Imagine during a general election, say because of constantly changing allegiances or because you believe in non-partisan democracy, you decide you don’t want to vote for any of the candidates of any political party. Either there are only two independents or only two you like, so you vote for them and leave your third vote blank.
When counted, your ballot paper is considered spoilt because you did not use your three votes. Is this not the same violation of your “democratic rights” (though for different ethical reasons) as you not filling in your candidature form completely? If you went to court, what would the judgement be?
The need to put your communal identity on a candidature form is because of the best loser system. Even if an independent candidate has the most votes of all the other losers (i.e. she IS the best loser) and is of the appropriate community, she will not be given a seat in the National Assembly, simply because she is not a member of a major party. Is this democratic?
Our electoral system (along with parts of our Constitution e.g. S.36A) is a sad joke. IT IS FUNDAMENTALLY UNDEMOCRATIC BECAUSE IT FAVOURS POLITICAL PARTIES OVER INDEPENDENTS BY DESIGN!!! Why did nobody raise this issue during the negotiations for independence? The best loser system should never have been introduced and if it hadn’t been then your case would not have been necessary.
Is it too late to use this argument? And are you interested in joining the Anti-Party?