03 March 2022

Tracking the Electoral Reform Legislation in Parliament

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Parliament is currently working with the Department of Home Affairs to reform legislation that will allow independent candidates to contest national and provincial elections.

This comes after the June 11 2020 Constitutional Court decision that "declared the Electoral Act 73 of 1998 unconstitutional to the extent that it requires that adult citizens may only be elected to the National Assembly (NA) and Provincial Legislatures (PLs) only through their membership of political parties."

Further, the Constitutional Court directed Parliament to rectify the defective sections of the Electoral law within a period of 24 months; that is from June 2020 to June 2022. 

In response to the Constitutional Court judgement, the Minister of Home Affairs established a Ministerial Advisory Committee (MAC) to explore a variety of options and hear from a range of stakeholders. Cabinet considered and approved the submission of the Report of the Ministerial Advisory Committee on Electoral System Reform to Parliament on 24 November 2021. 

The Electoral Amendment Bill (B1-2022) was introduced in Parliament on 10 January 2022. You can track the bill's processing here

On 15 February, the Portfolio Committee on Home Affairs released its legislative programme for the Electoral Amendment Bill. You can find it here. From 7 to 23 March, the Committee is scheduled to hold provincial public hearings on the Bill. Find programme here

On 26 April, Parliament filed papers with the Constitutional Court requesting a six month extension of the deadline for the finalisation of the amendment of the Electoral Act. The extension was granted on 10 June and the new deadline is 10 December 2022. 

On 1 September, the National Assembly granted the Portfolio Committee on Home Affairs permission to extend the scope of the Electoral Amendment Bill.

 

Sample of the written submissions sent to Parliament: 

  1. OUTA
  2. COSATU
  3. Gauteng Provincial Legislature
  4. FW De Klerk Foundation
  5. New Nation Movement
  6. One South Africa Movement
  7. Dear SA
  8. Afriforum
  9. Institute of Race Relations
  10. Helen Suzman Foundation

 

Media Statement: Home Affairs Committee to Start with Virtual Public Hearings on the Electoral Amendment Bill (27 Feb 2022 2:25pm)

Limpopo Public Hearings

09 March 2022: see video 

08 March 2022: see video | Media Statement 

07 March 2022: see video | Media Statement 

KwaZulu-Natal Public Hearings 

09 March 2022: see video | Media Statement 

08 March 2022: see video | Media Statement | Media Statement 

07 March 2022: see video | Media Statement 

Northern Cape Public Hearings 

12 March 2022: see video | Media Statement  | Media Statement 

11 March 2022: see video

10 March 2022: see video 

Mpumalanga Public Hearings 

12 March 2022: see video | Media Statement 

11 March 2022: see video

10 March 2022: see video | Media Statement 

Gauteng Public Hearings 

16 March 2022: see video | Media Statement

15 March 2022: see video | Media Statement | Media Statement 

14 March 2022: see video

Free State Public Hearings 

16 March 2022: see video | Media Satement 

15 March 2022: see video | Media Statement 

14 March 2022: see video | Media Statement 

Eastern Cape 

19 March 2022: see video | Media Statement 

18 March 2022: see video | Media Statement | Media Statement 

17 March 2022: see video

North West

19 March 2022: see video

18 March 2022: see video

17 March 2022: see video | Media Statement 

Western Cape

23 March 2022: see video 1 | see video 2 | Media Statement 

22 March 2022: see video | Media Statement

 

Media Release: Parliament Requests Extension of Electoral Act Amendment Deadline (27 Apr 2022 12:30pm)

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People's Assembly

"That week in Parliament" is a series of blog posts in which the important Parliamentary events of the week are discussed.

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