South African Electoral Amendment Bill

Electoral Amendment Bill
Parliament of South Africa
Long title An Act further to amend the Electoral Bill
Passed by	Cyril Ramaphosa
Passed	17 April 2023 (2023-04-17)
Signed by	Cyril Ramaphosa, President of South Africa
Effective	17 April 2023 (2023-04-17)
Codification
Code sections created	May 2024
Legislative history
Bill title	Electoral Amendment Bill, 2023
Introduced by	Cyril Ramaphosa, President of South Africa
Introduced	17 April 2023 (2023-04-17)
Status: In force

The South African Electoral Amendment Bill also known as the South African Electoral Matters Amendment Bill is a proposed legislation aimed at reforming the electoral laws and regulations in South Africa. Its primary purpose is to address specific issues and challenges in the country's electoral process, ensuring that it is more inclusive, representative, and democratic.

History

Origin

The South African Electoral Amendment Bill was first introduced in 2020, following concerns about the country's electoral system, particularly regarding the representation of smaller political parties as well as independent candidates. The bill was drafted in response to a 2019 Constitutional Court judgment, which declared certain aspects of the Electoral Act unconstitutional. The bill aims to address these issues and align the electoral laws with the country's Constitution.

On April 17, 2023, the President of South Africa, Cyril Ramaphosa, signed the bill into law. The law aims at expanding electoral participation and also widens the power of leadership choices for the national and provincial elections. This bill was passed in response to a Constitutional Court judgment that declared that the 1998 Electoral Act that was not constitutional for the stipulation that the election to the provincial legislatures and National Assembly can only be attained through the membership of the political parties.

Objectives

The South African Electoral Amendment Bill seeks to allow independent candidates to contest the national and provincial elections, introduce a more proportional representation system, enhance the independence and impartiality of the Electoral Commission, and improve the transparency and accountability of political party funding. It also seeks at strengthen electoral integrity and prevent fraud.

Formation

The President of South Africa, Cyril Ramaphosa, signed the bill in 2023

The bill was formed through a collaborative process involving the South African Parliament, political parties, civil society organizations, and citizens. The process included public hearings and consultations to gather input and feedback, expert analysis and research on electoral systems and best practices, drafting and refinement of the bill's provisions and language, as well as debate and voting in Parliament to approve or reject the bill.

The South African Electoral Amendment Bill was formed to address concerns about the underrepresentation of smaller political parties including independent candidates of the national and provincial legislatures, the need for a more proportional representation system to reflect the diversity of South African society, and the importance of ensuring the independence and impartiality of the Electoral Commission. Other concerns include the need for greater transparency and accountability in political party funding, the requirement to strengthen electoral integrity and prevent fraud, ensuring the trust and confidence of citizens in the electoral process.

See also

• Parliament of South Africa
• National Assembly (South Africa)
• Constitutional Court of South Africa