Yet another ConCourt challenge to Electoral Amendment Act | News24

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Yet another ConCourt challenge to Electoral Amendment Act | News24
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The controversial Electoral Amendment Act faces another Constitutional Court challenge, this time related to the signatures prospective independent candidates must obtain to be eligible and the way the seats will be recalculated when there are vacancies.

If you intend to contest more than one region, you need to get signatures amounting to 15% of the province with the highest quota in the preceding election.

"OSA believes that the Amendment Act unjustifiably, arbitrarily and disproportionately sets an independent candidate's requirement at 15%. It further submits that the requirement does not fulfil any legitimate government purpose and that less restrictive means, such as the original 1 000 signature requirement, would achieve the same objective."

"The second issue is that the 15% threshold is arbitrary and is not apparently linked to any legitimate government purpose or objective. Parliament has failed to justify the figure. In other words, it has failed to show a rational connection between the threshold and the purpose sought to be achieved."

"Voters of political parties achieve the security of knowing that their concerns are represented regardless of a vacancy. Those who vote for an independent candidate do not have this protection. This affects a voter's free choice as a voter must then risk voting for an independent candidate knowing that their vote may not result in their interests being represented," he stated.

OSA also wants the court to suspend the period of invalidity, and that an interim measure be put in place while Parliament fulfils its obligations. "This interim measure will at least permit a fairer, democratic and constitutionally compliant election in 2024, than is presently the position," Mogoale said.

This was met with much hope among those calling for electoral reform. As the legislation slowly began to take shape, this hope evaporated, and the amendments pushed through by Home Affairs Minister Aaron Motsoaledi, backed by the ANC in Parliament, met much criticism based on the notion that the Act favoured big parties, rather than allowing independent candidates to compete on an even footing.

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