New Electoral Act likely to be tested in court

Ramaphosa signed the Electoral Amendment Bill on Monday 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 constitutionally invalid due to the fact that it prevents independent candidates to stand for political office, in a case was brought by the New Nation 

Outa's Rachel Fischer believes the Act affects the fairness, transparency and accountability of the electoral system.

“The concerns Outa has raised could have significant implications for the outcome of elections and representation in legislatures for citizens.

“Barriers remain for independent candidates who would like to run for Parliament. For instance,  independents require signatures equal to 15% of the quota of votes required for a seat in the previous elections in order to qualify for election, which is roughly 6000 signatures.”

Fischer says the concerns are most likely be taken up by the Electoral Reform Consultation Panel, which must established within four months of the amendments being gazetted.

“Outa strongly emphasises that the panel must consist of individuals who are unbiased and have expertise in this field, and it is also important that civil society organisations are represented on the panel, due to the impact this amended Act will have on citizens.

“The Electoral Reform Consultation Panel and the Electoral Commission have a lot of work to do to ensure constitutional, free and fair elections in 2024." 

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