New Nation Movement NPC v President of the Republic of South Africa
South African legal case / From Wikipedia, the free encyclopedia
Dear Wikiwand AI, let's keep it short by simply answering these key questions:
Can you list the top facts and stats about New Nation Movement NPC v President of the Republic of South Africa?
Summarize this article for a 10 year old
New Nation Movement NPC and Others v President of the Republic of South Africa and Others, [2020] ZACC 11, is a decision of the Constitutional Court of South Africa, handed down on 11 June 2020, which declared that the Constitution requires that citizens be allowed to stand for election to the National Assembly and provincial legislatures as independents without having to join or form a political party. The declaration was suspended for 24 months to allow Parliament to modify the electoral laws to comply. The majority judgment was written by Justice Madlanga and a concurring opinion was written by Justice Jafta; these opinions were supported by eight of the nine judges hearing the case. Justice Froneman filed a dissenting opinion.
New Nation Movement v President | |
---|---|
Court | Constitutional Court of South Africa |
Full case name | New Nation Movement NPC and Others v President of the Republic of South Africa and Others |
Decided | 11 June 2020 (2020-06-11) |
Citation(s) | [2020] ZACC 11 |
Case history | |
Prior action(s) | [2019] ZAWCHC 43, 2019 (5) SA 533 (WCC) (17 April 2019) |
Appealed from | High Court of South Africa, Western Cape Division |
Court membership | |
Judges sitting | Cameron J, Froneman J, Jafta J, Khampepe J, Madlanga J, Mathopo AJ, Mhlantla J, Theron J, Victor AJ |
Case opinions | |
The Electoral Act 73 of 1998 is unconstitutional to the extent that it requires that adult citizens may be elected to the National Assembly and Provincial Legislatures only through their membership of political parties. This declaration does not have retroactive effect and is suspended for 24 months for Parliament to act. | |
Decision by | Madlanga J |
Concurrence | Jafta J |
Dissent | Froneman J |
Keywords | |