The Independent Electoral Commission (IEC) of South Africa has requested Parliament to consider the Electoral Laws Amendment Bill, even if it may not be passed before the upcoming local government elections on November 4. Deputy Chief Electoral Officer Masego Sheburi presented the implications of the bill not being passed before the elections to the Home Affairs Portfolio Committee. He emphasized that the changes proposed in the bill will become more relevant after the local government elections, particularly when dealing with by-elections.
The Electoral Laws Amendment Bill aims to amend the Electoral Commission Act, the Electoral Act, and the Municipal Electoral Act in preparation for the November 4 local government elections. One of the proposed changes is that parties not represented in council, legislature, and Parliament will be required to renew their registration every year. If the bill is passed, a party that fails to renew its existence by the cut-off time will automatically be deregistered, saving the commission from litigation and unnecessary expenses.
The bill also proposes to increase the number of judges in the Electoral Court and enable the court to sit in various sessions to consider cases. The Judge President of the Electoral Court, in consultation with the Justice Minister, will compile a list of additional members made up of non-judges with relevant experience. Furthermore, the bill removes registered post and telegram as methods to serve notices, retaining electronic mail and in-person service to align with modern forms of service.
The bill amends the provision for voters registering with the IEC to provide sufficient detail of their ordinary residence and places what constitutes privacy rights and personal information on the voters roll. The most consequential amendment is that objections to the voters roll may only be made against the provisionally compiled roll. Once the objection period has lapsed, and the commission has made a decision, the voters roll is certified and can be used for an election.
The IEC Chairperson, Mosotho Moepya, emphasized that the Act should ensure deregistration happens by application of the law. Deputy Chief Electoral Officer Sheburi stated that all parties are required to account for all their sources of money received and for donors to make a disclosure, in terms of the Political Party Funding Act. The deregistration of parties deals with "shelf parties" that do not give notice of their existence.
Members of Parliament welcomed the IEC's approach but raised concerns about the exclusion of the Judicial Services Commission (JSC) in recommending non-judges to serve on the Electoral Court. They also asked about accountability by unrepresented parties regarding their funding. Home Affairs Department legal advisor Advocate Moses Malakate noted that they would endeavor to find the rationale behind the JSC's removal from making recommendations.
The Committee Chairperson, Mosa Chabane, stated that the timeframe was too tight to consider the bill before the elections, and the portfolio committee will subject the bill to public participation for comment. The local government elections are scheduled to take place on November 4, and only parties whose registration is final on the day of proclamation can nominate candidates for elections.
Key points
- The Electoral Laws Amendment Bill proposes changes that will become more relevant after the local government elections.
- The bill aims to deregister parties that do not renew their registration.
- The IEC urges Parliament to consider the bill despite its potential delayed implementation.
