Electoral Act Amendments are rational and constitutional

4th December 2023

Electoral Act Amendments are rational and constitutional

Today’s judgment by the Constitutional Court confirms that the Electoral Amendment Act is rational and does not infringe on the constitutional rights of voters and potential independent candidates.

The amendment was passed by parliament to give effect to the Constitutional right to be elected to public office as an independent, and not exclusively through membership of a political party.

The court found that the Electoral Amendment Act would not result in our elections failing the free and fair test.

It further found that the argument that political parties were advantaged by the Amendment Act, because voters would not split their vote between ballot papers, was an assumption not born out by history.

Now that the Act has been declared rational and constitutional the IEC can prepare for the 2024 elections and the President can announce the date of the election.

After 30 years of democracy, next year’s election is set up as a potential tipping point. Voters are being presented with a wide range of choices encompassing old and new parties, which will now be joined on the ballot paper by independent candidates.

We urge all South Africans eligible to vote to register to do so, and to participate in the elections. We especially urge young South Africans to register to vote and to vote for the future they wish to live in. 

Our democracy is in the process of maturing and today’s judgment, which settles the question of fair participation for independent candidates, is another step in the settling of our democratic process.

The GOOD Party looks forward to presenting its vision, values and case for a fair and just future for South Africa in months to come.

 

Issued by GOOD Secretary-General & Member of Parliament, Brett Herron