The New Nation Movement had argued that the Electoral Act was unconstitutional because it did not provide for adult citizens to be elected to national and provincial Legislatures as independent candidates

The Constitutional Court has found South Africa’s Electoral Act unconstitutional.

This morning’s ruling effectively means that independent candidates will be allowed to contest national and provincial elections without being members of political parties.

Judge Mbuyiseli Madlanga announced the ruling that the electoral act is unconstitutional, and the law must be changed.ustice Madlanga said that “given the importance of political rights within the South African context and the far-reaching implications that these rights have on the right to human dignity, these rights must be interpreted generously rather than restrictively”.

“Insofar as it makes it impossible for candidates to stand for political office without being members of political parties, the Electoral Act is unconstitutional,” he said.

Madlanga said the act limited the right to freedom of association. He said if an individual was free to associate, he or she must also be free not to associate.