MPs reject call to postpone controversial electoral bill

MPs have rejected calls for the National Assembly to postpone Thursday’s vote on the Electoral Amendment Bill, which provides for independent candidates to contest provincial and national elections.

Civil society organisations have intensified lobbying for parliament not to pass the law, saying it contradicts the Constitutional Court ruling, will disadvantage independent candidates and the public participation process was inadequate.

The bill is scheduled for debate in the assembly on Thursday and, if passed, will be sent to the National Council of Provinces (NCOP) for concurrence.

IFP chief whip Narend Singh raised the matter in the assembly’s programme committee meeting on Thursday morning, saying parliament should ask the ConCourt for more time to consider the amendments.

“Right from the beginning, we’ve got to appreciate the Constitutional Court ruled in June 2020 that parliament consider amendments to accommodate the issue of independents, among other things,” said Singh.

“It took the executive 18 months — the executive only brought the bill in January 2022 to the house. Is it possible for us, in light of the fact that the committee didn’t have enough time to ask the Constitutional Court for an extension of time, for parliament to properly consider this bill at the National Assembly level even before we send it to the NCOP?”

Singh warned parliament may go ahead on Thursday supported by the ANC with everyone else against it, but “we may have to start the process all over again”.

His proposal led to a heated discussion, with ANC chief whip Pemmy Majodina questioning why he had not raised the issue before.

“It is too late now. The Constitutional Court has given us extensions until December 10. We would be seen as a rogue parliament that at the 11th hour we want to derail this process,” she said.

“We are at the stage where we are supposed to pass or not pass the bill. He could have raised this matter long before this date. It is unfortunate that when we are about to pass the bill this afternoon [Thursday], he comes with such a concern. It is too late.”

Majodina was backed by other ANC MPs.

Hope Papo said the bill had been dealt with clause by clause, with some parties agreeing and others disagreeing. Some wanted parliament to go beyond the decision of the ConCourt, he said, adding that he didn’t understand Singh’s view that postponing the bill will be “for the benefit of the public”.

ANC deputy chief whip Doris Dlakude suggested those who were not satisfied raise their arguments during the NCOP process.

While the EFF is opposed to the bill as it stands, chief whip Floyd Shivambu said parliament should not allow itself to be bullied by civil society organisations with “sponsored agendas”.

Shivambu said “opportunist so-called civil society formations funded by the Oppenheimers and George Soros foundations” wanted to impose an electoral system in South Africa and coerce MPs to agree with them.

“Civil society must accept we are the ones who have been elected to pass laws and write legislation. Those who have concerns have recourse — they can go to the Constitutional Court after we have concluded the process as parliament.

“We can’t be bullied by so-called civil society formations that have no constituency, no legitimacy and no mandate from anyone,” he said.

Speaker Nosiviwe Mapisa-Nqakula said it would be embarrassing for parliament to ask the ConCourt for another extension. “I therefore agree with the majority of members and my ruling is we proceed this afternoon and we pass the bill,” she said.

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