FUR2601
Assignment 2
Semester 1 – 2023
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. (2)
The right to freedom of association guaranteed in section 18 of the Constitution. 1
1.2. Is the Electoral Commission bound by the Bill of Rights? Give a reason
or your answer (2)
1 New Nation Movement NPC and Others v President of the Republic of South Africa and Others
[2020] ZACC 11.
Assignment 2
Semester 1 – 2023
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. (2)
The right to freedom of association guaranteed in section 18 of the Constitution. 1
1.2. Is the Electoral Commission bound by the Bill of Rights? Give a reason
or your answer (2)
1 New Nation Movement NPC and Others v President of the Republic of South Africa and Others
[2020] ZACC 11.