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
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