ConCourt to deliver Electoral Amendment Act judgement on Monday

President Cyril Ramaphosa signed the Electoral Amendment Act into law in April this year to allow independent candidates to stand in provincial and national elections in 2024.

This was in response to a ruling in June 2020 by the Constitutional Court which found the Electoral Act to be unconstitutional as it prevents independent candidates from standing for political office.

The new Act will allow independent candidates to stand in provincial and national elections in 2024 while also creating a new framework for the participation of independent candidates.

However, civil organization Build One South Africa (BOSA) and the Independent Candidates Association approached the Constitutional Court earlier this year, arguing that the Act was unconstitutional as it unfairly restricted the participation of independent candidates in the elections and their representation in the National Assembly, compared to political party candidates.

The matter was heard in the Constitutional Court, with Parliament and Minister of Home Affairs Aaron Motsoaledi filing opposing arguments.

The Independent Electoral Commission (IEC) can only finalise its preparations for the elections once the judgment has been delivered.

Judges Matter spokesperson Mbekezeli Benjamin explains the importance of the judgement.

"The judgement involves a big question around the role of independent candidates and what kind of electoral system should be used in calculating the vote for both independent candidates and political parties.

So there are big questions in the judgement," says Benjamin.

Meanwhile, Civil Society Organizations including BOSA were concerned that the delay in delivering the judgement would affect independent candidates, while also giving the ANC more days in power.

"A delay in this election is set up to wholly suit the ANC. It is fact the party is nowhere near ready to contest an election. Its branches are in disarray, it has no money in the bank, and it failed to launch a single registration poster this past registration weekend.

“Add this to persistent loadshedding, and the conditions are ripe for defeat at the polls. South Africans are ready for change and we should do everything in our power to facilitate an election that is free and fair and timed in a manner that is in the best interests of South Africa," says BOSA's head of candidates Mudzuli Rakhivhane.

Additional issues also include online registration and amendments regarding deposits for political parties and independent parties.

ALSO READ