Electoral Amendment Act, 2023 | |
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Parliament of South Africa | |
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Citation | Act 1 of 2023 |
Territorial extent | South Africa |
Passed by | National Assembly |
Passed | 20 October 2022 |
Passed by | National Council of Provinces |
Passed | 29 November 2022 |
Signed by | Cyril Ramaphosa |
Signed | 13 April 2023 |
Commenced | 19 June 2023 |
Legislative history | |
First chamber: National Assembly | |
Bill title | Electoral Amendment Bill |
Bill citation | B1-2022 |
Introduced by | Aaron Motsoaledi, Minister of Home Affairs |
Introduced | 9 January 2022 |
Passed | 20 October 2022 |
Voting summary |
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Second chamber: National Council of Provinces | |
Bill citation | B1B-2022 |
Received from the National Assembly | 20 October 2022 |
Passed | 29 November 2022 |
Final stages | |
National Council of Provinces amendments considered by the National Assembly | 22 February 2023 |
Voting summary |
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Finally passed both chambers | 22 February 2023 |
Status: In force |
The Electoral Amendment Act, 2023 (Act 1 of 2023) is legislation aimed at reforming the electoral laws and regulations in South Africa. Its primary purpose is to address specific issues and challenges in the country's electoral process, ensuring that it is more inclusive, representative, and democratic. [1] [2] [3]
The South African Electoral Amendment Bill was first introduced in 2020, following concerns about the country's electoral system, particularly regarding the representation of smaller political parties as well as independent candidates. [4] The bill was drafted in response to a 2019 Constitutional Court judgment, which declared certain aspects of the Electoral Act unconstitutional. The bill aims to address these issues and align the electoral laws with the country's Constitution. [1] [5]
On April 17, 2023, the President of South Africa, Cyril Ramaphosa, signed the bill into law. [3] The law aims at expanding electoral participation and also widens the power of leadership choices for the national and provincial elections. This bill was passed in response to a Constitutional Court judgment that declared that the 1998 Electoral Act that was not constitutional for the stipulation that the election to the provincial legislatures and National Assembly can only be attained through the membership of the political parties. [6]
The South African Electoral Amendment Bill seeks [7] to allow independent candidates to contest the national and provincial elections, introduce a more proportional representation system, enhance the independence and impartiality of the Electoral Commission, and improve the transparency and accountability of political party funding. It also seeks at strengthen electoral integrity and prevent fraud. [8] [9] [10] [7]
Due to a lack of public participation in the course of preparing the legislation ahead of the 2024 South African general election a review clause was included in the legislation providing for the establishment of the Electoral Reform Consultation Panel to allow for a more comprehensive review of South Africa's electoral system. [11]
The bill was formed through a collaborative process involving the South African Parliament, political parties, civil society organizations, and citizens. The process included public hearings and consultations to gather input and feedback, expert analysis and research on electoral systems and best practices, drafting and refinement of the bill's provisions and language, as well as debate and voting in Parliament to approve or reject the bill. [12]
The South African Electoral Amendment Bill was formed to address concerns about the underrepresentation of smaller political parties including independent candidates of the national and provincial legislatures, the need for a more proportional representation system to reflect the diversity of South African society, and the importance of ensuring the independence and impartiality of the Electoral Commission. Other concerns include the need for greater transparency and accountability in political party funding, the requirement to strengthen electoral integrity and prevent fraud, ensuring the trust and confidence of citizens in the electoral process. [12]
The Republic of South Africa is a unitary parliamentary democratic republic. The President of South Africa serves both as head of state and as head of government. The President is elected by the National Assembly and must retain the confidence of the Assembly in order to remain in office. South Africans also elect provincial legislatures which govern each of the country's nine provinces.
The New Zealand Parliament is the unicameral legislature of New Zealand, consisting of the Sovereign (King-in-Parliament) and the New Zealand House of Representatives. The King is usually represented by his governor-general. Before 1951, there was an upper chamber, the New Zealand Legislative Council. The New Zealand Parliament was established in 1854 and is one of the oldest continuously functioning legislatures in the world. It has met in Wellington, the capital of New Zealand, since 1865 and in its current building since 1922.
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government.
