Defend Our Democracy campaign is calling for support in rejecting the Electoral Amendment Bill, calling it flawed and a threat to South Africa’s Constitutional democracy.

The Bill is being drafted in Parliament after the Constitutional Court ordered the Electoral Act be changed to allow independent candidates to participate in the provincial and national elections. 

Parliament was given until December 2022 to finalise the Bill and a committee was established to advise Parliament what electoral system South Africa could adopt in accommodating the change in the Act – the current electoral system or a mixed-member constituency. 

“Much to our disappointment, Parliament has opted to endorse a minority view of the report that does not make substantial changes to the electoral system. The Electoral Amendment Bill consultative process undertaken by Parliament has been equally flawed, as citizens’ preference for the majority view was overridden,” said Defend Our Democracy.

Supporting the call for the rejection of the Electoral Amendment Bill Anglican Archbishop Thabo Makgoba said the reform Bill presently favours political parties, and centers power and control within them and not the electorate.

"We call and we want reforms that will bring more representative accountability to the people, not only to the party, and for our vote as citizens to count. This is our principle stance. We want MPs accountable to the people and not to the political parties so that the national interests are placed above party politics,” he said.

He added the campaign also wants the Zondo Commission recommendations to be seriously considered and implemented in the Bill.

Makgoba said there is no protection in the Bill for an MP to vote with their conscience, adding that if they do, MPs risk their livelihoods because the party can withdraw their membership and they will also lose their seat.

“Perhaps we need to look at different models that exists within other Constitutional democracies. What the Bill is proposing, I am informed, has not been implemented or practised anywhere in the world. I know some people would say its innovative but it does not seem to cut the cheese for us as citizens. We need to remember that the Constitutional Court does have residual powers to make laws at a very narrow circumstance, so perhaps in this instance rather than rush a Bill that excludes accountability to the majority citizens and favours political parties we may ask the Constitution Court to draft an enabling Bill that will take into consideration some of our concerns," he said.

Defend our Democracy points that if the Bill is passed, independent candidates will need to receive about 8 000 signatures to stand for elections. This while political parties only need 1 000 signatures.

It also points out that independent candidates could lose out on winning seats in Parliament and have their votes given to political parties.

“If for example, 50 000 votes are required to win a seat, and an independent gets 250 000 votes, then 200 000 votes get discarded and wasted. However, if a political party that gets 250 000 votes, they will likely get five or even more seats. At a provincial level, if for example, 50 000 votes are required to win a seat, and an independent gets 250 000 votes, then their 200 000 votes are distributed between political parties,” the organisation warns.

It also questioned the equality of votes by noting that independent candidates will be required to get twice as many votes for a seat in Parliament, compared with political parties.

Further, the Bill does not allow for a by-election once an independent candidate vacates their elected position. Instead, it uses a "recalculation" which could allow a political party to fill the vacancy.

Defend Our Democracy also argued that Parliament did not adequately publicly consult on the Bill or consider arguments against the Bill made by civil society.

It added that if the Bill is passed as is, voters will not be able to vote for or hold MPs or MPLs directly accountable in their respective wards or districts.

"The point of changing a voting system is so that voters can know who they elect to Parliament and then hold their MPs accountable. With local government elections, candidates are known by voters in the wards where they stand. With this Bill, the whole country is considered one ‘ward’ at a national level, and a whole province is considered a ‘ward’ at a provincial level. This means that independent candidates have to contest against political parties – who are generally well known across the country or in provinces. Can you imagine someone from your community who is honest and wants to make a difference standing for elections to be an MP, but having to contest against an established political party?" Defend Our Democracy stated.

The organisation stressed the need for citizens’ support in rejecting the Bill.

It is urging South Africans to understand why the electoral system is important and to hold MPs to account for how they will be voting for the Bill.

It further set out possible delays to the 2024 national elections if the Bill is passed.

“If they pass this Bill, and it is then challenged in Court because it is unfair, this will delay the IEC further in preparing for the 2024 elections. We don’t want the 2024 elections to be delayed, so Parliament needs to listen to us now about making fair and credible changes to the electoral system. Remember that Parliament is bound to implement changes to the system to allow for independent candidates to stand for elections, as ordered by the Constitutional Court,” Defend Our Democracy said.

The organisation has developed a toolkit that provides more information on the Electoral Amendment Bill.