‘Flawed’ Electoral Matters Amendment Bill ‘necessary’

While political and policy experts have expressed support for the Electoral Matters Amendment (EMA) Bill which seeks to put independent candidates on the same footing as political parties, some flaws in the draft legislation could become a sticking point when organs of civil society make submissions in parliament next week.

MPs are expected to push through the Bill by next month.

Hopeful

Despite the tight deadline, Daryl Swanepoel, chief executive of the Inclusive Society Institute (ISI), which is among several organisations intending to present submissions to parliament, was hopeful the processing of the draft legislation “can be done if all parties are focused on the task at hand”.

“There are some flaws in the Bill that require material amendments, that may affect other pieces of legislation,” he said.

“The problem with rushing legislation is that it always requires compromises that impact the quality of our laws.

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“Our legislators really need to start understanding the need for sufficient lead time, lest we continue to pass flawed legislation.

The ISI, Swanepoel said, supported the objectives of the Bill, “bringing independent candidates on to the same footing as political parties”.

The funding disclosure was “a good example”.

“Not only will it strengthen the ethics, as it relates to independent candidates participating in the elections, it also allows for them to share in the public funding pot,” he said. “This is necessary…”

Possible to process the Bill ‘within a relatively short space of time’

University of South Africa political scientist Prof Dirk Kotze said it was possible to process the Bill “within a relatively short space of time”.

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“It is not a very controversial legislation, very limited in scope – only about the funding aspects of independent candidates and not affecting political parties.

“It is a new dimension in this election – one of the key issues of the polls.

“I think there will be consensus reached on it easily.

“Parliament has given the process until 28 January for public comment.”

Possible delays in processing the Bill

Cautioning about possible delays in processing the Bill, independent election result analyst Michael Atkins tweeted: “The Bill has to be considered and approved by the NCOP [National Council of Provinces] and then signed by the president.

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“This is entirely unprecedented – relying on there being no delays in the [National Assembly] or NCOP and on there being no substantive amendments.

“This puts some constraints on the possible dates for the elections – which constitutionally should be between 22 May and 19 August.

“We would require a proclamation no later than 13 March.”

‘[It] will help change the generally sorry state of our country’

Concurring that the Bill was “not a perfect draft law”, policy expert Dr Nkosikhulule Nyembezi said: “But it still opens up space for a gradual, incremental enjoyment of political rights and expansion of representation of diverse political causes in our constitutional democracy.

“[It] will help change the generally sorry state of our country, where the batho pele [people first] principles should ensure a caring and responsive government.

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“The principles are currently so frayed and torn they are no longer there, with the damage being everywhere.

“The political impact of all this damage should be obvious: disaster for the incumbent party.

“We are to see a boost for independent candidates, swelling the opposition base to replace the current status quo.

“Put crudely, the ANC has smashed up the country so badly and South Africans may well instruct the new credible opposition with their votes to clean up the mess, thereby handing them an increasingly daunting, if not impossible, task.”