The president must reject the unconstitutional Electoral Matters Amendment Bill

28 March 2024

This week the National Council of Provinces adopted the Electoral Matters Amendment Bill. Now, both houses of Parliament have adopted the Bill, despite being warned of its unconstitutionality. The Bill will now go to the President for consideration.

Yesterday, we wrote to the President explaining why the Bill is plainly unconstitutional. Our letter calls on the President to exercise his powers in terms of section 79(1) of the Constitution and reject the Bill and send it back to Parliament.  

If the President signs the Bill into law, he will defy the values of the Constitution, open opportunities for a money grab and deepen secrecy before a highly contested election. My Vote Counts will then have no choice but to launch a legal case challenging the constitutional validity of the Bill.

The Electoral Matters Amendment Bill presents a grave threat to our democracy. President Cyril Ramaphosa now has the opportunity to uphold his duty to the public and reject the Bill.

Read the letter to the President here.

Issued by Minhaj Jeenah, Executive Director at My Vote Counts, 28 March 2024