ConCourt agrees to extend the Electoral Amendment Bill deadline

23 January 2023

The Constitutional Court has granted Parliament’s request to further extend the deadline for the finalisation of the Electoral Amendment Bill - until 28 February 2023.
 
In December, Parliament lodged an urgent application to the Constitutional Court requesting that it be granted a further extension to finalise the Bill – from 10 December 2022 until 28 February 2023. The apex court then issued an interim order, to further extend its declaration of invalidity order deadline for the Electoral Act until 31 January to allow it more time to consider the request to extend the deadline to 28th February to allow Parliament to finalize the Bill- which seeks to amend the Act.
 
On Friday 20 January, the court agreed to further suspend its invalidity order from 10 December 2022 to 28 February 2023.
 
In June 2020, the Constitutional Court declared that the Electoral Act was constitutionally invalid - insofar as it makes it impossible for candidates to stand for political office without being members of political parties. The court suspended its ruling for 24 months and gave Parliament until 10 June 2022 to rectify the constitutional defects in the Act and to make provision for independent candidates to contest elections to the National Assembly (NA) and the provincial legislatures.

Issued by Moloto Mothapo, 23 January 2023