Constitutional Court Justice Nonkosi Mhlantla says that the rationality of the 200/200 National Assembly seat split between regional and national seats hinges on whether it leads to proportional representation. Mhlantla was addressing the application made by the Independent Candidates Association, which submitted that a 350/50 split would also lead to proportionality.

She also says that a law that affects different kinds of people differently doesn’t mean it is unconstitutional. This relates to the concerns over how seat allocations will be addressed should an independent candidate make it to the National Assembly.

The ICA had argued that independent candidates would need more votes than parties, saying that this will be risky, as there is no way of knowing if people will split their votes. But Justice Mhlantla says it is not inconceivable that voters won’t split their votes on the regional and compensatory ballots

[Picture: Brendan-Magaar-ANA]