By Lehlohonolo Lehana.
The Independent Electoral Commission (IEC) has called on South Africans to make their voices heard on new regulations supporting the Electoral Amendment Act.
This is a follow-up to the promulgation of the Electoral Amendment Act.
The Act created a new framework for the participation of independent candidates in national and provincial elections.
The commission published six supporting regulations, including an amendment to procedures for South Africans who will vote outside the country, a change in online registrations, and what will be permissible around voting stations.
Changes to the regulations for the registration of political parties, including online registration and amendments regarding deposits for political parties and independent parties, are also at issue.
The public has until 27 August to comment.
The largest change in the Electoral Amendment Bill – signed into law by President Cyril Ramaphosa in June 2023 – allowed independent candidates to run for positions in the National Assembly and provincial legislature.
This followed a court case that said it was unconstitutional to bar people not aligned with a political party from running for National Assembly and provincial legislatures.
Other amendments in the bill included:
- The requirements which must be met by persons who wish to be nominated as independent candidates;
- The inspection of copies of lists of independent candidates and accompanying documents;
- Provision for objections to independent candidates;
- The inclusion of a list of independent candidates entitled to contest elections;
- Requirement for the appointment of agents by independent candidates;
- Obligation for independent candidates to abide by the Electoral Code of Conduct;
- A revised formula for the allocation of seats and their re-allocation in the event of vacated seats; and
- Stipulation for the Minister to establish the Electoral Reform Consultation Panel.
The IEC has now released a series of draft regulations for public comment, which it says is a sequel to the promulgation of the Electoral Amendment Act.
To comment on the commission’s proposals in the six drafts, visit: deposits@elections.org.za
Currently, political parties are required to pay R200,000 to participate in all elections and the proposed amount is R300,000. However, if a political party participates in the national elections and at least one regional election, the proposed fee is R200,000 plus R25,000 per regional election.
If a political party wishes to participate in a provincial legislature election, the fee remains R45,000 per legislature election.
Two new tiers have been introduced for independent candidates.
An independent candidate wishing to participate in a National Assembly election will have to fork out a deposit of R20,000 per regional election while at provincial level, the amount is R15,000 for a legislature in a province in which the independent candidate is registered.
This is the commission’s first adjustment figures for political parties since 2014.
The government gazettes on the six amendments to regulations and proposed election deposits can be found on www.elections.org.za