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[1]        This application follows upon this Court’s decision in New  Nation  Movement  II.[1]  On 11 June 2020, this Court in New  Nation  Movement  II held that the Electoral Act[2] is unconstitutional to the extent that it requires that adult citizens may be elected to the National Assembly and Provincial Legislatures only through their membership of political parties.[3]  The order granted in New Nation Movement II shall henceforth be referred to as “the order”.

[2]        The declaration of constitutional invalidity was suspended for a period of 24  months to afford Parliament the opportunity to correct the defect.  The period of suspension expired on 10 June 2022.

[3]        On Friday, 10 June 2022, this Court made the following order:

1.         Condonation is granted for the late filing of the first and second respondents’ answering affidavits.

2.         Condonation for the late filing of the first and second respondents’ counter  applications is refused, and those counter-applications will not be entertained by this Court.

3.         The declaration of invalidity in paragraph 5 of the order of this  Court in New Nation Movement NPC and Others v President of The Republic of South Africa and Others (CCT 110/19) [2020] ZACC 11; 2020 (6) SA 257 (CC); 2020 (8) BCLR 950 (CC) is further suspended from 10  June  2022 to 10  December  2022.

4.         No order as to costs is made.

5.         Reasons for this order shall be given at a later date.