NCCM is approaching the Electoral Court about the seat allocation in the Northen Cape.
Effectively, they are challenging the Droop Quota used in our PR elections. This is where one divides by 1 more than the number of seats.
This tends to favour the larger parties by reducing the Quota. I did an analysis last year, where I showed that the largest party gained a seat in about 50% of provincial legislature elections over the past four election cycles, as a consequnce of using the Droop Quota instead of the Hare Quota (dividing by the number of seats).
I am not sure that the Electoral Court is now going to upend the Electoral Act that has been in place since 1998.
If it was later taken to the Constitutional Court, the arguments about proportionality and fairness of elections could get interesting.