AfriForum again submits comments on the Electoral Act amendment Bill

9 November 2022

The civil rights organisation AfriForum has again submitted comments on the Electoral Act amendment bill to the National Council of Provinces’ Committee on Security and Justice. AfriForum initially submitted comments to the National Assembly on 21 February 2022, after which certain amendments were made to the bill in October 2022 and the period for comments was reopened, now that it is before the National Council of Provinces. However, AfriForum maintains that the bill in its updated form is still unconstitutional and therefore should not be accepted.

According to AfriForum, the bill does make provision for independent candidates, but these candidates will only be allocated one seat regardless of how many votes they receive. Hypothetically, this means that an independent candidate will receive only one seat, even if that candidate receives the same amount of votes as a major political party with a large amount of seats. The fundamental principle of representative democracy is that there is no wastage of votes. Thus, the degree of political support must be reflected in the allocated amount of votes. AfriForum also points out that if the bill is accepted in its current form, it will most likely be challenged in court. It is predicted that this legal action will put logistical pressure on the important 2024 national elections.

“AfriForum in principle supports an electoral system that makes it possible for individuals to stand as independent candidates, but such a system must be representative. If this bill is accepted in its current form, it will mean a watering down of representative democracy, as candidates will still only receive one seat regardless of the number of votes received,” says Reiner Duvenage, Campaign Officer for Strategy and Content at AfriForum.

Issued by Reiner Duvenage, Campaign Officer: Strategy and Content, AfriForum, 9 November 2022