One South Africa Movement (OSA) has bemoaned Parliament's tardiness to amend the Electoral Act, in line with the Constitutional Court's ground-breaking ruling that people not belonging to political parties should be allowed to stand in provincial and national elections. 

OSA says that, if the amendment bill is not passed by the apex court's deadline, the judgment should be "read into" the legislation. It would mean the court would make the law, if Parliament failed to do so. 

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

It gave the legislature 24 months to do so, with the deadline expiring on 11 June. There is no chance that Parliament will adhere to the deadline.

On Monday, OSA spokesperson Mudzuli Rakhivhane noted that, in five days' time, Parliament would be in contempt of court for failing to adhere to the Constitutional Court's ruling, if there was no system in place.

"Political parties in Parliament have spent the past 725 days delaying, dithering, ducking and diving in a sneaky attempt to avoid the inevitable: a stronger, more accountable electoral system that brings decision-making closer to the people, and ensures the best, fit-for-purpose individuals represent us in Parliament," Rakhivhane said.

"In doing so, political parties in Parliament have shown their true colours. And the people of South Africa will not forget this display of mala fides come the next elections. The politicians are desperately trying to protect themselves and their friends, at the expense of national interest."

As it became clear that Parliament would not be able to comply with the deadline, it applied to the court for a six-month extension. A decision is still awaited.

The applicants in the original Constitutional Court ruling, which necessitated the amendment, the New Nation Movement, opposed the application.

Rakhivhane said the New Nation Movement filed papers to ensure the next national and provincial elections in 2024 will be held under a new electoral system.

"This way the people of South Africa can – for the first time in democratic history - choose the best 400 people for Parliament and get a government that works to serve the people," she said.

"Due to Parliament's failure to change the law timeously, the immediate remedy sought is to 'read in' to the Electoral Act the essence of the court's order in the 2020 New Nation Movement judgment.

The court will have to do the job of Parliament, which Parliament has failed to do. Parliament will try to call this judicial overreach - we call this judicial rescue.

At Thursday's meeting of the National Assembly Programming Committee, Parliament's legal services said the Electoral Commission of South Africa (IEC) would 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 the national and provincial elections in 2024.

Previously, the Portfolio Committee on Home Affairs also defended its handling of the bill in the face of sharp criticism from civil society.

After the Constitutional Court's June 2020 ruling, Parliament deferred its constitutionally mandated duty of drafting the legislation to the executive - as is most often the case.

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 may favour bigger parties when the seats are calculated, and it has the support of the majority party, the ANC.

Civil society, however, does not approve.