Click here to read the full judgment on Saflii

[1] This is an application lodged on an urgent basis on 18 April 2019.  The applicants were seeking leave to appeal directly to this Court against a judgment of the High Court of South Africa, Western Cape Division, Cape Town.  This Court heard argument only on the question of urgency on 2 May 2019.  On that day it concluded that the matter lacked urgency and postponed it for hearing in the ordinary course on 15 August 2019.[1]

[2] What is now before us is the application for leave to appeal.  It concerns the question whether, to the extent that it allows individuals to be elected to the National Assembly and Provincial Legislatures only through membership of political parties, the Electoral Act[2] is constitutional.  Put differently, does this channelling to membership of political parties infringe certain rights enjoyed under the Bill of Rights by individuals or, more specifically, would-be independent candidates?  More on those rights shortly.  In addition to this broad challenge, the applicants seek the invalidation of section 57A of, and Schedule 1A to, the Electoral Act.  Section 57A provides that Schedule 1A applies in general to National Assembly and Provincial Legislature elections.  Schedule 1A provides for a party proportional representation system which is achieved through party lists.