Electoral Commission Residual Matters on Electoral Amendment Bill

The Electoral Commission submitted proposals on various key aspects of the Electoral Amendment Bill including independent candidates contesting multiple regions, the number of signatures required, a cooling-off period for former party members, and the appointment of agents for both independent candidates and political parties at voting stations.

• Election
• Electoral Commission
• Independent Candidates
• Electoral Bill
• Political Parties

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1. Submission by the Electoral Commission Residual Matters on the Electoral Amendment Bill

2. CONTENTS 1. Independent Candidates contesting more than one region in the National Assembly Elections 2. The number of signatures for Independent Candidates (clause 4) 3. Cooling off Period for IC who were members of political parties 4. Candidate Nomination Matters 5. Number of Agents (New Clauses)

3. 1. Independent Candidates contesting more than one region in the National Assembly Elections The IEC proposes that when Independent Candidates (IC) contest multiple regions, such candidates will only be allocated the region in which they accumulate the highest number of votes.

4. 2. The number of signatures for Independent Candidates (clause 4) The IEC proposes a requirement for IC to capture the ID numbers of voters to these voters are correctly registered and entitled to support the candidature of IC to relevant elections. The IEC portal will generate confirmation that the candidature supported by the prescribed number of voters. The signatures of such voters must be the IC in the event that the IEC requests same. The Portfolio Committee has adopted the proposal that the number of signatures must 50% of the quota for a seat. The IEC submits that numerically, this translates to a high number of registered voters support the candidature of IC. This can be construed as unfair discrimination against political parties are not currently burdened with this numerical quota requirement for registering a party at any level.

5. 3. Cooling off Period for IC who were members of political parties The Portfolio Committee has adopted a three month cooling-off period for IC who were political parties. This requirement does not apply to members of political parties who membership from one party to another. The IEC will not be able to enforce this requirement and furthermore, this requirement be able to withstand constitutional scrutiny. Counsel team for the Department of Home Affairs agrees with the concerns raised by the IEC

6. 4. Number of Agents for IC and political parties There is agreement that both IC and political parties must be able to appoint agents voting station. The IEC proposes that the Bill only states the principle and not stipulate the number that a party and IC are entitled to. The details including numbers and principles underpinning observation (rotations etc be included in the Regulations.

7. 5. Candidate Nomination Matters Amendment of section 27(2)(cA) of the Bill The following paragraph is substituted for paragraph (cA) of section 27(2) of the Bill: (c) declaration, signed by [each candidate appearing] the duly authorised representative party confirming, [on the party s] that each candidate appearing on the party s[regional candidates or] provincial list of candidates referred to in Schedule1A, [confirming that is registered to vote within the [region or] province in which the election will take place Amendment of Part 3A of Chapter 3 of the Bill Part 3A of Chapter of the Bill is amended by the substitution and insertion of the following Section 31A of the Bill is amended by the insertion after subsection 2 of the following: (3) An independent candidate may be nominated to stand in more than one region for Assembly provided that they may be elected only to one seat in the National Assembly. (4) An independent candidate may only be nominated and stand in a provincial legislature province in which they are registered to vote

8. 5. Candidate Nomination Matters 1. The following paragraph is substituted for paragraph (a) of the proposed subsection 3 of Section 31B: (a) A completed prescribed form, confirming that the candidate has submitted the names of registered support his or her candidature. The names of the voters must be equivalent to a percentage of votes quota for a seat in the last comparable election; [with at least the prescribed minimum number of voters whose names appear on the segment of the voters roll for the region or province in which is standing for election;]. The signatures of such voters must be retained by the IC in the event that the IEC requests same. Paragraph (a) of the proposed subsection 31B(3) must be deleted. 2. Paragraph (e) of the proposed subsection 31B(3) must be deleted. Paragraph (f) of the proposed subsection 31B(3) to be renumbered. 3. section 34B(4), the chief electoral officer must notify the nominated person of the non-compliance. The following subsection must be substituted for the proposed subsection 31C(1) as follows: (1) If the nomination of an independent candidate does not fully comply with section 31B(3)[(a)](c), (d)[(e)] 4. The proposed amendments alluded to in paragraphs 2 3 above will result in consequential amendments to the Principal Act. 5. This section is deleterious to the effective and proper administrative arrangements to ensure free and fair elections The IEC must ensure that only those candidates who fully comply with the peremptory requirements provided for in section 27 of the Principal Act, are allowed to contest elections. Subsection (6) of section 30 of the Principal Act must be amended by the deletion thereof.

9. 6. AGENTS (New Clauses) Amendment of Section 58 of the Principal Act 1. Section 58 of the principal Act is hereby amended by the substitution of the heading with the following heading: 58. Appointment of [party] agents 2. Section 58 of the Principal Act is amended by the substitution for subsection (1) with following: (1) A party or an independent candidate contesting elections may appoint a number of agents for the election as prescribed . 3. By the amendment of subsection 58(2) as follows: (2) An [party] agent-

10. THANK YOU