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Ngcukaitobi: Electoral Act goes against international laws SA subscribes to

Advocate Tembeka Ngcukaitobi represented the New Nation Movement that wanted that provision of the Electoral Act to be declared unconstitutional.

FILE: Advocate Tembeka Ngcukaitobi. Picture: Kayleen Morgan/EWN

JOHANNESBURG - Advocate Tembeka Ngcukaitobi said the electoral law that makes it mandatory to contest national elections only through a political party goes against international laws that the country subscribes to.

Ngcukaitobi on Thursday represented the New Nation Movement that wanted the provision of the Electoral Act to be declared unconstitutional.

He said the matter must be concluded before the next elections.

Ngcukaitobi said it didn’t make sense that individuals could contest local government elections but not national elections because the Constitution didn’t exclude individuals.

He said the exclusion started with the electoral law.

Ngcukaitobi argued that this meant when a party expelled an individual, he or she was automatically disqualified from contesting or serving as a Member of Parliament even though the individual right to hold public office is protected by the Constitution.

‘NOTHING WRONG WITH ELECTORAL SYSTEM’

The Independent Electoral Commission (IEC) has argued at the Constitutional Court that there was nothing wrong with the electoral system as it stands.

IEC chair Glen Mashinini and chief electoral officer Sy Mamabolo were in court as the arguments were advanced.

Mamabolo said the IEC had to make its position on the issue known.

“Our deal is that Parliament has chosen an electoral system that is constitutionally permissible. There is nothing wrong, in our view, with the electoral system as it stands.”

Judgement has been reserved.