The Western Cape High Court has dismissed a court application to have independent candidates contest national and provincial elections.
The matter was brought before the High Court by the New Nation Movement, Chantal Revelle, and others. On Wednesday the matter was dismissed with no costs. However, the New Nation Movement says their fight is not over.
Justice Siraj Desai handed down the judgment, dismissing it with no costs.
New Nation Movement, Chantal Revelle, GRO, and Indigenous First Nation Advocacy said the issue of accountability of public representatives- was at the heart of their application.
They argue that Members of Parliament are not directly answerable to citizens, but to the parties, they belong to.
Revelle, the second applicant, wanted to stand as an independent candidate in the upcoming elections.
The application therefore also relied heavily on earlier remarks by Chief Justice Mogoeng Mogoeng, in the My Vote Count’s matter. He said every adult citizen may stand as an independent candidate at the municipal, provincial or national level.
But, Justice Desai says these remarks are not binding.
Referring to Revelle, he said there was nothing stopping her from forming a political party, and standing for office.
He went on to say a ruling in favour of the application, would have an effect on the election.
But, New Nation Movement says it plans to take this fight to the Constitutional Court.
However, the applicants will have to ask for leave to appeal from the High Court.
If this is denied, they will be able to petition the Constitutional Court directly.