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Parliament's handling of Electoral Amendment Bill doesn't threaten 2024 elections, says Mapisa-Nqakula

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Parliament's handling of Electoral Amendment Bill doesn't threaten 2024 elections, says Mapisa-Nqakula

National Assembly Speaker Nosiviwe Mapisa-Nqakula
National Assembly Speaker Nosiviwe Mapisa-Nqakula

2nd June 2022

By: News24Wire

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The Electoral Commission of South Africa (IEC) will only support an extension for Parliament to amend the Electoral Act if the current amendment bill is passed.

Furthermore, National Assembly Speaker Nosiviwe Mapisa-Nqakula attempted to quell conjecture that the slow passage of the Electoral Amendment Bill jeopardised national and provincial elections in 2024 in Thursday's National Assembly Programming Committee.

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In June 2020, the Constitutional Court instructed Parliament to amend the Electoral Act to allow persons not belonging to parties to be elected to the National Assembly and provincial legislatures.

They gave Parliament the deadline of 11 June 2022. Parliament deferred its constitutionally mandated duty of drafting the legislation to the executive - as is most often the case.

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Home Affairs Minister Aaron Motsoaledi appointed a Ministerial Advisory Council (MAC), but went against the MAC's majority recommendation and a bill making minimal changes without a constituency system was drafted.

The bill was introduced to Parliament in January.

This bill might favour bigger parties when the seats are calculated and it had the support of the majority party, the ANC. Civil society, however, did not approve.

Meanwhile, there was no chance that Parliament would make the Constitutional Court's deadline, and it had approached the court for a six-month extension.

Parliamentary legal advisor, advocate Charmaine van der Merwe, informed the National Assembly Programming Committee on Thursday that the Constitutional Court issued directions for written submissions.

The New Nation movement, which brought the original case necessitating the amendment, opposed Parliament's request for an extension, while Home Affairs supported it.

"The IEC indicated they can only support the submission if the bill in its current draft form proceeds. The bone of contention is the possibility of constituencies. The IEC has indicated to the court if constituencies are included, they will need more time to prepare for elections. The bill at the moment does not provide for that," Van der Merwe said.

She said they were awaiting further directions from the court on whether it would hear arguments or consider the written submission.

Mapisa-Nqakula said an unfortunate impression had been created by the media and "some of us" that Parliament not being ready with the bill would threaten the national elections in 2024.

"And I don't see in what way it is threatening the elections. According to the reports which I have received from the legal team, I know that we are really gunning for the 6th of November to finalise this whole thing," she said.

"And therefore, if we finish and the president signs, then we will not have a problem if we are able to do it in the next six months. All that has been requested is that the Constitutional Court should give us an extension of six months because we believe that by that time, the entire process shall have been completed, and every step shall have been taken to make sure that the bill is assented to by the President."

"It doesn't threaten the elections in any way. Everything is being done to make sure that it is finalised in six months."

African National Congress MP and parliamentary counsellor to Deputy President David Mabuza, Hope Papo, agreed with Mapisa-Nqakula.

"I am convinced the bill doesn't go beyond the ruling of the court," he said.

"Sometimes in politics, we just make statements."

He said public hearings were held, and it was important that there were no "problems" after the bill was adopted.

African Christian Democratic Party MP Steve Swart reminded the committee that the bill was only tabled in January.

"Parliament has done everything possible to process the bill. There can be questions asked, as we have done in the past, about the executive not tabling the bill when we have a Constitutional Court deadline," Swart said.

Mapisa-Nqakula said it was "just minor issues that need to be sorted out in order for us to finalise the bill".

"Let us not, honourable members, let us not mislead our constituencies."

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