Click here to read the full judgment on Saflii

[1]   This is an application for an extension of the further suspension of the order made by this Court on 11 June 2020 in New Nation Movement II (first order).[1]  In that matter, this Court declared the Electoral Act[2] unconstitutional to the extent that it stipulates that adult citizens may be elected to the National Assembly and Provincial Legislatures only through their membership of political parties.  This Court in the first order suspended the declaration of invalidity for a period of 24 months to afford Parliament an opportunity to remedy the defect.[3]  Counting from the date of the order, the period of suspension expired on 10 June 2022.  On 10 June 2022, and arising from an application to this Court by the applicants, an order was issued extending the suspension of the order for a period of six months, that is, from 10 June 2022 to 10 December 2022 (second order).[4]  The reasons for that order were issued on 29 June 2022.

[2]   Serving before us was another application brought on an urgent basis on Monday, 5 December 2022 for yet another extension.  On 9 December 2022, this Court granted an interim order, in terms of which the declaration of invalidity was further suspended from 10 June 2022 to 31 January 2023, pending a final determination of the application.  The interim order was granted to avoid the lapse of the second order on 10 December 2022 and the coming into effect of the declaration of invalidity as it was clear that Parliament would not be able to meet that deadline.  The interim order also called for submissions from the parties.