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The constitutional court held that there was no live issue between the parties, the separate district having satisfied stilbaai (which has since been absorbed in the new langeberg municipality). There could be more than one individual or organization sharing the name independent electoral commission %28cct 4 who may or may not be in the listed cases below. The deputy president intended to say that administrative independence implies that there will be no control over those matters directly connected with the functions to be performed by the commission.

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Although there was no live issue between the parties in this case, the court held that it would be in the interests of justice to make a finding on the applicability of chapter 3 of the constitution to disputes involving the independent electoral commission. Since the 1990s there has been a remarkable increase in the number and powers of hybrid independent institutions of accountability provided to perform one or more of the functions usually associated with the three traditional branches of government in modern african constitutions. Furthermore, independence cannot exist in the air, and it is clear that the chapter intends to make a distinction between the state and government, and the independence of the commission is intended to refer to independence from the government, whether local, provincial or national.

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Sitting judge cannot be appointed to chair a commission (blurring lines between executive and judiciary).