Disqualifying the National Freedom Party (NFP) from participating in the elections in KwaZulu-Natal would be a violation of the voters' constitutional right to vote for a political party of their choice, the Economic Freedom Fighters (EFF) has said.

The NFP missed the June 2 deadline to pay a deposit to participate in the elections as required by the Independent Electoral Commission (IEC).

EFF spokesperson Mbuyiseni Ndlozi said not allowing the NFP to contest the local government elections would not just be penalising the leadership of the party.

"The EFF believes that money or fees payments should never be a basis upon which a political party is allowed to contest elections, particularly a political party that has tested mass support in areas where it exists," Ndlozi said.

He said the NFP was currently a majority party in some municipalities in KwaZulu-Natal and a section of the electorate has demonstrated in 2014 general elections that they had confidence in the NFP.

Electoral Court to decide

"The IEC and Electoral Court should therefore not magnify an administrative fault into a decision that will prevent the whole political party, its candidates and voters from participating in a democratic process."

He said the IEC should use different criteria to determine the seriousness of a political party and candidates that wished to contest elections other than money.

The EFF would write to the IEC and the Electoral Court to request that the NFP be allowed to contest, he said.

"All South Africans must be afforded the Constitutional right to make free political choices in a free and fair environment."

The NFP has said they would be heading to court on Thursday in a bid to be allowed to participate.