The South African Parliament on Thursday said it has noted and respects the Constitutional Court judgment handed down by Justice Mbuyiseli Madlanga permitting independent candidates to contest provincial and national elections.  

“Parliament respects the judgment of the Constitutional Court and will study its practical implications in relation to its obligations on the legislature,” the House said in a statement. 

Parliament was cited in the court case, which was brought by a non-governmental organisation, New Nation Movement. 

“Parliament had filed a notice to abide by the court’s decision, together with an explanatory memorandum. The explanatory memorandum addressed, amongst others, the time required for processing legislation, if amendments to the existing Electoral Act were required, and requested the court’s consideration in this regard,” the National Assembly said. 

The Constitutional Court has given Parliament 24 months in which to pass the required legislation, following its finding that the Electoral Act is unconstitutional because it does not allow individual candidates to run for political office. 

Reacting to the landmark ruling, the Electoral Commission of South Africa (IEC) on Thursday said it was ready to assist Parliament with revising the country’s electoral system and legislation based on the judgment of the Constitutional Court.

“The electoral commission welcomes the clarity the court has provided to the interpretation of the rights of citizens to stand for public office. We will study the judgment in detail to reflect on its full implications for the current electoral system and legislative framework governing national and provincial elections,” said commission chairperson Glen Mashinini. 

The IEC said the timing of the judgment and the parliamentary review of the electoral system that it had prompted was opportune, given the maturing of South Africa’s democracy and the looming impact of the coronavirus (Covid-19) pandemic on election processes around the world.