DA ready to fight over bill

Party will go to ConCourt if president ignores amendments petition

THE DA is gearing for a fight over the Electoral Laws Amendment Bill sent to President Cyril Ramaphosa for assent.

The party would not rule out taking the bill to the Constitutional Court should Ramaphosa not heed their petition.

Their move comes after the National Council of Provinces (NCOP) passed the bill last Thursday, and did not consider two amendments sponsored by the official opposition.

The DA wanted the bill to provide powers for the Independent Electoral Commission to increase the number of voting venues abroad, which would allow South Africans abroad to vote at any suitable venue. The bill, however, limits the voting stations available to the South African diaspora to embassies, high commissions or consulates.

The party also wanted either an ID or passport as a form of identification to be produced, instead of both, as the bill currently provides.

These proposals had formed part of a private member’s bill introduced to the National Assembly by DA MP Mike Waters, which was rejected by the Home Affairs portfolio committee.

Yesterday, DA leader in the NCOP Cathy Labuschagne said the requirements contained in the bill placed an undue burden on South Africans abroad and would limit their ability to exercise their Constitutional right to vote.

She took a swipe at NCOP chairperson Thandi Modise, who ruled against the consideration of the DA’s proposed amendments since they did not pertain to the amendments in the bill.

“Modise’s narrow interpretation of the Rules of Procedure in the NCOP was not only disingenuous but procedurally incorrect. Her finding will now place an undue burden on millions of South Africans living abroad, making voting inaccessible to those who live far from South African embassies, high commissions or consulates or do not have two valid forms of identification with them,” she said.

Labuschagne said her party was now busy with a petition to be sent to Ramaphosa to reconsider remitting the bill back to Parliament.

Asked what the DA’s next step would be if Ramaphosa rejected their petition, Labuschagne said the party leadership would take a decision either to go to court or accept the bill as it stood.

“At this stage we have not taken a decision,” she said.

In a subsequent text message, Labuschagne said: “I think it is important to note that if the petition to the president is not successful the next step could be the Constitutional Court.”

She was adamant that her party would not give up the fight.

The bill provides for voters to cast their votes even if their addresses are not on the voters’ roll yet.

It will also make it illegal for public funds to be used for political campaigning – other than the public funds allocated to a party in terms of the Public Funding of Represented Political Parties Act.

The bill also provides for notification of interested parties where a candidate has been nominated in more than one party.

It provides for “exclusive” jurisdiction of the Electoral Court to adjudicate intra-party leadership that has an impact on the IEC’s preparation for the election.

The bill also provides for electronic submission of candidate nomination documents.