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IEC seeks to finalise preparations as Ramaphosa urged to announce 2024 election date
The Electoral Amendment Act was signed into law by President Cyril Ramaphosa in April.
Special voting taking place at the Highway Gardens voting station in Edenvale on 31 October 2021. Picture: Neil McCartney
The Electoral Commission of South Africa (IEC) says it can now finalise its preparations for the next year’s elections now that the legal battle over the Electoral Amendment Act has been brought to a conclusion.
The ConCourt delivered its ruling on the Electoral Amendment Act on Monday, declaring a provision of the law relating to the threshold of voters’ signatures unconstitutional and invalid in favour of Build One South Africa (Bosa).
The apex court also found that independent candidates only being allowed to contest 200 of the 400 seats in the National Assembly was lawful on the basis of general proportionality.
The Independent Candidates Association of South Africa’s (ICA) application was, therefore, dismissed, but with no cost order.
The Act, which paves the way for independent candidates to contest provincial and national elections in 2024, was signed into law by President Cyril Ramaphosa in April.
‘Constitutional complexity’
In a statement on Monday, the IEC welcomed the ConCourt’s judgement, saying the ruling would provide certainty as the commission looks to conclude preparations ahead of the 2024 elections.
“The Electoral Commission will immediately put in place the regulations necessary to give practical effect to revisions of the electoral system in the light of the judgement handed down today by the apex court,” the statement reads.
The IEC highlighted that the judgment also reaffirmed the commission’s initial position that the distribution of seats was rational and satisfied the general proportionality requirement.
“The important confirmation of the Constitutional Court is that the contestants in the regional tier of the elections are subject to the same number of votes per seat.
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“Furthermore, that no votes of independents are to be transferred to political parties. Pertinently, the Electoral Commission will now finalise adjustments to the signature requirements portal so that prospective independent candidates and unrepresented parties can start collecting and capturing. The signature portal, as well as the final regulations, will be launched soon,” the IEC said.
“The Electoral Commission notes the three-way judgement on the One South Africa Movement twin challenges. This is indicative of the constitutional complexity related to the design of an electoral system.
“The elements of the findings in relation to the recalculation of formulae is a matter on which the soon-to-be established electoral reform consultation panel will have to be seized with going forward,” the commission added.
‘Important victory’
Bosa leader Mmusi Maimane expressed his delight at the ConCourt ruling that only 1,000 signatures will be required for both political parties and independent candidates instead of the 15% quota.
“[It is] an important victory,” Maimane said.
In addition, the GOOD Party called on the president to announce the date of the election.
“The court found that the Electoral Amendment Act would not result in our elections failing the free and fair test,” GOOD MP Brett Herron said on Monday.
“Now that the Act has been declared rational and constitutional, the IEC can prepare for the 2024 elections.”
The Transformation Alliance (TTA) also welcomed the ConCourt judgment.
“While the work to collect the 15% of the required signatures had already started in earnest, we have always maintained that this requirement was unconstitutional in that it disadvantaged new parties and favours the older parties,” TTA leader Abel Tau said in a brief statement.
Election date
The IEC previously warned the litigation could “imperil” the quality of the upcoming elections.
Since the term of office of the current government ends around May, South Africa is required to hold elections within 90 days of the expiration date in terms of the Constitution.
According to the commission, the elections could take place between May and August 2024 if Ramaphosa makes a proclamation by early February.
The president, in consultation with the IEC, must determine the election date.
Meanwhile, a panel that will be tasked with considering greater electoral reform is expected to be established after the 2024 elections.
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