The Freedom Front Plus is a right-wing political party in South Africa that was formed in 1994. It is led by Pieter Groenewald. Since 2024, it is a part of the current South African government of national unity together with the African National Congress (ANC), the Democratic Alliance and other parties.
The United Democratic Movement (UDM) is a centre-left, social-democratic, South African political party, formed by a prominent former National Party leader, Roelf Meyer, a former African National Congress and Transkei homeland leader, General Bantu Holomisa, and a former ANC Executive Committee member, John Taylor. It has an anti-separatist, pro-diversity platform; and supports an individualist South Africa with a strong moral sense, in both social and economic senses.
The National Council of Provinces (NCOP) is the upper house of the Parliament of South Africa under the (post-apartheid) constitution which came into full effect in 1997. It replaced the former Senate, but is very similar to that body, and to many other upper houses of legislatures throughout the world, in that its purpose is to represent the governments of the provinces, rather than directly representing the people.
The Constitutional Court of South Africa is the supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction.
Elections Manitoba is the non-partisan agency of the Government of Manitoba responsible for the conduct and regulation of provincial elections in Manitoba.
The Public Protector in South Africa is one of six independent state institutions set up by the country's Constitution to support and defend democracy.
The Gauteng Provincial Legislature is the legislature of the South African province of Gauteng. It is a unicameral body of 80 members elected every five years. The current legislature, the seventh, was elected on 29 May 2024 and is a hung parliament with no overall majority for any party, with the African National Congress having lost its previous majority, but remaining the largest party with 28 members. The legislature is housed in Johannesburg City Hall in central Johannesburg.
Busisiwe Mkhwebane is a South African advocate and prosecutor served as the 4th Public Protector of South Africa from October 2016 until her impeachment in September 2023. Following her impeachment, she served as a Member of the National Assembly of South Africa from October 2023 to October 2024, representing the EFF. She is the first head of a Chapter 9 institution to be removed through impeachment.
General elections were held in South Africa on 8 May 2019 to elect a new President, National Assembly and provincial legislatures in each province. These were the sixth elections held since the end of apartheid in 1994 and determined who would become the next President of South Africa.
Mondli Gungubele is a South African politician and trade unionist who is the current Deputy Minister of Communications and Digital Technologies and a member of the National Assembly of South Africa for the African National Congress. He previously served as Executive Mayor of the Ekurhuleni Metropolitan Municipality (2010–2016), as Deputy Minister of Finance (2018–2019), as Chairperson of the Social Development Committee (2019–2021) and as Minister in the Presidency (2021–2023).
General elections were held in South Africa on 29 May 2024 to elect a new National Assembly as well as the provincial legislature in each of the nine provinces. This was the 7th general election held under the conditions of universal adult suffrage since the end of the apartheid era in 1994. The new National Council of Provinces (NCOP) will be elected at the first sitting of each provincial legislature.
Masefako Clarah Dikgale is a South African politician who was a Member of the National Assembly of South Africa from 2019 to 2023. Prior to serving in the National Assembly, she served as a permanent delegate to the National Council of Provinces from Limpopo from 2009 to 2019. Dikgale is a member of the African National Congress.
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Joanmariae Louise Fubbs is a South African retired politician, educator and poet. A member of the governing African National Congress, she was a Member of the Gauteng Provincial Legislature from 1994 until 2004 when she was elected to the National Assembly of South Africa. Following her re-election in 2009, she was elected chairperson of the Portfolio Committee on Trade and Industry, a position she would hold until she left Parliament at the 2019 general election.
The Third Cabinet of Cyril Ramaphosa, also referred to as the Government of National Unity (GNU), was formed following the election of Ramaphosa to a second full term as President of South Africa following the 2024 general election. His party, the African National Congress (ANC), lost its absolute majority in the parliamentary election and was reduced to a plurality in the National Assembly. Following the election, the parties engaged in negotiations on forming a coalition government. On 14 June 2024, the ANC, the Democratic Alliance (DA), and its led Multi Party Charter, Patriotic Alliance (PA) and Good, agreed to form a landmark national unity government, with Cyril Ramaphosa being re-elected President of South Africa. This marks the first time the ANC has had to govern without an absolute majority since the end of apartheid in 1994.