Speaker of the National Assembly and Another v New Nation Movement NPC and Others

In New Nation Movement II (2020), the Constitutional Court declared the Electoral Act 73 of 1998 unconstitutional to the extent that it permitted election to the National Assembly and provincial legislatures only through political party lists, thereby excluding independent candidates. The declaration of invalidity was suspended for 24 months to allow Parliament to remedy the defect, expiring on 10 June 2022. Parliament failed to pass amending legislation within that period. Shortly before expiry, the Speaker of the National Assembly and the Chairperson of the National Council of Provinces applied to the Constitutional Court for a six-month extension of the suspension to 10 December 2022. The application was opposed by New Nation Movement NPC and Ms Chantal Revell, who also filed late counter-applications seeking declaratory, supervisory and reading-in relief. The Minister of Home Affairs and the Electoral Commission supported the extension. The Court had to decide whether to grant condonation for late filings and whether the suspension of invalidity should be extended.

The declaration of invalidity of section 16(1)(a) of the Electoral Act (as identified in New Nation Movement II) was further suspended for six months, from 10 June 2022 to 10 December 2022. Condonation was granted for late answering affidavits, refused for late counter-applications, and no order as to costs was made.

The case clarifies the Constitutional Court’s approach to extending suspensions of constitutional invalidity, reaffirming that the interests of justice are decisive even where the state has delayed. It underscores the Court’s caution against last-minute extension applications while recognising the need to avoid constitutional chaos. The judgment is significant in the ongoing development of South Africa’s electoral system, as it facilitated the legislative process to allow independent candidates to contest national and provincial elections.