Johnathan Paoli
THE Council for the Advancement of the South African Constitution (Casac) said that the processes used in parliament to pass the contentious Electoral Amendment Act are problematic.
The challenges to the act were heard at the Constitutional Court on Tuesday, brought by the Independent Candidates Association and Build One SA Movement.
The case challenges the threshold set for independent candidates to enter the national election.
There’s also a challenge to the number of seats available to independent candidates in the National Assembly.
The court has also been asked to consider the way in which seats are calculated when an independent candidate vacates a seat.
Executive Secretary at Casac Lawson Naidoo said the process followed in parliament was highly problematic because it took 18 months from that judgement before the minister of Home Affairs tabled the amendment bill in Parliament – time that we believe was wasted.
“We would argue that during the period he established the ministerial advisory committee to advise him on the electoral options, but at the end of the day, the minister ignored the majority of that and went with a minority view, which is highly problematic. We see it in the concerns that have been raised by civil society organisations, as well as in this court case that has been a long time coming.”
The Independent Candidate Association of South Africa has told the Constitutional Court the decision to allocate 200 National Assembly seats to independents was made in an arbitrary manner.
The independent candidates said they needed to be accorded 350 of the 400 seats in the National Assembly after the 2024 elections.
Advocate Griffiths Madonsela for the independent candidates said there is no evidence on the record where there was serious engagement with the issue if 350 votes by parliament”.
“Would a system be fair that said independent candidates must double the votes of a political party to be elected”
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