ATC210224: Report of the Select Committee on Security and Justice on the Electoral Laws Amendment Bill [B 22B – 2020] (National Assembly – sec 75), dated 24February 2021

NCOP Security and Justice

Report of the Select Committee on Security and Justice on the Electoral Laws Amendment Bill [B 22B – 2020] (National Assembly – sec 75), dated 24February 2021:

The Select Committee on Security and Justice, having deliberated on and considered the subject of the Electoral Laws Amendment Bill [B 22B – 2020] (National Assembly – sec 75), referred to it on 3 December 2020 and classified by the JTM as a section 75 Bill, reports that it has agreed to the Bill with proposed amendments (see Annexure A) and reports as follows:

 

  1. Background

 

  1. The Electoral Laws Amendment Bill, 2020 (the Bill), aims to amend:

TheElectoral Commission Act, 1996, so as to insert certain definitions; to streamline the provisions for the registration of political parties; to provide for the registration of parties in respect of particular provinces, district and metropolitan municipalities and to repeal provisions relating to registration of parties in respect of particular local municipalities; to repeal obsolete provisions.

The Electoral Act, 1998, so as to insert certain definitions; to delete the provisions regarding public access to the voters’ roll; to update references to repealed legislation; to amend provisions allowing voters to vote in a voting district where they are not registered; to amend provisions relating to the submission of lists of candidates; to amend provisions relating to special votes in elections for the National Assembly; to amend provisions relating to the procedure concerning provisional results and voting materials; to provide for the limited applicability of the Code; to amend Schedule 3.

Local Government: Municipal Electoral Act, 2000, so as to insert and delete certain definitions; to amend the requirements for parties contesting elections by way of party lists and for a ward candidate to contest elections; to authorise the Commission to prescribe a different voting procedure for those voters whose names appear on the voters’ roll, without addresses; to amend provisions relating to the effect of certain irregularities, and to provide for matters connected therewith

 

  1. The main objectives of the Bill are to:

•   enhance the existing legislative mechanisms that ensure free and fair elections, in accordance with the Constitution of the Republic of South Africa, 1996;

•   provide legislative authorization for innovations in electoral practices in keeping with best practice to improve the Commission’s efficiency in managing elections; and

•   align the Electoral Act with the provisions of   the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) regarding the protection of the personal information of voters.

 

  1. Public participation process and Committee deliberations on the Electoral Laws Amendment Bill [B 22B – 2020] (National Assembly – sec 75)

The Electoral Laws Amendment Bill [B 22B – 2020] was referred by the National Council of Provinces to the Select Committee on Security and Justice on 03 December 2020 for consideration and report.

On 08 December 2020, the Independent Electoral Commission of South Africa briefed the Committee on the Bill.

The Bill was advertised in all 11 official languages in both National and Regional newspapers from 14 January to 29 January 2021.In response to the call for public comments, the Committee received 1 550 individual submissions via the Dear South Africa website and 5submissions from other stakeholders.  The main issues that were raised was concerning clauses 8, 9, 13, 14, and 20 of the Bill.

 

  1. The list of the stakeholders that made the submissions were as follows:
  • Patriotic Movement SA;
  • City of Cape Town Metropolitan Municipality;
  • AmaBhungane Center for Investigative Journalism;
  • 70s Group;
  • Mr. Wolhuter; and
  • 1550 individual submissions via the Dear South Africa website.

 

2.2 Committee Deliberations

On 17 February 2021, the IEC responded to the summary of submissions, having received advice from the Information Regulator of South Africa to ensure that the Bill was in line with the provisions of   the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) regarding the protection of the personal information of voters. The IEC tabled proposed amendments on the Bill. The Committee agreed to the proposed amendments emanating from the written submissions.

On 24 February 2021, the Committee further deliberated and considered the proposed amendments on the Bill and after clause by clause deliberations were conducted, the Bill was finalised.

