The requirement that independent candidates and unrepresented political parties collect signatures which total 15 percent of the votes required to attain a single seat where they are contesting is burdensome. This is the submission of civil society think tank, the Rivonia Circle.
The organisation made arguments as a friend of the court in support of the Independent Candidates Association and One SA Movement’s challenge to the Electoral Amendment Act in the Constitutional Court today.
Counsel for the Rivonia Circle, Max du Plessis says the requirement is too high and will act as a barrier to entry.
“It’s a barrier to ballot so it is a burden that befalls new parties and independent candidates for the first time in our democratic history, precisely some may say, when the party is in need of political contestation and new ideas. Political contestation cannot happen if you don’t even get on the ballot and vote for new blood on that ballot and if this entails a burden on foundation rights then it is also a burden fundamental to our history but it is also critical for our future.”
Additionally, the Rivonia Circle says that there was no independent study undertaken by Parliament to determine what impact effect the 15 percent signature requirement will have on those wishing to contest the elections on a level playing field.”
Adv Paul Hoffman unpacks today’s court proceedings:
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