Electoral Amendment Bill gets rough ride due to processing delays
THE ELECTORAL COMMISSION of South Africa (IEC) and the Home Affairs Department were yesterday hauled over the coals for delays in bringing the Electoral Laws Amendment Bill for processing by Parliament.
This emerged when the IEC briefed the home affairs portfolio committee on the bill in preparation for the 2019 general elections.
Chief electoral officer Simon Mamabolo said the bill sought to amend the Electoral Commission Act, Electoral Act and the Municipal Electoral Act,
“This bill goes to the heart of preparation for next year’s general elections. There are a number of issues that require refinement,” Mamabolo said.
“A large portion of provisions that are proposed relate to refinements that are necessary to have an orderly electoral process for next year’s general elections,” he said.
The bill had been in the drafting stage for many months, but was introduced in Parliament only this month.
Committee chairperson Hlomane Chauke said: “Now we have to run around like headless chickens. We are not to do that.”
In April, the committee lashed out at the department for taking nine months to notify it about the need to comply with a Constitutional Court judgment, which found sections of the Immigration Act invalid.
IEC commissioner Janet Love said the bill had unfortunately been delayed.
“We would like to look at issues of timing for this bill, because we regard it as important to try and ensure the bill is processed during this session of Parliament,” Love said.
But Chauke interrupted her and asked when the bill had been sent to Cabinet.
The IEC’s chief director for legal services, Deon Erasmus, blamed the delay on further consultations with the department and state law advisers.
Chauke would hear none of that and wanted to know the timelines.
“At the end of the day we need to go to Parliament and we need to tell Parliament what happened when this bill was sent,” Chauke said.
Chauke noted that matters were brought to Parliament in compliance, and the national legislature was then expected to play along. This prompted Erasmus to get the information and give it in writing to the committee.
State law adviser Mongameli Kweta said they had received the bill for certification around the end of September.
Chauke said it was very important there were no short cuts when things were done. “That is why some of these clauses (are) unconstitutional, and were sent back to Parliament. We are found wanting all the time.”
He said Parliament was required to take the bill on public participation and involve the National Council of Provinces.
Chauke feared the NCOP might decide to deal with the bill next year.
“The implication is that it will impact badly on the elections.”