ConCourt hears NA seat allocation for independents ‘arbitrary’
The Independent Candidate Association of South Africa has told the Constitutional Court the decision to allocate 200 National Assembly seats to independents was made in an arbitrary manner.
It wants independent candidates contesting next year's elections to be afforded 350 of the 400 seats in the National Assembly.
The Independent Candidates Association and Build One SA Movement are challenging the Electoral Amendment Act in the apex court.
Advocate Griffiths Madonsela, for the association, argued their case in the court on Tuesday.
"There is no evidence on the record where there was serious engagement with the issue if 350 votes by parliament.
"It is being asserted only now in affidavits, there are documents which were issued by the advisory committee and all sorts of reports given to them. One was given to them - is a statement that this issue of 350 - 50 split was raised by it is a policy decision."
Madonsela said there is a fundamental disparity in the treatment of independent candidates and political parties in the current Act.
"If it is arbitrary, then it is unconstitutionality because it fails to meet the minimum tests of rationality, but secondly, if it is unconstitutional because it breaches the fundamental right, it has to be justified under section 33, and there is no justification for it in this case."
