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Cape Town — The Constitutional Court (ConCourt) is set to make a ruling on Monday over the threshold for the number of seats in the National Assembly and provincial legislatures.

The case in question is between Mmusi Maimane’s One Build South Africa (Bosa) and the Independent Candidates Association SA (ICA).

According to Mail and Guardian, Bosa and ICA argued that the Act was unconstitutional because it unfairly restricted the participation of independent candidates in the elections and their representation in the National Assembly, compared to political party candidates.

The applicants claimed the playing field was not equal and independent candidates would require more votes to obtain a seat.

Independent Electoral Commission (IEC) chair Mosotho Moepya recently told a Home Affairs parliamentary hearing that the fact that the court judgment was outstanding was creating anxiety. He said the IEC could only finalise plans for the elections once the judgment had been handed down.

This comes just days after former president, Thabo Mbeki, raised concerns over the delays in the matter, calling for elections to be held in August next year instead of earlier in the year.

ALSO READ | Electoral Commission joins alarm calls: Concourt ruling on election case is urgent

He said political parties were concerned that this would impact the preparations for elections by the Electoral Commission of South Africa (IEC), IOL reported.

The apex court announced on Friday that the ruling will be delivered on Monday on the application of Bosa and ICA, when Home Affairs Minister, Aaron Motsoaledi, briefed the National Assembly’s portfolio committee on home affairs on the electoral reform panel.

The panel will look at the electoral system that will be used in the 2029 elections, and is one of the changes brought about by the Election Amendment Act. The Act will allow independent candidates to to contest elections in Parliament and provincial legislatures.

Motsoaledi said the panel should look at the electoral reform in South Africa.

“The panel must, within 12 months after the 2024 elections, submit a report to the minister on the possible options for electoral reform for the election of the national assembly and provincial legislatures,” said Motsoaledi.

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Compiled by Matthew Petersen

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