The Constitutional Court is being called on yet again, as Parliament has lodged an urgent application requesting that it be granted a further extension of the deadline for the finalisation of the Electoral Amendment Bill until February, 2023.
A parliamentary statement underlined that in June, 2020 the Constitutional Court declared that the Electoral Act, 1998 (Act No 73 of 1998), insofar as it makes it impossible for independent candidates to stand for political office without being members of political parties, was constitutionally invalid.
“The court suspended its ruling for 24 months and gave Parliament until June 10, 2022 to rectify the constitutional defects in the act and make provision for independent candidates to contest elections to the National Assembly and the provincial legislatures,” read the statement.
Parliament further said the Electoral Amendment Bill was introduced to Parliament by the Minister of Home Affairs Dr Aaron Motsoaledi on January 10, 2022 and due to the nature of the bill, the huge interest in it as well as the public participation process embarked on, it became apparent that Parliament would not be able to pass the bill by June 10, 2022.
“Parliament thus approached the Constitutional Court for an extension of the deadline and was granted an extension until December 10, 2022 to pass the bill,” the statement said.
According to Parliament, after exhaustive deliberations and an extensive public participation process, the House passed the bill on October 20, 2022 before sending it to the National Council of Provinces for concurrence.
However, after considering certain concerns raised by various parties and stakeholders, the NCOP in late November, 2022 proposed various amendments to strengthen the bill.
Parliament said the changes proposed by the NCOP, which are substantial and material in nature, also speak to the proper deliberative process followed by Parliament and require further public consultations.
In light of the materiality of the NCOP’s proposed amendments and the fact that they introduce matters on which the public has no opportunity to comment, the National Assembly is obliged to facilitate further public participation.
“The proposed amendments that particularly require further public consultations include the contention that there is a need for broader electoral reform – even broader than merely including independent candidates in the 2024 elections – and concerns that the bill treats independent candidates unfavourably compared to political parties, when it comes to the signatures of support that must be obtained for inclusion on the ballot paper,” said Parliament.
The statement said the practical consequence of these important amendments is that the bill has had to be referred back to the National Assembly for consideration.
According to the Parliament, it will not be possible to pass the bill by December 10, 2022 and it is, therefore, necessary to seek a further extension of the suspension period to February 28, 2023.
This short extension is designed to permit adequate public participation in respect of the proposed amendments, while ensuring that the Electoral Commission has sufficient time to prepare for the 2024 elections.
There is no prejudice to any party should this further extension be granted, the statement said.