Slow electoral law process could impact announcement of election date

While the Electoral Laws Amendment Bill was passed into law in April, the sticking points challenged in the Constitutional Court (ConCourt) could see the process delayed even further.

State law advisors are working on fine-tuning the legislation, which should include assertive demands from civil society, some of whom resorted to the ConCourt to give direction on what must happen.

The outstanding issues, or what is termed “consequential amendments”, being attended to were the actual number of signatures that an independent candidate and the new parties must have to qualify to register, and the seat allocation calculations for the National Assembly.

They were dubbed “consequential amendments” because they arose as challenges from the Act passed in April. But the slow process could impact the announcement of the 2024 election date.

Election supposed to be in May 2024

This unless President Cyril Ramaphosa, extraordinarily decided to put the cart before the horse and proclaim the election date before the Bill was finalised.

But that would be odd and could definitely throw a shroud of uncertainty over the whole legislative process.

The government still needed a legal opinion as to whether the legislation must be in force before the election is proclaimed.

The elections are supposed to be held in May 2024, failing which they should be organised within 90 days after the expiry date of the current term of parliament.

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However, there is hope the process could be saved, fast-tracked and the legislation made ready for the president’s endorsement, probably in February next year.

Some expected parliament to bulldoze the legislation with the new changes in the chamber in a sitting next month, including organising rushed public inputs.

But some fear the process could take longer than the optimism expressed by Home Affairs Minister Dr Aaron Motsoaledi, who is hoping for the Bill to be finalised before the end of the year.

Motsoaledi is expected to request that Cabinet to allow him to introduce it for approval next month, after which it will be tabled in parliament.

No timeline set

However, there is no timeline set but concerns about whether the legislation needed to be passed before the election date are proclaimed, were not answered by the department.

Also civil society voiced concerns about the state of affairs.

“I’d be surprised if this Bill can be approved before early April,” a civil society member said.

They said if Motsoaledi introduced the Bill in early December, public submissions could be made by the end of January.

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Civil society expected the legislation to be passed by the end of February, before it is referred back to the National Assembly by March, with the president signing it in April.

“They need a legal opinion as to whether it must be in force before the election is proclaimed,” the civil society member said.