South Africans can’t wait for electoral reform any longer, MPs told

South Africans are waiting for independent candidates to be granted permission through the Electoral Act, so they can contest general elections, OneSA told the Parliament’s portfolio committee on home affairs on Tuesday.

The organisation made presentations during the committee’s virtual public hearings on the Electoral Amendment Bill. The committee is racing to complete public hearings and set the ball rolling for the amendment of the Electoral Act, to enable independent candidates to take part in the provincial and national polls.

In 2020, the Constitutional Court declared Section 19 of the act unconstitutional for barring independents, and gave Parliament 24 months to change the electoral law.

With the June 2022 deadline approaching, the committee decided to approach the apex court to request an extension. The committee cited the Covid-19 pandemic as one of the impediments to thoroughly conducting public hearings.

ALSO READ: MPs want Electoral Act amendment deadline extended

‘Lekota Bill’

OneSA spokesperson Mudzuli Rakhivhane said what has become known as the “Lekota Bill” or the “People’s Bill”, sponsored by Cope MP Musioua Lekota, should have been incorporated into the public hearings, as it addresses the same issues.

“Bring Lekota bill into this process… many of the constitutional issues in the Electoral Amendment Bill are actually in the People’s Bill. The executive have actually wasted a significant amount of time by drafting a new bill while there was a perfectly workable bill for over a year.

Lekota’s bill proposed the introduction of a constituency-based electoral system, which he said would ensure a voter’s relationship with a member of parliament. He further proposed that elections take place in 52 constituencies using an “open list” proportional representation system.

According to the Cope leader, this would ensure accountability from representatives.

However, the committee dropped his bill last month saying it was “unsuitable”, as it proposed “broad, wide-ranging changes” that could not be passed and implemented before the 2024 general elections.

ALSO READ: Constitutional Court rules Electoral Act unconstitutional

The current electoral system, said Rakhivhane, was meant to be transitional and not prescribed for long term use.

“A number of commissions over the past years called for electoral reform and proposed alternative systems. It is disheartening that after moving at a snail’s pace for 18 months, the committee has approached the Constitutional Court for deadline extension with not much to show for time passed.

“Its our sincere hope that this application for extension is not merely a time delaying tactic to prevent these electoral reforms from being implemented by the 2024 elections.”

A defiant Lekota told the committee that he won’t withdraw his bill until it is openly debated and included the public’s participation.

“We are entitled to have a full and proper time on the bill. Also, we haven’t been given an open space to debate sufficiently with the people on the judgement. I am not withdrawing the bill, because unless its discussed and citizens are given an opportunity to debate, it just can’t be discarded out of Parliament.”

He said he would support those who may decide to revert to the apex court seeking an order for Parliament to open a public debate on his bill.

‘No short cuts’

Committee chairperson Mosa Chabane assured everyone that their inputs would be considered.

“I want to assure you all that all of us here and Parliament has read the Constitutional Court judgment. We do not take your presentations lightly.

“Yourselves are here to enhance the discourse for a greater democracy, we need to involve all members of public to solicit all manner of views. We would never take short cuts on this, lest we do not comply with the highest court in the land.”

Rakhivhane said “We cannot afford to move at a snail’s pace anymore, we need to pick up the pace. South Africans know that this electoral system is more than ripe for change. We must move from a snail’s pace to speed rail. This is what the people of South Africa deserve.”

The public hearings continue on Wednesday.

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