NCOP gives delayed Electoral Bill the nod

THE National Council of Provinces (NCOP) has passed the Electoral Amendment Bill, which will allow independent candidates to stand for election in the National Assembly and provincial legislatures.

The bill was, however, passed with amendments, including one providing for the establishment of an electoral reform consultation panel that must look into the country's electoral system after the 2024 elections.

The bill is a sequel to a Constitutional Court judgment delivered in June 2020, which found that the Electoral Act was unconstitutional because it required candidates who wanted to stand for elections to be members of political parties.

Parliament was given until June 2022 to remedy the defect, but it asked for an extension, which ended on December 10.

The amended bill provides for requirements that must be met by persons who wish to be nominated as independent candidates and provides for objections to independent candidates, among other things.

The bill also provides for the appointment of agents by independent candidates and the return of a deposit to independent candidates in certain circumstances.

National Council of Provinces' Select Committee on Security chairperson, Shahidabibi Shaik, said there was consensus on the bill which proposed amendments to address the disparity between political party candidates and independent candidates.

She said the bill required independent candidates to obtain signatures for their candidature totalling 20% quota for that region in the previous elections when nominated.

Parties registered for elections and not represented will have to produce the same amount of signatures.

Shaik said the bill also provided for the establishment of the electoral reform consultation panel.

“The functions of the panel are to independently investigate, consult on, report on and make non-binding recommendations in respect of potential reforms of the electoral system for the election of the National Assembly and the election of the provincial legislatures, in respect of the elections to be held after the 2024 elections,” reads the bill.

Freedom Front Plus MP Stephanus Du Toit said they acknowledged the participation of independent candidates in the bill.

“We support free and fair elections, where equal playing ground must exist when independent candidates and political parties compete in elections,” Du Toit said.

EFF MP Mbali Dlamini said her party supported the bill as it was consistent with the Constitutional Court judgment.