Answer to Question #225055 in Law for Fezzie

Question

Ms Ithabeleng Selebalo is interested in running as an independent candidate in the upcoming national elections. According to the Electoral Act 73 of 1998, adult citizens may be elected to the National Assembly and Provincial Legislatures only through their membership of political parties.

1. Identify name the right that is potentially infringed by the Electoral Act 73 of 1998.

Answer 1

Section 18 of the Constitution of the Republic of South Africa, 1996 protects freedom of association.

The electoral system imposes an unfair and unjustifiable restriction on voters who are not members

of political parties from running for office in the National Assembly or Provincial Legislature.