• Adami Geldenhuys

Electoral Amendment Bill 1 of 2022

The Electoral Amendment Bill 1 of 2022 was introduced to the National Assembly on 10 January 2022.

The purpose of the Bill is to:

“To amend the Electoral Act, 1998, so as to insert certain definitions consequential to the expansion of this Act to include independent candidates as contesters to elections in the National Assembly and provincial legislatures; to provide that registered parties must submit a declaration confirming that all its candidates are registered to vote in the region or province where an election will take place; to provide for the nomination of independent candidates to contest elections in the National Assembly or provincial legislatures; to provide for the requirements and qualifications which must be met by persons who wish to be registered as independent candidates; to provide the procedure to follow for a non-compliant nomination of an independent candidate; to provide for the inspection of copies of lists of independent candidates and accompanying documents; to provide for objections to independent candidates; to provide for the inclusion of a list of

independent candidates entitled to contest elections; to provide that independent candidates are bound by the Electoral Code of Conduct; to provide for the return of a deposit to independent candidates in certain circumstances; to amend

Schedule 1; to substitute Schedule 1A; and to provide for matters connected therewith.”

This Bill is the result of the Constitutional Court judgment in New Nation Movement NPC and Others v President of the Republic of South Africa and Others (CCT110/19) [2020] ZACC 11; 2020 (8) BCLR 950 (CC); 2020 (6) SA 257 (CC) (11 June 2020). The judgment declared the Electoral Act, 1998 (Act No. 73 of 1998), unconstitutional to the extent that it requires that adult citizens may be elected to the National Assembly and provincial legislatures only through their membership of political parties. The Constitutional Court directed Parliament to rectify the Act.

View the Bill at: https://pmg.org.za/files/B1-2022_Electoral.pdf

Date posted: 20 January 2022