27 November 2023 

 

The public must have access to adequate information related to the electoral system in order to be able to fully exercise their political rights. We, therefore, call on Home Affairs Minister Aaron Motsoaledi to publish the progress reports on the Electoral Reform consultation panel and the Electoral Matters Amendment Bill. 

 

On 21 November, Minister Motsoaledi was scheduled to appear before the Portfolio Committee on Home Affairs to provide an update on the Electoral Reform Matters Bill as well as the Reform panel but did not attend. 

 

The Electoral Reform Consultation Panel 

The Electoral Amendment Act of 2023 came into effect on 19 June 2023, stipulating that an Electoral reform panel should be established by Parliament within four months of the commencement of said Act. More than two months have passed since this deadline! Civil society organisations, including the Organisation Undoing Tax Abuse, Defend our Democracy and My Vote Counts have called on Minister Motsoaledi to publicise the progress report, with no substantial response. Our letter requested; a) for the Minister to provide a timeline for the appointment of the Panel, and b) confirmation on whether the Bill will be served at a Cabinet meeting as mentioned in the Minister’s communication to Mr. Mosa Chabane (Chairperson of the Portfolio Committee for Home Affairs) on 17 October 2023.  

 

The Electoral Matters Amendment Bill 

We note that the Minister has admitted to a delay in the processing of the Electoral Matters Amendment Bill due to various processes, along with the recognition that this should be expedited for processing. Further to this, the Minister’s intention is to present the Bill before Cabinet in November 2023. However, as of 27 November no timeframe or update has been provided.  

 

Such delays will impede the Electoral Commission’s (IEC) ability to adequately prepare for the 2024 national and provincial elections. In effect, their ability to facilitate free and fair elections for both independent candidates and voters, as well as their ability to promote voter education in time for the elections. Considering the last election’s low voter turnout, empowering citizens with electoral knowledge will be pivotal in attempts to ensure that citizen’s meaningful participation in arguably, the most crucial democratic process of them all, is encouraged and strengthened. 

 

As the country prepares for the holiday season, and many state organs prepare to close, it is imperative that these issues are urgently finalised. While the Electoral Matters Amendment Bill and the establishment of a reform panel are related, these are two independent processes that should not be made to appear mutually exclusive. Moreover, this vacuum in communication further impinges on various constitutional rights, the foremost in this case being citizen’s rights to access to information. 

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