The Electoral Amendment Bill, now assented to, falls short and will not pass the rationality test
17 April 2023 - 14:24
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The Inclusive Society Institute has noted the president’s assent to the Electoral Amendment Bill. Of course, we welcome the introduction of independent candidates into the electoral system for national and provincial legislatures, but their participation should be based on rational rules and regulations. The institute believes the current bill, now assented to, falls short and will not pass the rationality test.
For example, it cannot be right that an independent candidate can stand in all nine provinces but they will not be allowed to aggregate the votes, while a small party may do so. It is quite conceivable that independent candidates and small parties will have the same number and distribution of votes across the country, but due to the aggregation rule the independent could be excluded, while the party could gain seats. That must go against the constitutional principle of equality.
The institute’s legal team is currently weighing the its options. It is morally and ethically obliged to challenge unconstitutional law.
Berenice Marks Executive secretary, Inclusive Society Institute
JOIN THE DISCUSSION: Send us an email with your comments to letters@businesslive.co.za. Letters of more than 300 words will be edited for length. Anonymous correspondence will not be published. Writers should include a daytime telephone number.
Support our award-winning journalism. The Premium package (digital only) is R30 for the first month and thereafter you pay R129 p/m now ad-free for all subscribers.
LETTER: Unconstitutional laws must be challenged
The Electoral Amendment Bill, now assented to, falls short and will not pass the rationality test
The Inclusive Society Institute has noted the president’s assent to the Electoral Amendment Bill. Of course, we welcome the introduction of independent candidates into the electoral system for national and provincial legislatures, but their participation should be based on rational rules and regulations. The institute believes the current bill, now assented to, falls short and will not pass the rationality test.
For example, it cannot be right that an independent candidate can stand in all nine provinces but they will not be allowed to aggregate the votes, while a small party may do so. It is quite conceivable that independent candidates and small parties will have the same number and distribution of votes across the country, but due to the aggregation rule the independent could be excluded, while the party could gain seats. That must go against the constitutional principle of equality.
The institute’s legal team is currently weighing the its options. It is morally and ethically obliged to challenge unconstitutional law.
Berenice Marks
Executive secretary, Inclusive Society Institute
JOIN THE DISCUSSION: Send us an email with your comments to letters@businesslive.co.za. Letters of more than 300 words will be edited for length. Anonymous correspondence will not be published. Writers should include a daytime telephone number.
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