Electoral Matters Amendment Bill: adoption

NCOP Security and Justice

20 March 2024
Chairperson: Ms S Shaikh (ANC, Limpopo)
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Meeting Summary

Video

The Select Committee held a brief meeting to consider the Electoral Matters Amendment (EMA) Bill and its accompanying report.

The Bill makes consequential amendments, which arise from the introduction of independent candidates and independent representatives in the National Assembly and provincial legislatures.

The bill was adopted despite objections from the DA and IFP. The report was also approved.

Meeting report

The Chairperson welcomed all those who were present in the meeting.

Thereafter, she indicated that the meeting would focus on adopting the EMA Bill and its accompanying report. Members deliberated on the Bill in the previous meeting and received responses from the department and Parliamentary Legal Services (PLS).

Adoption of the Electoral Matters Amendment Bill

The Chairperson requested a mover to adopt the Bill with the amendments.

Mr T Dodovu (ANC, NW) moved to adopt the bill with the amendments.

Ms N Ndongeni (ANC, Eastern Cape) seconded the mover.

The Chairperson asked if there were any objections or abstentions.

Mr R Badenhorst (DA, Western Cape) said the DA objected to the Bill.

Mr N Hadebe (IFP, KZN) expressed the IFP’s objection to the Bill.

The Bill was duly adopted by the Committee with amendments, noting the objections from the DA and IFP.

Committee report on the Electoral Matters Amendment Bill

Mr Gurshwyn Dixon (Committee Secretary) took the Committee through the report.

The Chairperson reminded the Committee that the DA requested in the previous meeting that its opposition to the Bill be included in the report after providing supporting reasons.

She asked if Members wanted to make any additions or corrections to the report.

Mr Badenhorst asked if the report would include the fact that PLS had written a letter to the Speaker highlighting a lacuna that may arise due to the regulations contained in Clause 29 (g) and (h).

The Chairperson mentioned that this would ordinarily be included in the Committee’s minutes for that meeting. Nonetheless, she said if the Committee accepted the recommendation, a line should be included in the report stating that the PLS informed the Committee of its written legal opinion to the Speaker, highlighting a lacuna that may arise due to the regulations contained in Clause 29 (g) and (h).

Mr Badenhorst supported the Chairperson’s proposal.

The Chairperson requested a mover to adopt the report.

Ms M Bartlett (ANC, Northern Cape) moved to adopt the report.

Mr K Motsamai (EFF, Gauteng) seconded the mover.

The report was duly adopted, noting the DA’s objection.

The Chairperson took the opportunity to thank commentators and Members for their input on the Bill and the PLS, department, and Independent Electoral Commission (IEC) for their assistance in processing it on time.

The Committee, she said, was satisfied that the Bill complied with the Constitutional Court’s judgement in the New Nation Movement NPC vs the President of the Republic of South and Others, to provide that adult citizens may contest elections for the National Assembly and provincial legislatures as independent candidates.

After those remarks, she indicated that the Magistrates Commission requested that its meeting with the Committee, scheduled for next Wednesday, be rescheduled for another date.

The meeting was adjourned.

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