Independents get raw deal with Electoral Amendment Bill

At first glance, the Electoral Act (Amendment) Bill – signed into law yesterday by President Cyril Ramaphosa – looks like a significant step on the road to political diversity by allowing independent candidates to stand as MPs.

Yet, as it critics argue, it may do the opposite of encouraging wider electoral participation by making it difficult for independent candidates to get elected.

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While the law is complex – and that is why it has flown under the radar for the past two years while it was in discussion – it puts hurdles in the way of a true democratic representation of the will of the people because not only are the numbers of independent MPs limited to 200, independents are also required to have more signatures than political parties to merely begin the process of campaigning.

They are also prejudiced by rules, which would have any votes they acquire above a certain threshold allocated to the larger parties.

It is, therefore, to be welcome that some civil society groups are preparing to challenge the law at the Constitutional Court once it comes into force.

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While we are not legal experts, it does strike us as anti-democratic to have such restraints against independents. This will deter possibly brilliant people from throwing their hats into the political ring and deprive the country of people who are driven by the vocation to serve.

We need politicians outside our political parties, which have, across the spectrum, showed that they are prone to greed and petty rivalry … at the expense of the people of South Africa.

Parties also stifle democracy by forcing their representatives to toe the party line, even when it may not be in the best interests of those who voted for it. While our electoral laws definitely need a shake-up, this must be to take us forward, not backwards.

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