FUR2601/001/3/2021
Fundamental Rights
FUR2601
2021
SECOND COMPULSORY ASSIGNMENT: DUE DATE 10 AUGUST 2021
Your unique number is: 802655.
Question
Ms Ithabeleng Selebalo is interested in running as an independent candidate in the upcoming
national elections. According to the Electoral Act 73 of 1998, adult citizens may be elected to the
National Assembly and Provincial Legislatures only through their membership of political parties.
1. Identify name the right that is potentially infringed by the Electoral Act 73 of 1998. (2)
Section 18 of the Constitution of the Republic of South Africa, 1996 protects freedom of association.
The electoral system imposes an unfair and unjustifiable restriction on voters who are not members
of political parties from running for office in the National Assembly or Provincial Legislature.
2. Is the Electoral Commission bound by the Bill of Rights? Give a reason or your answer. (2)
The Electoral Commission is limited by the Electoral Act and the Electoral Commission Act. The
commission is likewise limited by the bill of rights. Political rights, option to cast a ballot or take an
interest in political exercises, secured are secured under the bill of rights subsequently the
commission should notice these rights. Constituent Commission is exclusively liable for getting sorted
out decisions. It must, obviously, do as such as far as the material laws and the Constitution, yet the
Electoral Commission isn't important for any administration division.
3. The “Network for Electoral Reform”, a Non-Governmental Organisation that promotes and
supports free and fair elections, wishes to join the proceedings. Do they have standing?
Give a reason for your answer. (3)
An expansive way to deal with standing is followed and Network for Electoral Reform doesn't need to
show that it has a individual interest in the matter. Organization for Electoral Reform will have
remaining to move toward the court, as it falls under one of the classifications recorded in segment
38, to be specific an affiliation acting considering a legitimate concern for one of its individuals.
Organization for Electoral Reform should claim that an arrangement in the Bill of Rights has been
abused what is more, can depend on the way that Ms Ithabeleng Selebalo has been ridiculously
victimized.
Fundamental Rights
FUR2601
2021
SECOND COMPULSORY ASSIGNMENT: DUE DATE 10 AUGUST 2021
Your unique number is: 802655.
Question
Ms Ithabeleng Selebalo is interested in running as an independent candidate in the upcoming
national elections. According to the Electoral Act 73 of 1998, adult citizens may be elected to the
National Assembly and Provincial Legislatures only through their membership of political parties.
1. Identify name the right that is potentially infringed by the Electoral Act 73 of 1998. (2)
Section 18 of the Constitution of the Republic of South Africa, 1996 protects freedom of association.
The electoral system imposes an unfair and unjustifiable restriction on voters who are not members
of political parties from running for office in the National Assembly or Provincial Legislature.
2. Is the Electoral Commission bound by the Bill of Rights? Give a reason or your answer. (2)
The Electoral Commission is limited by the Electoral Act and the Electoral Commission Act. The
commission is likewise limited by the bill of rights. Political rights, option to cast a ballot or take an
interest in political exercises, secured are secured under the bill of rights subsequently the
commission should notice these rights. Constituent Commission is exclusively liable for getting sorted
out decisions. It must, obviously, do as such as far as the material laws and the Constitution, yet the
Electoral Commission isn't important for any administration division.
3. The “Network for Electoral Reform”, a Non-Governmental Organisation that promotes and
supports free and fair elections, wishes to join the proceedings. Do they have standing?
Give a reason for your answer. (3)
An expansive way to deal with standing is followed and Network for Electoral Reform doesn't need to
show that it has a individual interest in the matter. Organization for Electoral Reform will have
remaining to move toward the court, as it falls under one of the classifications recorded in segment
38, to be specific an affiliation acting considering a legitimate concern for one of its individuals.
Organization for Electoral Reform should claim that an arrangement in the Bill of Rights has been
abused what is more, can depend on the way that Ms Ithabeleng Selebalo has been ridiculously
victimized.
