South Africa has a valid Electoral Act again after President Cyril Ramaphosa signed the Electoral Amendment Bill.

The Presidency announced on Monday that Ramaphosa signed the Bill, which allows independent candidates to contest national and provincial elections.

The Bill gives effect to a Constitutional Court judgment that was handed down on 11 June 2020. The apex court declared the Electoral Act unconstitutional "to the extent that it requires that adult citizens may be elected to the National Assembly and provincial legislatures only through their membership of political parties".

But it suspended the declaration of unconstitutionality for "24 months to afford Parliament an opportunity to remedy the defect giving rise to the unconstitutionality".

Parliament, however, initially deferred to the executive and Home Affairs Minister Aaron Motsoaledi only introduced the Bill to the legislature in January 2022. Parliament had to approach the Constitutional Court twice for deadline extensions, the final deadline being 28 February.

The National Assembly passed the Bill on 23 February with the support of the ANC, EFF, Good party and Al Jam-ah.

According to the Presidency, the amended Act now provides for the inclusion and nomination of independent candidates as contesters to elections in the National Assembly and provincial legislatures.

Notable measures that feature in the Bill are:

• the requirements that must be met by persons who wish to be nominated as independent candidates;
• the inspection of copies of lists of independent candidates and accompanying documents;
• provision for objections to independent candidates;
• the inclusion of a list of independent candidates entitled to contest elections;
• the requirements for the appointment of agents by independent candidates;
• an obligation for independent candidates to abide by the Electoral Code of Conduct;
• a revised formula for the allocation of seats and their reallocation in the event of vacated seats; and
• a stipulation for the minister to establish the Electoral Reform Consultation Panel.

The amended Act requires the minister of home affairs to establish the Electoral Reform Consultation Panel within four months of gazetting the amendments. This panel will make non-binding recommendations on potential reforms of the electoral system for future elections of the National Assembly and the provincial legislatures after the 2024 polls.

"The Electoral Amendment Bill marks a significant milestone in the evolution of our democracy by expanding electoral participation and widening the pool of leadership choice for the National Assembly and provincial legislatures. The Bill presents a development that can only enrich and sustain our growing constitutional democracy," Ramaphosa said, according to the Presidency's statement.

Ramaphosa is satisfied that the processes leading up to the passing of the Bill followed all legislative procedures as envisaged by the Constitution and that the substance of the Bill will pass constitutional scrutiny.

Sections of civil society, however, have been highly critical of the Bill and have mooted the possibility of litigation if it is passed in its current form.

A general concern is the Bill does not allow a mixed constituency-proportional list system.

Implementing such a system in time for the 2024 elections is not plausible, and it is also not supported by the governing ANC.