20 October 2022

The ANC Parliamentary Caucus supports the passing of the Electoral Amendment Bill  in the National Assembly (NA) this afternoon. Pursuant to the Constitutional Court ruling  in June 2020, Parliament was tasked to review the electoral system to allow  independent candidates to run for political office.  

Allowing individuals to contest elections broadens the options for people to choose their  public representatives, and we believe the inclusion of independent candidates serves  to strengthen our democracy. 

While we acknowledge concerns raised regarding the required percentage of signatures  needed by independent candidates indicating support, it must be noted that the  Electoral Amendment Bill primarily deals with the Constitutional Court judgment, which  was only about independent candidates being allowed to contest elections. 

The Bill will go to the National Council of Provinces (NCOP) after it has been passed by  the NA. The NCOP will conduct further public consultation, and we advise parties that  seek to influence the Bill can still do so.  

It behoves us to remind the media and civil society groups seeking to impose sweeping  changes to our electoral laws that the Constitutional Court made no ruling on the direct  election of the President or members of the Executive. 

The Court also did not direct Parliament on an electoral system to be enacted; instead,  it left a choice to Parliament as long as the enacted system would be constitutional.

After extensive public consultation and consideration of public submissions, substantive  amendments to the original Bill have been made, which include the dropping of the  cooling-off period, the adoption of the 20% quota of signatures required for an  independent candidate to support their candidature, the requirement for an election  deposit, and the number of party agents which will be determined by the Electoral  Commission of South Africa.  

It is also important to note that the Bill gives the responsibility to the IEC to provide  regulations regarding registration to participate in the elections. 

The ANC believes in building a united South African nation where everyone enjoys the  right to be represented in government. The ANC has supported proportional  representation in our electoral system since the dawn of our democracy to ensure that every vote counts and that all political parties are represented proportionally in  Parliament and provincial legislatures. 

The ANC is satisfied that the Electoral Amendment Bill does respond to the  Constitutional Court judgment, which declared the Electoral Act of 1998  unconstitutional. 

Issued by the Office of the Chief Whip, Hon. Pemmy Majodina 


Luthando Nogcinisa 

Advisor to the Chief Whip 

+27 76 385 1440