PHUTI MOSOMANE
PRESIDENT Cyril Ramaphosa has signed into law the Electoral Amendment Bill of 2022, allowing independent candidates to contest elections in the National Assembly and provincial legislatures.
Prior to this, National Assembly and provincial legislature members could only be selected from those belonging to political parties.
Presidency spokesperson Vincent Magwenya said Ramaphosa was “satisfied that the processes leading to the Bill’s passing followed all legislative procedures as envisaged by the Constitution and that the substance of the Bill will pass constitutional scrutiny”.
“The Electoral Amendment Bill marks a significant milestone in the evolution of our democracy by expanding electoral participation and widening the pool of leadership choice for the National Assembly and provincial legislatures. The Bill presents a development that can only enrich and sustain our growing constitutional democracy”, said Ramaphosa.
The Bill was an amendment to the 1992 Electoral Act and now accommodates the Constitutional Court judgment handed down on 11 June 2020.
That judgment declared the Electoral Act of 1998 unconstitutional for stipulating that election to the National Assembly and provincial legislatures may only be attained through membership of political parties.
The Bill sets out the requirement for the appointment of agents by independent candidates.
It also states the requirements that must be met should one wish to be nominated as an independent candidate.
There is a revised formula for the allocation of seats and their re-allocation in the event of vacated seats and the Bill states the Minister of Home Affairs must establish an Electoral Reform Consultation Panel within four months.
But civic movement OUTA wanted the Electoral Reform Consultation Panel to include civil society organisations.
“The panel must ensure public participation takes place regularly and in an informed, inclusive and educational manner. The public’s interests must be at the forefront of all reform considerations,” said OUTA’s Parliamentary Engagement and Research Manager, Rachel Fischer.
During its work, the panel will make non-binding recommendations on reforms for future elections of the National Assembly and the provincial legislatures after the 2024 polls.
The Bill went through extensive public consultations, prompting Parliament to request two deadline extensions from the Constitutional Court.
The final deadline for Parliament to pass the Bill was 28 February 2023.
INSIDE POLITICS
