Delay in Constitutional Court Ruling Unsettles 2024 Election Preparations, Independent Candidate Zackie Achmat Raises Concern

South African activist and independent candidate Zackie Achmat has highlighted a pressing concern regarding the Constitutional Court's delay in issuing a judgment on a critical electoral law challenge—an issue that poses a potential threat to the integrity of the upcoming 2024 general election. Achmat is not a direct litigant but has vocalized the importance of the case as it impacts the entire election protocol and, by extension, the democratic process.

In April of this year, amendments to the Electoral Amendment Act were passed, with independent candidates being permitted to contest elections for the first time. However, there is controversy surrounding these amendments that allegedly impose disproportionate burdens on independents compared to political party candidates—calling the fairness and constitutionality of the legislation into question.

The core of the challenge, initiated by the Independent Candidates Association and Build One SA, revolves around alleged unequal conditions for independent candidates in garnering representation in the National Assembly compared to their party-affiliated counterparts. The argument was presented to the court in late August, with opposing views from Parliament and the Minister of Home Affairs, Aaron Motsoaledi.

This protracted legal uncertainty is having tangible consequences. Independent Electoral Commission (IEC) Chairperson Mosotho Moepya communicated to a parliamentary committee the prevailing anxiety due to the pending judgment. With the IEC's inability to finalize election plans, potential independent candidates are hesitant to declare their candidacy, and Achmat himself is among the first to bring the issue to the public eye as he undertakes the cumbersome task of collecting the required signatures for his nomination.

In a pivotal letter addressed to Chief Justice Raymond Zondo on 23 November, Achmat requested a timeline for the court's decision, hinting at the possibility of issuing an interim order at the very least to provide some level of certainty, especially concerning the signature requirement for independents' nominations.

Experts within the legal community, like Judges Matter's Mbekezeli Benjamin, have acknowledged the complexity of delivering a judgment with significant ramifications but have echoed the urgency, citing past instances where the court issued provisional orders to accommodate electoral timelines.

The Office of the Chief Justice has yet to publicly respond to these assertions raised by GroundUp. This delay in judgment by the Constitutional Court presents a legal limbo not only for Achmat but also for democracy itself, highlighting the struggle for independent candidates to carve out space within South Africa's electoral landscape.

As the clock ticks towards the 2024 general election, the need for a swift resolution becomes ever more critical to ensure an equitable and transparent electoral process for all South Africans.