Sunday Times

Civil society calls for ‘sunset clause’ in electoral bill

- By THABO MOKONE

● The controvers­ial Electoral Bill passed by the National Assembly this week should be valid for the 2024 general elections only, and there should a national convention to find a lasting solution beyond that period.

This is what the civil society body, the Council for the Advancemen­t of the South African Constituti­on (Casac), is going to argue when the National Council of Provinces conducts public hearings on the bill for its concurrenc­e after it was passed by the National Assembly on Thursday.

The contentiou­s bill was passed with the support of 232 votes from the ANC, the EFF, PAC, NFP and Al Jama-ah.

It was denounced by 98 votes from the DA, IFP, ACDP, COPE, UDM, ATM and the FF Plus, while the Good party and the AIC abstained.

Civil society bodies are also vehemently opposed to it and have made it clear they are prepared to challenge it all the way to the Constituti­onal Court should they get no joy from the NCOP.

The bill will, for the first time, allow independen­t candidates to contest national and provincial elections in 2024.

While that has been hailed as groundbrea­king, those opposed to the bill say their biggest concern is that it disadvanta­ges independen­ts. It requires them to submit a petition of at least 20,000 signatures in a region they wish to contest, while parties need submit only 1,000.

The bill also dictates that an independen­t should pay the same deposit as well-funded political parties.

Lawson Naidoo, the executive secretary for Casac, said it plans to persuade the NCOP to change the bill by inserting “a sunset clause” that makes it clear the current bill will be used for 2024 only.

“This is really a political solution to ensure that we’re able to have proper elections for 2024, as well as to try to persuade the NCOP to change some of the more problemati­c aspects of the bill, such as the signature requiremen­ts for independen­t candidates,” said Naidoo.

“To do that [will] make the bill more acceptable. Importantl­y, it needs to include in the bill a kind of a sunset clause that says this system will only apply for the 2024 elections. [It must also urge] parliament to start a national discourse to say what kind of electoral system we need and have that system in good time for 2029.”

Casac, which is part of 19 bodies, wrote to parliament on Thursday threatenin­g legal action if the bill was passed in its current form. Naidoo said MPs voting in favour of the bill sent a bad message to voters.

“It’s simply not levelling the playing field,” he said.

“The electoral system is fundamenta­l to a democracy: if the people complain about the system, they’ll complain about the outcomes of an election and that’s not good for democracy.

“The ANC and the EFF used their numbers to pass the legislatio­n, and the message says to voters that they don’t care about your views on this.

“And that’s particular­ly dangerous in the context of where we’ve been in recent elections, which is dwindling rates of voter participat­ion.”

The bill stems from a June 2020 Constituti­onal Court judgment that found the Electoral Act was unconstitu­tional because it said only people belonging to a political party could contest national and provincial elections.

It gave parliament 24 months to remedy the constituti­onal defect, but the national legislatur­e started processing the bill only in late January because the home affairs minister submitted it only then, forcing parliament to ask the Constituti­onal Court to extend the June 2022 deadline to December.

The National Assembly has also been slammed for its handling of the bill, with critics saying it did a rushed job and did not conduct adequate public consultati­on.

This is really a political solution to ensure that we’re able to have proper elections for 2024, as well as to try to persuade the NCOP to change some of the more problemati­c aspects of the bill Lawson Naidoo Casac executive secretary

 ?? Picture: Elizabeth Sejake ?? Lawson Naidoo, executive secretary of the Council for the Advancemen­t of the South African Constituti­on, which wants changes to the Electoral Bill.
Picture: Elizabeth Sejake Lawson Naidoo, executive secretary of the Council for the Advancemen­t of the South African Constituti­on, which wants changes to the Electoral Bill.

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