Answer to Question #207001 in Law for sthando Manda

Question #207001

South African Fundamental Rights


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 and name the right that is potentially infringed by the Electoral Act 73 of 1998. (2)

2. Is the Electoral Commission bound by the Bill of Rights? Give a reason or your answer. (2)


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)

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. (3)


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