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Judgment No. CCZ 3/18
Constitutional Application No. CCZ 15/18
applicants allege that if the harmonised general elections were to be held under the prevailing
conditions, the political playing field would be in favour of the political parties receiving
funding in terms of s 3(3) of the Act.
The main application is intended to achieve the following ends, by way of the orders
sought as gleaned from the founding and supporting affidavits -
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Recommendation to Parliament by the third respondent of what is called laws which
ensure free, fair and credible elections, as provided for by the Constitution;
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The use by the first respondent of his influence over the ruling party and its majority
in Parliament to have the Act realigned “to the Constitution”;
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The putting on hold of the forthcoming harmonised general elections until the Act
is realigned with the Constitution”; and
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The barring of the first respondent from proclaiming the dates for harmonised
general elections until the Act is repealed.
The draft order sought is expressed in the following terms:
“WHEREUPON after reading documents filed of record and hearing parties:
IT IS ORDERED THAT:
1.
The first respondent be and is hereby ordered not to proclaim the General
Elections date until the Political Parties Finances Act of 2001 is repealed.
2.
The second respondent be and is hereby ordered to facilitate the repealing of the
Political Parties Finance Act.
3.
The third respondent be and is hereby ordered not to conduct any elections under
the current Political Parties Finance Act.