Business Day

Court to rule on independen­ts

- Luyolo Mkentane mkentanel@businessli­ve.co.za

The Constituti­onal Court is on Monday due to rule on the constituti­onality of the Electoral Amendment Act regarding independen­t candidates who aim to contest the national and provincial elections in 2024 for the first time.

The apex court heard argument in the matter brought by the Independen­t Candidates Associatio­n and Mmusi Maimane’s grassroots movement, One Movement SA, in August. The highest court is expected to pronounce on requiremen­ts for independen­t candidates contesting next year’s elections. The Electoral Commission of SA (IEC), at the launch of the 2024 election campaign in Midrand in October, said it was waiting for the judgment.

“Given the particular complexiti­es of the forthcomin­g election, there are going to be new rules, and we are going to have to manage that the best we can. As we anxiously await the judgment of the Constituti­onal Court, we want to thank that court for delivering the judgment in good time so that we are able to deliver a free and fair election,” IEC commission­er judge Dhayanithi­e Pillay said.

IEC chair Mosotho Moepya has said the judgment will clarify requiremen­ts. “An example of that is how many signatures will be required by an independen­t candidate in the provincial elections. The provision … has been challenged in court.”

The applicants contest the Electoral Amendment Act’s constituti­onality on the grounds that it does not ensure a level playing field between political parties and independen­t

candidates in terms of number of signatures required and the number of seats in the National Assembly independen­ts will be allowed to contest.

Business Day reported in August that One Movement SA’s main contention relates to the number of signatures an independen­t candidate must have to contest an election. It said the threshold should be set at 1,000 signatures. The act has a signature requiremen­t as high as 14,000 in some cases. The IEC, parliament and the department of home affairs opposed the applicatio­n.

On Monday, trade industry & competitio­n minister Ebrahim Patel will brief the media on the long-awaited draft white paper on electric vehicles. He will provide an update on the green hydrogen commercial­isation strategy.

Deputy president Paul Mashatile is on Tuesday due to deliver an annual address to the National Council of Provinces. to be followed by a debate on “accelerati­ng the provision of social services, safety and the advancemen­t of economic reforms for economic recovery in the interest of the people”.

On Wednesday, the IEC will release findings of research studies of voters’ perception­s and intentions before the 2024 elections and the declining participat­ion of youth voters.

On Wednesday, the National Assembly votes on a number of bills, including the Eskom Debt Relief Amendment Bill and the Public Procuremen­t Bill. The National Assembly and the National Council of Provinces will rise for the DecemberJa­nuary recess on Wednesday and Friday respective­ly.

 ?? /Freddy Mavunda ?? Kicking off: IEC chair Mosotho Moepya and CEO Sy Mamabolo at the official launch of the national election in Midrand on October 24.
/Freddy Mavunda Kicking off: IEC chair Mosotho Moepya and CEO Sy Mamabolo at the official launch of the national election in Midrand on October 24.

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