Parliament granted another extension to finalise Electoral Amendment Bill

Parliament has until 28 February 2023 to finalise the bill.

Picture File: Special voting taking place at the Highway Gardens voting station in Edenvale on 31 October 2021. Picture: Neil McCartney

The Constitutional Court (ConCourt) has granted Parliament’s request to further extend the deadline for the finalisation of the Electoral Amendment Bill.

Parliament’s spokesperson Moloto Mothapo on Monday said the national legislature had until 28 February 2023 to finalise the bill.

Electoral Amendment Bill

In December, Parliament lodged an urgent application to the ConCourt requesting that it be granted a further extension to finalise the bill from 10 December 2022 until 28 February 2023.

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The apex court then issued an interim order to further extend its declaration of invalidity order deadline for the Electoral Act until 31 January.

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This was to allow the ConCourt more time to consider parliament’s request to extend the deadline to 28 February in order to finalise the bill which seeks to amend the act.

“On Friday, 20 January, the court agreed to further suspend its invalidity order from 10 December 2022 to 28 February 2023,” Mothapo said in a statement.

Electoral Act

In June 2020, the apex court declared that the Electoral Act was constitutionally invalid – insofar as it makes it impossible for candidates to stand for political office without being members of political parties.

The court suspended its ruling for 24 months and gave Parliament until 10 June 2022, to rectify the constitutional defects in the act and to make provision for independent candidates to contest elections to the National Assembly and the provincial legislatures.

Parliament failed twice to meet the ConCourt’s deadline to amend the Electoral Act.

This is amid concerns that the bill does not go far enough in allowing for a mixed electoral system that makes provision for both a single-member constituency and a proportional representation (PR) system in order for voters to hold politicians accountable.

Compiled by Thapelo Lekabe

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