President Cyril Ramaphosa has signed the Electoral Amendment Bill of 2022 into law. The Bill amends the Electoral Act of 1992 (Act No. 73 of 1998) and gives effect to the Constitutional Court judgment delivered on 11 June 2020 in the case of *New Nation Movement NPC & others v President of the Republic of South Africa & others*. That judgment declared the 1998 Electoral Act unconstitutional because it required that election to the National Assembly and provincial legislatures be achieved only through membership of political parties.
The amended Act now allows independent candidates to be nominated and to contest elections for the National Assembly and provincial legislatures. Key provisions include: the requirements for persons wishing to be nominated as independent candidates; inspection of lists of independent candidates and accompanying documents; procedures for objections to independent candidates; the inclusion of a list of independent candidates entitled to contest elections; the requirement for independent candidates to appoint agents; and the obligation for them to abide by the Electoral Code of Conduct. The Bill also introduces a revised formula for the allocation and re‑allocation of seats in the event of vacancies, and it mandates that the Minister of Home Affairs establish an Electoral Reform Consultation Panel within four months of gazetting the amendments.
The Consultation Panel will conduct independent investigations and consultations and will make non‑binding recommendations on possible reforms to the electoral system for future National Assembly and provincial legislature elections after the 2024 polls. President Ramaphosa described the Electoral Amendment Bill as “a significant milestone in the evolution of our democracy by expanding electoral participation and widening the pool of leadership choice for the National Assembly and provincial legislatures.” He added that the Bill represents a development that will enrich and sustain South Africa’s growing constitutional democracy.
The Bill underwent extensive public consultations, leading Parliament to request two deadline extensions from the Constitutional Court. Consequently, the final deadline for Parliament to pass the Bill was 28 February 2023. President Ramaphosa is satisfied that the processes leading to the Bill’s passage complied with all legislative procedures envisaged by the Constitution and that its substance will withstand constitutional scrutiny.
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