Electoral Amendment Act does not pass constitutional muster — that’s why we’re taking it to court
By Michael Louis READ ARTICLE HERE: https://cb.run/r3Ru We remain of the belief that the act is unconstitutional and that it does not pass the requirement of ‘one vote is equal to one seat’ and does not pass the constitutional provisions of ‘in general proportionality’. The South African political space has become an oligopoly of bad options […]
Concourt challenge to Electoral Act
Illustration: Lisa Nelson
A Report on key numerical and constitutional implications of the electoral system as amended by the Electoral Amendment Act
VIEW THE DOCUMENT HERE: https://bit.ly/3MZncNq The recently enacted Electoral Amendment Act, 1 of 2023, has introduced significant changes to the electoral system in relation to independent candidates seeking election to the National Assembly. In light of these amendments, a comprehensive report has been compiled to assess the key numerical and constitutional implications of the revised […]
Concourt application to challenge Electoral Act
VIEW THE AFFIDAVIT HERE: https://bit.ly/45zENCY The Independent Candidate Association SA (ICA SA) has recently submitted an application to challenge the electoral act, sparking significant interest and anticipation among political enthusiasts and observers. As an independent organization representing candidates outside the traditional party system, ICA SA aims to redefine the landscape of electoral politics in South […]
NOTICE OF MOTION
IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA In the matter between:INDEPENDENT CANDIDATE ASSOCIATIONSOUTH AFRICA NPC Applicant(Registration Number 2021/616521/08)andPRESIDENT OF THE REPUBLIC OF SOUTH AFRICA First RespondentSPEAKER OF THE NATIONAL ASSEMBLY Second RespondentCHAIRPERSON OF THE NATIONAL COUNCILOF PROVINCES Third RespondentMINISTER OF HOME AFFAIRS Fourth RespondentINDEPENDENT ELECTORAL COMMISSION Fifth RespondentALL POLITICAL PARTIES REGISTERED FORELECTIONS FOR THE NATIONAL […]
Ramaphosa’s electoral reform headache as December deadline looms
by Michael Appel Opposition to the electoral amendment bill, in its current form, continues to grow, with Ramaphosa under increasing pressure to act before the 10 December deadline. In June 2020, the Constitutional Court ordered Parliament to make the necessary legislative changes to the existing electoral law, which makes it impossible for an independent candidate to […]
OPINION | Michael Louis: Electoral reform – power lies with the people, not the politicians
By Michael Louis Civil society has made submissions to the NCOP on 9 November, making a case for why the electoral reform bill is defective and cannot become law in its current form. Last week Parliament sat to put the final touches on a piece of legislation that was initiated by a legal challenge that […]
OPINION | The ‘Kairos’ moment: Our last chance for electoral reform
By Michael Louis Michael Louis calls on civil society and the public to make submissions on the electoral amendment bill, writing that we must collaborate and stand firm to make the best of this opportunity that will not come around again in this generation. When I – along with many others – began the legal […]
OPINION | Michael Louis: Stop playing Russian roulette with our right to vote
by Michael Louis It is not by chance that currently more than 77 civil organisations, including religious, business and trade unions, are unsettled, and the objection to the current draft Electoral Amendment bill, passed by the standing committee last week, is gaining momentum, writes Michael Louis. Home Affairs Minister Aaron Motsoaledi is playing Russian roulette […]
Approval of Electoral Amendment Bill is yet another constitutional crisis in the making
By Michael Louis Civil society has been given no other option than to rely on the courts and civil mobilisation to realise its constitutional rights and reform this electoral system. Wednesday 12 October 2022 marked a Kairos day in 28 years of democracy when Parliament’s Portfolio Committee on Home Affairs approved the Electoral Amendment Bill to […]