5 Judgment No. CCZ 3/18 Constitutional Application No. CCZ 15/18 Assembly and the Senate make laws and the law-making function is not restricted to the National Assembly. The third respondent contended that the main application was not properly before the Court for the reason of non-compliance with r 21(1) of the Rules, which required the applicants to seek authority to access the Court directly before filing the application. The third respondent also contended that the application did not comply with r 16 of the Rules, for the reason that it was not in Form CCZ 1. The third respondent also raised the special plea of res judicata against the applicants. She alleged that in 2013 the first applicant filed an application under case no. CCZ 25/13 seeking funding in terms of the Act. The application was dismissed by the Court on 26 June 2013. On the merits, the third respondent averred that the relief sought in the main application was incompetent, as the proclamation of dates of a general election is not an act of exercise of discretion by the President. It is a constitutional requirement. She averred that no court has the power to bar the President from proclaiming the dates of a general election in terms of the Constitution. The third respondent also said that the relief sought by the applicants is not competent, for the reason that they have not sought a declaration of constitutional invalidity of the Act. The third respondent further contended that s 67(4) of the Constitution does to require the enactment of legislation that provides for funding of every political party formed. The essence of the third respondent’s case was that the threshold prescribed under s 3(3) of the Act