If Parliament passes the Electoral Amendment Bill in its current form, it runs the risk of the draft amendment being challenged in court. This is according to civil society groups that vowed to reject the Bill if their proposed changes are not considered.
The group of more than 50 organisations called for a mixed constituency and proportional representative electoral system. They handed over a joint statement opposing the Bill to an official from Parliament’s Home Affairs Committee.
The organisations are demanding an electoral system that allows independent candidates at national and provincial level to contest on equal footing with those representing political parties. Parliament has a December deadline to finalise the Electoral Amendment Act.
The Organisation Undoing Tax Abuse, the Council for the Advancement of the South African Constitution, MyVote Counts, and Independent Candidate Association South Africa are some of the organisations opposing the Bill.
Founder of the Independent Candidates Association SA, Michael Louis says the Bill in its current form is flawed.
“The indaba concluded that the Bill stands as totally flawed. Number three, the fundamental problem with our current system is that Members of Parliament are not chosen directly by the people. We want a system that will allow the electorate to directly elect their representatives and to be able to hold them accountable for the decision they make and the oversight they conduct. Those who represent us in Parliament, in the provincial Parliaments, in local legislatures, should be directly answerable to the people and their constituencies,” says Louis.
Louis says one of the factors lacking in this process is broader consultation by different stakeholders.
“Civil society represented at our indaba, we are of the view that Parliament and the committee in particular must reshape the electoral system in the interest of the public through electoral reform that is credible, fair, and inclusive and that promote greater accountability.”
Mudzuli Rakhivhane from the organisation One South Africa says they want the changes in the Act to accommodate the youth.
“Part of what we believe this electoral reform is to do is to not only allow young people to contest elections but to see young people to actually re-engaging in a democratic process through voting because they actually see quality leadership and they see leadership that looks like them, that understand them and that actually want to represent them. So this is for young people. Thank you for engaging in a matter of few days seven thousand signatures and we look forward for those young people voting and also participating in these elections as candidates, as independent candidates in 2024,” says Rakhivhane.
Gideon Joubert from Dear SA explains why they joined organisations opposing the Bill.
“It is extra ordinarily important for our constitutional process that public participation in our proposed new legislation or amendments are taken seriously and that the process is dealt with in a transparent manner by Parliament. And that the required civic education pertaining the contents of the proposal is performed in order to ensure that people can make informed comments regarding the way forward with legislation like this,” Joubert says.
VIDEO: My Vote Counts weighs in on the Electoral Amendment Bill: Letlhogonolo Letshele