 

  1. Consensus on the Bill

The Select Committee considered the proposed amended clauses as presented by the Parliamentary Legal Advisor with the Department confirming its agreement with the proposed amendments.

The Chairperson put the Bill for consideration: The Bill was supported by the majority of members with the Democratic Alliance not in support. The Inkatha Freedom Party member abstained from voting.

The Democratic Alliance requested that it be noted in the report that they have a dissenting view on the Bill.

 

  1. Recommendation

The Select Committee on Security and Justice, having considered the Electoral Laws Amendment Bill [B 22B – 2020] (National Assembly – sec 75), referred to it and classified by the JTM as a section 75 Bill, reports the Bill, namely the Electoral Laws Amendment Bill [B 22B – 2020] (National Assembly – sec 75) with the proposed amendments for the Council’s consideration. 

 

Report to be considered.

 

 

 

ANNEXURE A

 

Electoral Laws Amendment Bill [B 22B—2020]

 

8. Section 16 of the Electoral Act, 1998 (Act No. 73 of 1998), is hereby amended—

 

(a) by the substitution for subsection (2) of the following subsection:

 “(2) The chief electoral officer must provide a certified copy of, or extract from, a segment of the voters’ roll as it exists at that time, to any person who has paid the prescribed fee[.], if the chief electoral officer is satisfied that—

(a) the person requires that information—

(i) to monitor the voters’ roll for election purposes;

(ii) for statistical or research purposes; or

(iii) any other purpose that is prescribed; and

(b) providing that information would not involve the unlawful processing of personal information in terms of the Protection of Personal Information Act, 2013 (Act No. 4 of 2013).”;

 

(b) by the insertion after subsection (2) of the following subsection:

 “(2A) Any person who uses the information obtained under subsection (2), for a purpose other than that specified in that subsection is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding one year or to both a fine and such imprisonment.”

 

(c) by the substitution for subsection (3) of the following subsection:

 “(3) Notwithstanding subsection (2), the chief electoral officer must, on payment of the prescribed fee, provide copies of the voters’ roll, or a segment thereof, which includes the addresses of voters, where such addresses are available, to [all]a registered [political parties]partyand an independent candidate contesting the elections.”

 

(d) by the substitution for subsection (4) of the following subsection:

 “(4) [The voters’ roll with addresses referred to in]The information obtained in terms of subsection (3) may only be used by [political parties]a registered party and an independent candidate for election purposes and [anyone] any person using such information for other purposes is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding one year or to both a fine and such  imprisonment.”

 

(e) by the insertion after subsection (4) of the following subsection:

 “(5) For the purposes of subsection (2) and (3), the chief electoral officer may only provide the digits of the identity numbers of voters, which indicate the voters’ date of birth and citizenship, except where the person who requires the information satisfies the chief electoral officer that−

(a) exceptional circumstances require that additional digits of the voters’ identity number be disclosed; and

(b) providing that information would not involve the unlawful processing of personal information in terms of the Protection of Personal Information Act, 2013 (Act No. 4 of 2013).”

 

20.        Section 47 of the Local Government: Municipal Electoral Act, 2000, is hereby amended by the insertion after subsection (6) of the following subsections:

 

‘‘(7) The Commission may prescribe a different voting procedure, which must accord with the provisions of this section, for those voters whose names appear on the voters’ roll, without addresses: Provided that if such voter’s place of ordinary residence is located outside the relevant—

(a) ward on whose segment of the voters’ roll that voter’s name appears, the voter concerned may not vote in the ward election contemplated in section 22(1)(b) of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);

(b) local or metropolitan municipality on whose segment of the voters’ roll that voter’s name appears, the voter concerned may not vote in the election contemplated in section 22(1)(a) or the ward election contemplated in section 22(1)(b) of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);

(c) district municipality on whose segment of the voters’ roll that voter’s name appears, the voter concerned may not vote in the election for members of the district council contemplated in section 23(1)(a) of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998).’’

 

 

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