Cape Town - The signing into law of the bill that provides for independent candidates to contest elections in Parliament and provincial legislatures hangs in the balance.
This after President Cyril Ramaphosa received a number of objections to the bill that will come into operation in the 2024 general elections.
The bill, introduced by Home Affairs Minister Aaron Motsoaledi in January last year just five months before its deadline, was adopted after requests were made to the Constitutional Court for extensions.
The National Assembly initially passed the bill in October 2022, but could not pass it by the December 10 deadline after the National Council of Provinces made various amendments that sought to address concerns raised by various parties and stakeholders during the public participation process.
The move had prompted the home affairs portfolio committee to ask the National Assembly to request the Constitutional Court for the extension to finalise the Electoral Amendment Bill by the end of February.
Ramaphosa’s parliamentary counsellor Gerhard Koornhof on Thursday said the Presidency received the bill on February 28. “We have received a number of objections to the bill in the Presidency.
“The president is going to process and consider the legality of the bill and the constitutionality of the bill,” he said.
“We regard it as a very urgent and a priority bill and we will speed up the process to make a decision on it,” Koornhof said.
ANC chief whip Pemmy Majodina wanted to know the legal standing of Parliament on the ruling by the Concourt which had granted extension for the fixing of constitutional defects in the Electoral Act until the end of February.
“Are we not to be found in contempt of court on the basis that it has not been signed. What is the legal standing now?” Majodina asked.
Parliamentary legal adviser Charmaine van der Merwe said the court order was a bit vague in that it simply asked Parliament to fix the defects by February 28.
“Parliament has done what it can do. Parliament can’t force the president to sign,” Van der Merwe said.
She, however, said unless the court order said both the executive and legislative arms should correct defects, that would be something different.
“As collective there would be responsibility. Parliament has done what it can do before February 28 and the bill was passed on March 23.
“At this point I don’t see Parliament being found in contempt,” she said.
National Assembly Deputy Speaker Lechesa Tsenoli said there were implications in the signing of the bill to the quality of preparation for the 2024 election by the Independent Electoral Commission.
“It did warn us these preparations are crucial and could be compromised. Let us hope the presidency operates quickly so that if there are corrections to be done, they are done quickly,” Tsenoli said.
UDM chief whip Nqabayomzi Kwankwa said Parliament has met its obligations put on it by the apex court.
“The President is aware of these dynamics and urgency of the matter.
“Let us wait for the process to run its course because we have played our part and done what we could in the limited period and time we had,” Kwankwa said.
He also said if there were to be any correction to be made on the bill, they would have to attend to whatever concerns Ramaphosa may raise on the bill’s constitutionality or legality.
DA chief whip Siviwe Gwarube said Parliament has discharged its responsibility.
Gwarube said the matter was now sitting with Ramaphosa to deal constitutional concerns.
“We will be guided by how the process proceeds. If there are legal concerns and challenges, we will make the call at that point.
“We as Parliament have done our job and discharged our responsibilities,” she said.
Cape Times