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New Nation Movement NPC and Others v President of the Republic of South Africa and Others (CCT110/19) [2019] ZACC 27

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New Nation Movement NPC and Others v President of the Republic of South Africa and Others (CCT110/19) [2019] ZACC 27

8th July 2019

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Click here to read the full judgment on Saflii

[1] This is an urgent application for direct leave to appeal to this Court against the judgment of the High Court of South Africa, Western Cape Division, Cape Town (High Court), delivered on 17 April 2019.  The central question is whether it is constitutionally permissible to prohibit eligible South Africans from standing for election to the National Assembly and Provincial Legislatures other than through party lists.  The applicants seek an order declaring certain provisions of the Electoral Act[1] invalid in so far as they do not allow independent candidates to stand for election.  The matter involves novel and far-reaching questions of constitutional law.

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[2] The application was lodged in this Court on 18 April 2019 and heard on 2 May 2019.  On that day, the parties were requested to address the Court only on the question of urgency.  At the end of the hearing, this Court concluded that the applicants had failed to make out a case for an urgent hearing and issued an order adjourning the matter to 15 August 2019, with no order as to costs and indicating that reasons for the order would follow.[2]  These are the reasons.

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