Claims that Parliament is in contempt of court on Electoral Act Amendment false

3 November 2021

Parliament notes the claims by Mr Mmusi Maimane, leader of the One South Africa Movement, that the so-called "Direct Elections Bills" is before Parliament and ready to be passed into law. 

On 4 December 2020, Mr Lekota, MP, introduced the “Electoral Laws Second Amendment Bill”, Bill 34 of 2020, in the National Assembly. On the other hand, Parliament is expecting the tabling of a bill from the Department of Home Affairs. Both Bills are intended to deal with Independent Candidates as envisaged by the Constitutional Court order. 

On 11 June 2020 the Constitutional Court ordered Parliament to remedy the defect in the Electoral Act to enable independent candidates to be elected to Parliament and provincial legislatures. Parliament has two years to effect the amendment. 

Parliament is aware of the implications of the Constitutional Court’s order on its work, and has put measures in place to fulfil its obligations. The Portfolio Committee on Home Affairs has been liaising with the Department of Home Affairs as part of its oversight work on this matter to ensure that  when Parliament passes a Bill providing for independent candidates, it contains a workable solution that effectively addresses the order of the Constitutional Court. 

The claim that Parliament is in contempt of court is therefore unnecessarily alarmist and misleading. 

Issued by Moloto Mothapo, Media Officer, Parliament, 3 November 2021