By Lehlohonolo Lehana.
Electoral Commission of South Africa (IEC) says the new Electoral law provides the necessary legal certainty required to prepare for the upcoming general Elections.
President Cyril Ramaphosa signed the Electoral Amendment Bill into law on Monday.
The bill will allow independent candidates to stand in provincial and national elections in 2024 after it was passed by both houses of Parliament in February this year.
It follows the historic Constitutional Court ruling that found that the Electoral Act was unconstitutional, as it did not allow independent candidates to contest elections at provincial and national level.
The New Nation Movement that initially took the matter to the Constitutional Court, is not ruling out a new legal challenge.
The IEC said any legal challenges to a new law that will allow independent candidates to stand in the 2024 national and provincial elections could imperil the quality of the polls.
Chief electoral officer Sy Mamabolo said those who planned to challenge the law should be aware that it would impact the quality of the elections.
“There’s no doubt that if a challenge were to eventuate it would extend the period of uncertainty, but that does not mean it creates an inertia in terms of the work that we do. We will surge ahead and prepare on the basis of the law as it stands.”
The IEC could not immediately indicate whether it would oppose a court challenge to the new law.
“The electoral commission will consider the papers and make a decision at that point, “said Mamabolo.
The Commission will now have to rewrite the Candidate Nomination System to facilitate the participation of independent candidates and unrepresented political parties.
They also have to redevelop their results system for the recording of votes cast in favour of independent candidates and translating votes into seats where the relevant threshold is met.
IEC Chairperson, Mosotho Moepya said independent candidates can participate in elections under certain conditions.
“One, an independent candidate may be nominated to contest in one or more regions but may only be elected to one seat in the National Assembly; Two, an independent candidate may only be nominated to stand in a provincial legislature in a province in which they are registered; Three, an independent candidate may only be a member of either the National Assembly or a provincial legislature.”
“In relation to the election of the National Assembly, the names must equal 15% of the number of votes required to obtain a seat for that region in the preceding election if contesting only one region, 15% of the highest of the quotas in the preceding election if intending to contest in more than one region.
“Where the 15% of the highest of quotas is not achieved, that independent candidate may only contest in the region or regions as determined by the next highest quota met. In relation to a provincial legislature, 15% of the votes required to obtain a seat in the preceding election, in respect of that province.”
Moepya says independent candidates must pay a prescribed deposit which may be different from those paid by political parties.
“Candidates must undertake to be bound by the Electoral Code of Conduct, candidates must sign a declaration that they are not disqualified in terms of the Constitution, in respect of provincial elections, candidates must sign a declaration that they are registered in that province.”
Moepya says the amended Act provides for an additional ballot paper in the election of the National Assembly thereby offering voters a non-binary choice of either a party or independent.
Watch Live in the video below:
Video Courtesy of SABC.