The DA does not support the Electoral Amendment Bill in its current form

20 October 2022

Chairperson,

In June 2020, the Constitutional Court, in the New Nation Movement matter, gave a ground-breaking judgment that compelled Parliament to amend the Electoral Act in order to permit independent candidates to contest national and provincial elections.

The apex court then suspended the declaration of unconstitutionality for "24 months to afford Parliament an opportunity to remedy the defect giving rise to the unconstitutionality".

In March 2022 the Portfolio Committee of Home Affairs embarked on Public Consultation in all nine Provinces of our Country. The process that was largely flawed due to poor public education by the Department of Home Affairs. In most Provinces that we visited, communities were not aware of this public engagement process. There were instances where some people who attended the consultation, came and presented us with service delivery issues. It was clear indication that they did not know the purpose of our visit.

In some venues we were greeted by empty chairs.

In areas where there were community members who were provided with a copy of the bill, they requested a copy which was translated in their preferred language as they did not understand English, and those copies were not available.

The big question that remains unanswered is, were these Consultations fair?

The budget, time, resources that went into these consultations, did they serve their purpose?

Or this was just another tick box exercise by the ANC?

Nonetheless, we carried on with the meetings.

Upon our return, we deliberated on the inputs received and what needed to be done to ensure that Independent Candidates are afforded a fair opportunity to contest National and Provincial elections. We all agreed that in an event where an Independent Candidate’s seat becomes vacant, the seat should be filled by a party or Independent Candidate who received the highest vote.

However, the ANC in its desperation to water down the Bill and protect their dwindling electoral support, later made a U-turn and supported a recalculation which will see the majority party occupy that vacant seat.

It’s a familiar script. On countless occasions, we have witnessed the ANC change goal posts on previously agreed issues. In one instance, we had also agreed to set a minimum of two party agents for political parties and Independent Candidates, a provision whose implementation will be left to Presiding Officers. This was thrown out. Today, we are now expected to support a Bill that doesn’t have a minimum set target for party agents who will observe elections in each Voter District.

This bill necessitates a system similar to the one utilised at local government level where there are defined constituencies, requiring that electoral contestants (independents and those belonging to political parties) compete fairly against one another. Cognizant of the principle that a Public Representative should be accountable to their Constituency, the DA proposed a sunset clause to ensure that this electoral reform takes place immediately after the 2024 election. This too was rejected.

We are not in agreement with the Bill in its current form as we have serious issues and areas of concern. But as always, the ANC is using its majority to ram this Bill through in Parliament without due regard to the integrity of our electoral system. The DA does not support this Bill.

Issued by Angel Khanyile, DA Shadow Minister of Home Affairs, 20 October 2022