The newly signed Electoral Amendment Bill is fundamentally and deeply flawed, says Constitutional law expert Lawson Naidoo.
A voter inserts his their ballot paper into a voting box.is fundamentally and deeply flawed.
This comes after the Constitutional Court ruled that the Electoral Act was unconstitutional because it did not allow independent candidates from running in provincial and national elections. “It creates an electoral system that doesn’t exist anywhere else in the world. It is a unique system that seems to have been developed specifically to accommodate the judgment of the Constitutional Court in the case in 2020 by permitting independent candidates to contest elections without making any changes to the current system that we have in place. I think the way that has been done is less than ideal.
“Firstly, we are shocked that the president has signed this bill because it is regarded as unconstitutional. Civil society has raised issues regarding this bill. One of the flaws about this bill is that it is unfair, it creates unequal competition between independent candidates and political parties, so what we have political parties contesting 400 seats and independent candidates only contesting half which is 200.
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