2023
UNIQUE CODE: 785970
, Question
Ms Lentu Padi 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.
1.1. Identify and name the right that is potentially infringed by the Electoral Act 73 of
1998.
1.2. Is the Electoral Commission bound by the Bill of Rights? Give a reason or your
answer
1.3. 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.
1.4. Does the Magistrate’s Court have the jurisdiction to hear this matter as a matter of
first instance? Give a reason for your answer.
1