New Nation Movement NPC and Others v President of the Republic of South Africa and Others, [2020] ZACC 11, is a decision of the Constitutional Court of South Africa, handed down on 11 June 2020, which declared that the Constitution requires that citizens be allowed to stand for election to the National Assembly and provincial legislatures as independents without having to join or form a political party.

The minority report of the Task Team proposed to retain the existing list PR system by way of a constitutional amendment.

[1]: 6  The three wanted the high court to declare that the Electoral Act 73 of 1998 was unconstitutional as that latter did not allow individuals other than political parties to stand as candidates in national and provincial elections.

Firstly, is one's right to freedom of association, guaranteed in section 18 of the Constitution, limited by the Electoral Act, making access to public office available only through membership of a political party.

Closer to home, he quotes The Law Society of the Transvaal v Tloubatla 1999 were Justice Van Dijkhorst held that: "[T]here is no reason in my view to restrict the meaning of our clause on the freedom of association merely to the positive.

He argued there was no legislation occurring at the moment to change the electoral system and that Speaker, in her affidavit, affirmed that, hence no there was no judicial interference.

It does so by choosing the President, by providing a national forum for public consideration of issues, by passing legislation and by scrutinizing and overseeing executive action.

"Assessing the applicants' contention that the Electoral Act is unconstitutional because it fails to provide for something more, independent candidates, Justice Froneman examined the rights of citizens in the three areas of section 19 of the Constitution.

[2]: 80  He disagreed with the consenting justices contention when they declared that once a citizen is forced to vote for a political party in section 19(3)(b), their rights, in section 19(1) "Every citizen is free to make political choices..", are divested of free choice when forced to choose a party even if they don't want too.

He said, in reading the Constitution's context and purpose, it is hard to find, in its representation of representative, participatory and direct democracy, for groupings other than political parties forming a multi-party system.

When reading sections 46–47, 105-106 and 157-158 of the Constitution together, he stated that a clear idea is given about the types of electoral systems required at national, provincial and municipal levels.

At municipal level, section 157(2) does not prescribe a mixed system but leaves it up to parliamentary legislation to decide if it is permissible, it as long as there is proportional representation.

"Democratic Alliance (DA) national spokesperson Solly Malatsi said,[4]: 3 "We support any efforts that seek to strengthen our democracy.

"United Democratic Movement leader Bantu Holomisa said,[4]: 3 "This judgment may necessitate that we introduce a mixed system like at local government level.

"Congress of the People spokesperson Dennis Bloem said the judgment was a victory for democracy his party having campaigned inside and outside parliament for its change.

[5]: 6 The Electoral Commission of South Africa chairperson, Glen Mashinini welcomed the clarity given by the court and was an opportune moment for the country's maturing democracy.

[4]: 3  Mashinini said, "The court gave parliament 24 months to revise the legislation and the Electoral Commission stands ready to provide technical assistance into this process.

"[4]: 3  and,[3]: 1 "The Electoral Commission welcomes the clarity the court has provided to the interpretation of the rights of citizens to stand for public office.

We will study the judgment in detail to reflect on its full implications for the current electoral system and legislative framework governing national and provincial elections.

"Political analyst from the University of South Africa Professor Dirk Kotze commented on the judgement saying this means change had to happen and that some reforms identified in the Van Zyl Slabbert report published in January 2003 was the place for parliament to start.

"The People's Dialogue leader Herman Mashaba and Johannesburg's former mayor said about the judgments ruling for the current political parties,[6]: 1 "The fallout they would experience from any form of direct accountability would be disastrous for them, given the poor calibre of candidates that political parties put forward to represent the people of South Africa."