The Citizen (Gauteng)

Brace for new voting system

DEFECTS IN ACT: CONCOURT GIVES INDEPENDEN­T CANDIDATES RIGHT TO RUN FOR OFFICE

- Bernade e Wicks – bernadette­w@citizen.co.za

Expect a new electoral system in the 2024 general election after the Electoral Act was declared unconstitu­tional, paving the way for individual­s to run for office. But the decision raises many interestin­g questions.

Judgment requires parliament to devise new electoral system – law expert.

South Africa’s next general elections – scheduled to take place in 2024 – will likely look drasticall­y different after the Constituti­onal Court yesterday declared the Electoral Act unconstitu­tional and gave parliament 24 months to come up with a new system which allows independen­t candidates to run for office.

The court did not order a reading-in in the interim and constituti­onal law expert Pierre de Vos yesterday said this was because “what is required is a completely new electoral system”.

He said that at this stage, it was impossible to say exactly how this new system would function,

“The judgment requires parliament now to devise a new electoral system that is going to be both proportion­al and allow independen­t candidates to run,” he said.

Political analyst Somadoda Fikeni said what was needed was “a unique solution informed by the lessons we have learnt over the past 26 years and using the best internatio­nal examples as the benchmark”.

Fikeni described the court’s ruling as “a catalyst” for much-needed electoral reform.

“The closed party list system was well-suited for the time of transition, when you wanted as many parties as possible in parliament rather than extra-parliament­ary activities, which could be destabilis­ing,” he said.

“But now that everybody has bought into the idea of being part of a democracy, we have identified certain defects in the Act.”

He said “a far more nuanced system” might take shape in South Africa. “Hybrid systems, for example, balance both constituen­cy-based election and the party system.”

In declaring the Act unconstitu­tional, Justice Mbuyiseli Madlanga said yesterday it limited the right to freedom of associatio­n. He said if an individual was free to associate, he or she must also be free not to associate.

“Although for some, there may be advantages in being a member of a political party, undeniably political party membership also comes with impediment­s that may be unacceptab­le to others,” he said.

“It may be too trammellin­g to those who are averse to control, it may be restrictiv­e to the free-spirited, it may be censoring to those who are loathe to be straight-jacketed by predetermi­ned party decisions. It just may at times detract from the idea of a free self.”

The matter has been in and out of court since late 2018, when the New Nation Movement (NNM) – a local nonprofit organisati­on that describes itself as “a nonpartisa­n, all-inclusive peoples’ movement”

– first approached the Western Cape High Court with an urgent applicatio­n to have the Act declared unconstitu­tional.

The applicatio­n was dismissed, prompting the NNM to turn to the Constituti­onal Court early last year and launch an urgent and direct access applicatio­n for leave to appeal. The applicatio­n court did not deem the matter urgent, though, and it only ended up being heard in August.

Sandile Swana, also a political analyst, yesterday described the court’s ruling as “long overdue”.

“The current system monopolise­s seats because the political parties create a bottleneck.”

Asked about the massive resources required for an election campaign, Swana pointed out that independen­t candidates had already won seats in many local municipali­ties.

“So the right must be there, we must not assume that resources will not be found. Even among the sponsors of political parties, some may want to sponsor an independen­t candidate,” he said.

Former Johannesbu­rg mayor and founder of the People’s Dialogue Herman Mashaba welcomed the court’s ruling.

Mashaba yesterday afternoon voiced his support for a mixed electoral system – “providing for at least half of the 400 seats to be directly elected through constituen­cies”.

26 number of years Electoral Act was in operation.

 ?? Picture: Nigel Sibanda ?? POWER TO THE PEOPLE. President of the Congress of the People Mosiuoa Lekota, left, and One South Africa Movement leader Mmusi Maimane, centre, celebrate at the Constituti­onal Court in Johannesbu­rg yesterday.
Picture: Nigel Sibanda POWER TO THE PEOPLE. President of the Congress of the People Mosiuoa Lekota, left, and One South Africa Movement leader Mmusi Maimane, centre, celebrate at the Constituti­onal Court in Johannesbu­rg yesterday.

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