President Cyril Ramaphosa has exactly two months before he signs into law a bill that will, for the first time in the history of South Africa, allow independent candidates to contest elections. But the proposed law is already facing threats of legal ...
“Now, with months before the Constitutional Court deadline to finalise the bill, we believe that Parliament is putting at risk the 2024 elections. The 2024 elections must accommodate independent candidates and the IEC has to have time to prepare for it. But instead of considering an option that is viable for the country, Parliament has instead gone for a flawed model which can be legally challenged.
Experts and civil society organisations have taken issue with this, slamming it as an unfair practice. However, Home Affairs Minister Aaron Motsoaledi has repeatedly told Parliament that guidelines need to be tough to establish which candidates are serious and have a solid support base. “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.”
If an independent candidate were to vacate their position once elected, the bill does not allow for that vacancy to be filled through a by-election. It allows for a recalculation that could result in a position being filled by a political party.
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