ELECTORAL AMENDMENT ACT GAZETTED BUT NOT OPERATIONALISED

The Electoral Amendment Act, 2023, has been gazetted but is not yet in force. Published on 17 April 2023, according to a presidential media statement announcing the Act’s addition to South Africa’s statute books, the new piece of legislation ‘provides for the inclusion and nomination of independent candidates as contesters to elections in the National Assembly and provincial legislatures’.

This is in keeping with a Constitutional Court judgment handed down on the 11 June 2020.

In terms of sub-section 23(1) of the amendment Act, within four months of its commencement the Minister of Home Affairs is required to establish an electoral reform consultation panel to explore options for further reforms in anticipation of post-2024 general elections.

The Presidency statement refers to a provision requiring the panel be established ‘within four months of gazetting the amendments’. This is incorrect.

Published by SA Legal Academy Policy Watch

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