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Dictatorship and community objections: Unease over Electoral Bill for independent candidates
While independent candidates were welcomed by political analysts, Professor Barry Hanyane worries this could lead to autocratic tendencies.
The public hearing for the Electoral Amendment Bill continued on Monday, 14 March. PICTURE: Twitter @ParliamentofRSA
With the public participation of the Electoral Amendment Bill continuing in Gauteng and the Free State on Monday, the proposed act, which allows for independent candidates to take part in elections, has more pros than cons but could lead to an autocratic state and a dictatorship if not done correctly, said analysts.
The amendment bill comes after the Constitutional Court ruled on the unconstitutionality of the Electoral Act which states that only those associated with political parties may contest for national and local elections.
Following its judgment in 2020, independent candidates may now take part in electoral processes, and Parliament has been given until June this year to bring the ruling into law.
ALSO READ: Constitutional Court rules Electoral Act unconstitutional
Pros and cons
According to political analyst Professor Lesiba Teffo, this will ensure the country is in a better position as citizens will be able to choose their own people and not a party that elects candidates for them.
“This is an opportunity now for the people of South Africa to table the Act to say that people will elect their own President… If you look at it, the people are strong. Change needs real change. It means a lady from the villages, if the community says she is the one to lead them, there are no handlers first in their way. This puts no hurdles in the way of those who want to compete and contest for political office,” said Teffo.
North West University’s political analyst Professor Barry Hanyane welcomed the amendment of the Act as it offered direct participation and reduced challenges associated with red-tape.
Decisions can be made easily without consulting Cabinet or party members, he said.
“There is less consultative engagements, meetings and workshops and the likes. Decisions are speedily done. Which is a good thing. Cadre deployment will be non-existent as it will be a one-man show. There will be in-time solutions… and it ensures accountability because decisions are made now,” said Hanyane.
Asked whether this new Bill would be disadvantageous with regards to funding of political campaigns for independent candidates, Teffo said this was nothing of concern.
“That is where we lose the plot… If they want you in the village, they don’t need money to campaign for you. This is what happens in a mature democracy, which is what we strive for. There are many people who can be called upon because they have the ability and skills and knowledge to serve, and there is a sense of belonging. When you need money for campaigning, it is no longer based on the will of the people. You don’t need money for campaigning if it is based on the will of the people,” said Teffo.
Hanyane, however, disagreed, stating that resources were required for independent candidates to make themselves known countrywide.
“If you accept the nomination to be an independent candidate as a president, then, do you have the resources? You need a bus to crisscross the country. The people of Soweto might know you but what about the people of Qunu, Pampierstad, or those in Knysna? It means those in the media are going to work double because the candidate will want airtime,” Hanyane said.
His worry about independent candidates was that it could lead to an autocratic state and a dictatorship if the wrong person is elected into office, who could easily fire those that make a small mistake.
“It breeds autocratic tendencies and sometimes that can be counter-productive because you end up looking at people who do one slip-up, but overall they bring expertise and foresight, but that one mistake could get them fired.”
“The question now is, how do we guard against this guy from becoming autocratic and a dictator? We need to go back to the Constitution and make a few amendments. Already we gave Ramaphosa the power to appoint the Chief Justice, but [amending the Constitution] would me no more luxuries,” said Hanyane.
ALSO READ: South Africans can’t wait for electoral reform any longer, MPs told
Public opinion differs
The Parliamentary Portfolio Committee on Home Affairs concluded the Northern Cape and Mpumalanga leg of the public hearings into the Bill at the weekend. Some residents supported the Bill but others raised objections, calling for the current electoral system to remain in place.
Some Northern Cape residents called for stricter processes for independent candidates, such as independent candidates needing to receive 20,000 verified signatures to ensure that only serious candidates are allowed to run.
“There was also a feeling that independent candidates should be treated similar to political parties in relation to the payment of electoral registration deposits to ensure fairness,” said ANC MP Tidimalo Legwase, who led the delegation of the committee in the Northern Cape.
The hearings in Mpumalanga saw many citizens objecting to the Bill and the possibility of a constituency-based electoral system, calling for the current system to be retained.
“Echoing the views of the other two districts (Ehlanzeni and Gert Sibande), the residents of Nkangala told the committee that the Electoral Commission and Parliament were not ready for the administration of a constituency-based electoral system and that the current proportional representation system must be retained.
“They also proposed that for the purposes of just adhering to the Constitutional Court order, the Bill can be amended to allow independent candidates, but stricter conditions must be introduced to make it difficult for any potential independent candidates to contest national and provincial elections,” said committee chairperson Mosa Chabane.
