Electoral Amendment Bill: Will Ramaphosa meet ConCourt’s deadline?

President Cyril Ramaphosa has only three days left to sign the Electoral Amendment Bill into law in order to abide by a Constitutional Court (ConCourt) order.

Parliament passed the Electoral Amendment Bill on Thursday after Portfolio Committee on Home Affairs finalised and adopted the legislation earlier this month.

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Members of Parliament (MPs) debated on the bill in the National Assembly, with 218 voting in favour, while 81 votes went against the legislation.

This leaves Ramaphosa with three days to approve the bill ahead of the 28 February deadline.

The ConCourt had greenlit another extension for Parliament in order to allow for more input from the public on the bill after the National Council of Provinces (NCOP) made amendments to the legislation.

Litigation threats

It remains to be seen whether the president will meet the deadline or whether he will send the bill back to Parliament if he is unhappy with the legislation.

Either option would, however, not matter with several civil society organisations threatening to take legal action if the bill is approved by Ramaphosa.

This could put the upcoming 2024 general elections at risk since the Independent Electoral Commission (IEC) significant time to prepare for the polls.

READ MORE: IEC ‘concerned’ as Electoral Amendment Bill could affect other laws ahead of 2024 elections

The organisations are of the view that the bill was flawed and did not go far enough in allowing for a mixed electoral system, that makes provision for both a single-member constituency and a proportional representation (PR) system in order for voters to hold politicians accountable.

They have also argued that the bill would put the upcoming 2024 general elections at risk if it is not changed.

The Independent Candidate Association (ICA) have indicated that the organisation would approach the ConCourt with an application for direct access after the bill has been enacted.

Bill changes

According to the bill, independent candidates are allowed to contest elections in one or more regions for the National Assembly.

But the candidate may only be elected to one seat in the National Assembly and the provincial legislature in the province in which they are registered as a voter.

The method of seat allocation was adjusted by Parliament.

The number of signatures required for previously unelected independent candidates to register for elections was also reduced from 50% of the quota in the previous election to 15%.

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Both independent candidates and parties – who are registered but not represented in the National Assembly or provincial legislatures – have to produce the same amount of signatures.

The bill has further included Clause 23, proposed by Department of Home Affairs, as a provision.

The clause will see the establishment of a panel of independent experts to look into the reform of South Africa’s electoral system after the 2024 elections so that any recommended changes can be introduced before the 2029 elections.

The panel, which will have to be appointed within four months of the enactment of the bill, will be appointed by Home Affairs Minister, Aaron Motsoaledi.

Invalidity ruling

In 2020, the ConCourt ruled that Section 19 of the Electoral Act was unconstitutional for not allowing independent candidates to contest provincial and national elections.

The apex court, in its ruling, then suspended the declaration of unconstitutionality for “24 months to afford Parliament an opportunity to remedy the defect giving rise to the unconstitutionality”.

The case was brought by the civil organisation New Nation Movement (NNM) to the apex court in 2019, requesting that independent candidates be allowed to stand as lawmakers in the National Assembly and provincial legislatures.

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