By Lehlohonolo Lehana.
Build One South Africa (Bosa) leader Mmusi Maimane announced a legal challenge against the Electoral Amendment Act that would allow independent candidates to stand in next year’s provincial and national elections.
President Cyril Ramaphosa signed the Electoral Amendment bill into law on Monday.
In June 2020, the Constitutional Court found the Electoral Act to be constitutionally invalid due to the fact that it prevents independent candidates to stand for political office.
Maimane said they will be joining other civil society groups to apply for direct access to the Constitutional Court next month.
“This bill favours national political parties, and it moves away that they be in charge rather than ultimately people being in charge by voting and holding those people to account. The bill means that after the votes are counted the proportional aspect of the votes only benefits the political parties not the communities that vote for them.
“The issues of citizens that the bill was designed to address as directed by the Constitutional Court are not being sufficiently directed and therefore it is important that we go back to the constitutional court to get clarity that this bill complies with the constitution and gives power back to the people.”
Maimane believes the bill was rushed and there was not enough public participation.
Independent candidates will only be allowed to contest for half of Parliament’s 400 seats.
“What Ramaphosa has done, is that he has set up an Electoral Act that not only makes it impossible to achieve what Judge [Mbuyiseli] Madlanga wants to but, more than anything, means it’s just malicious compliance.”
Also at issue is that votes surplus to the number required for a single seat will be lost to another nominated individual, and instead be divided among political parties.
“Again, we are taking power away from the people, and leaving it with political parties. We are simply saying the parties can dictate to people who their candidates are.”