The
Electoral Commission welcomes today’s judgement of the Constitutional Court in
relation to the challenges to the Electoral Amendment Act. The judgement
provides the necessary certainty in relation to the preparations of the 2024
National and Provincial Elections. The Electoral Commission will immediately
put in place the regulations necessary to give practical effect to revisions of
the electoral system in the light of the judgement handed down today by the
apex court.
The
Electoral Commission has always been of the view that the distribution of seats
of the National Assembly between the compensatory tier and the regional tier
was rational and satisfied the constitutional requirement for general
proportionality. The important confirmation of the Constitutional Court is that
the contestants in the regional tier of the elections are subject to the same
number of votes per seat. Furthermore, that no votes of independents are to be
transferred to political parties.
Pertinently,
the Electoral Commission will now finalise adjustments to the signature requirements
portal, so that prospective independent candidates and unrepresented parties
can start collecting and capturing. The signature portal, as well as the final
regulations, will be launched soon.
The
Electoral Commission notes the three-way judgement on the One South Africa
Movement twin challenges. This is indicative of the constitutional complexity
related to the design of an electoral system. The elements of the findings in
relation to the recalculation of formulae is a matter on which the soon to be
established Electoral Reform Consultation Panel will have to be seized with
going forward.
To view the recording of the Constitutional
Court handing down it’s judgement, go to https://www.youtube.com/watch?v=zlDyt8GU4pY.
ISSUED BY THE ELECTORAL COMMISSION
Ensuring free and fair elections
For media queries: Please contact Kate Bapela on 082 600-6386
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