Cape Town – President Cyril Ramaphosa has signed into law the Electoral Amendment Bill, which provides for independent candidates to stand for election in Parliament and provincial legislatures.
The bill is a sequel to the judgment by the Constitutional Court, which found in June 2020, that the Electoral Act was unconstitutional by only allowing the election to Parliament and the legislatures through membership of political parties.
The bill sets out provision for objections to independent candidates; requirement for the appointment of agents by independent candidates; and a revised formula for the allocation of seats and their re-allocation in the event of vacated seats, among others.
It also provides for the appointment of the electoral reform consultation panel by the Minister of Home Affairs in consultation with Parliament, and the Independent Electoral Commission that will investigate, consult and make recommendations on electoral reform.
It is expected to submit a report to the minister within 24 months after the 2024 elections.
“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,” Ramaphosa said.
“The bill presents a development that can only enrich and sustain our growing constitutional democracy,” he added.
The enactment of the bill has attracted mixed reaction from political parties and civil society groups.
DA MP Adrian Roos said the legislation failed on both the grounds of fair participation by independent candidates and general proportionality.
“The bill was meant to facilitate the participation of independent candidates in national and provincial elections in a way that general proportionality is retained.
“Instead, the ANC twisted the seat allocation system in such a way that the lions’ share of wasted votes goes to the ANC,” he said.
Good Party secretary-general Brett Herron said while they supported the latest amendments to the Electoral Amendment Bill, they believed the reform in the elective process was far from finished.
“This bill is just one of many steps along this road and does reflect progress towards a fairer and more inclusive democratic process for independent candidates, and new political parties,” Herron said.
He also said they hoped the reform panel would make recommendations that would be considered as part of long-term work to improve the country’s democracy.
“We therefore call for further, real reforms to be implemented for the 2029 elections and beyond,” Herron said.
Cosatu parliamentary co-ordinator Matthew Parks said the labour federation noted the signing of the bill.
“Now that the president has signed the act into law, it is critical that the IEC and Home Affairs put in place all the necessary measures and resources to ensure that the 2024 elections take place smoothly,” Parks said.
The Inclusive Society Institute (ISI) said it welcomed the introduction of independent candidates into the electoral system, but their participation should be based on rational rules and regulations.
“The ISI is of the opinion that the current bill, now assented to falls short, and will not pass the rationality test,” said the institute in a statement.
“The ISI’s legal team is currently weighing the institute’s options; it is morally and ethically obliged to challenge unconstitutional law,” it said.
Cape Times