The Inclusive Society Institute has called on President Cyril Ramaphosa to refer the Electoral Amendment Bill to the Constitutional Court for a decision on its constitutionality before signing it into law. | gerbjan
The National Assembly passed the controversial bill, necessitated by a Constitutional Court ruling that independent candidates must be allowed to stand in provincial and national elections, on 23 February.
In a statement, the institute says it has written to Ramaphosa to raise its concerns about the bill and has submitted legal opinions that the bill may not pass constitutional muster in its current form. "If the bill is signed into law, the ISI may be faced with a moral and ethical dilemma as to whether to knowingly sit back and allow for an election to take place in terms of unconstitutional legislation or challenge its validity. The ISI believes that this challenge could create logistical problems for the execution of a timeous, free, and fair election, given the timeframe ahead of the 2024 election.
After the National Assembly passed the bill, the National Council of Provinces made further changes. Chief among the changes is a clause providing for the establishment of a panel of experts to consider more comprehensive electoral reform than what the current bill provides for.This required an extension of the deadline to 28 February.
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