
Parliament's big 'Up Yours'
On Thursday, Parliament adopted the Electoral Amendment Bill for a system that doesn't exist anywhere else in the world. This isn't necessarily a problem. That it is illogical and has absurdities in design, is.
Two hundred and thirty-two MPs voted in favour of the bill, with 98 against. There were three abstentions. As News24's Business columnist, Carol Paton, wrote recently, 'turkeys don't vote for Christmas'.
In its current form, the bill provides for the participation of independent candidates, but retains the proportional electoral system.
The process to amend the bill got underway after a Constitutional Court judgment found the current Electoral Act to be unconstitutional. The 2020 ruling received wide praise at the time as it was thought it would lead to a new era of politics, where politicians would be more accountable to voters.
In the run-up to Thursday's vote, civic groups appealed to MPs to reject the bill in its current form. They generally prefer a system providing for the election of 200 of the National Assembly's seats through a proportional ballot and for the remaining 200 to be elected directly through a constituency system.
The bill now heads to the National Council of Provinces (NCOP) for concurrence.
But all is not lost just yet. According to the committee report, the bill is tagged section 76. This means provincial legislatures will have to deliberate on it.
In this week's Friday Briefing, News24's parliamentary reporter, Jan Gerber, examines the fraught journey from the Constitutional Court judgment to the adoption of the bill.
We've also published an edited version of the annual Ahmed Kathrada lecture, which was delivered by one of the architects of the Constitution, Valli Moosa. He outlines why this bill could put democracy at risk.
One of the champions for the rights of independent candidates to participate in local and national elections, Mmusi Maimane, writes that Parliament has squandered an opportunity that was presented to it.
Analysts Ebrahim Fakir and Michael Atkins provide analysis on Thursday's developments.
This is an important issue as it is about returning power to the people, so please spend time reading all the contributions. You can access the links below.
Best,
Vanessa Banton
Opinions Editor
Electoral Amendment Bill: How Parliament turned tables against greater accountability
The Electoral Amendment Bill adopted by the National Assembly on Thursday is the exact opposite of what it was hoped it would be when the Constitutional Court delivered its landmark ruling in 2020, writes News24 parliamentary reporter Jan Gerber as he relates the fraught journey between the court ruling and the adoption of the Bill.
Electoral Bill is defective, insults the electorate and ignores the Constitution
One of the architects of the Constitution, Valli Moosa, in a recent Ahmed Kathrada Lecture said that when voters cannot get what they want because of the electoral system, democracy itself is placed at risk. He was reflecting on the current electoral amendment bill, which will now be heading to the National Council of Provinces after Parliament adopted the bill on Thursday. Here is an edited version of the lecture which was delivered in Johannesburg last weekend.
Reject the parties that accept the Electoral Amendment Bill
Parliamentarians have squandered an opportunity to structure a people-centric political and party system and have instead opted to continue enriching themselves, writes Ebrahim Fakir.
Electoral Amendment Bill akin to asking independents to run Comrades backwards
MPs rubber-stamped a government-sponsored bill that makes it near impossible for independents to stand alone and win elections. If you want to run alone as an independent, it's akin to running the Comrades Marathon backwards, without shoes, and still, be expected to win, writes Mmusi Maimane.
Electoral Amendment Bill: We are already in the throes of a constitutional crisis
We are faced with the problem where excluding independent candidates from national and provincial elections has already been ruled as unconstitutional, but where Parliament's proposed remedy suffers from same constitutional defect, writes Mike Atkins.






