WHAT'S NEW IN THE 2024 ELECTIONS

ELECTORAL COMMISSION UNPACKS THE ELECTORAL AMENDMENT ACT.

On 17 April 2023, the President signed into law the Electoral Amendment Bill.

This assent by the President provides the Electoral Commission with the necessary legal certainty required to prepare for the 2024 National and Provincial Elections,” says Chief Electoral Officer Sy Mamabolo.

Such certainty in the legal framework can only augur well for the Electoral Commission, the voting public, possible contestants, observers and other interested stakeholders,” says Mamabolo.

He indicates that the Electoral Commission has since finalised an integrated chart of electoral milestones which contains all activities and timelines that underpin preparations for 2024 Elections.

Mamabolo explains the foremost implications of the Act as follows:

1. For the first time individuals who are not associated with political parties will stand as candidates for elections into legislatures and the National Assembly.

2. It commits the country to a process of Electoral reform beyond the 2024 elections. Now that the policy choices for the coming elections have been made, the Electoral Commission will move with deliberate speed to finalise the supporting business applications necessary for the implementation of the Act. These include, among others:

a. Rewriting the Candidate Nomination System to facilitate the participation of independent candidates and unrepresented political parties together with a portal to enable candidates to capture the details of voters who support their candidature;

b. Redeveloping the Results System to facilitate the recordal of votes cast in favour of independent candidates and translating these into seats where the relevant threshold is met;

c. Updating platforms and mechanisms of liaison with parties to also include independent candidates;

d. Reviewing the Political Party Funding legislation in order to include funding of elected independents;

e. Ensuring enactment of consequential amendments and regulations to enable the realisation of the objects of the Act.

INDEPENDENT CANDIDATES

The Act determines the participation of independent candidates on the following basis:

1. An independent candidate may be nominated to contest in one or more regions but may only be elected to one seat in the National Assembly

2. An independent candidate may only be nominated to stand in a provincial legislature in a province in which they are registered.

3. An independent candidate may only be a member of either the National Assembly or a provincial legislature.

4. A prescribed declaration confirming that the candidate has submitted names, identity numbers and signatures of voters who support his or her candidature:

a. In relation to the election of the National Assembly, the names must equal 15% of the number of votes required to obtain a seat for that region in the preceding election if contesting only one region;

b. 15% of the highest of the quotas in the preceding election, if intending to contest in more than one region. Where the 15% of the highest of quotas is not achieved, that independent candidate may only contest in the region or regions as determined by the next highest quota met;

c. In relation to a provincial legislature, 15% of the votes required to obtain a seat in the preceding election, in respect of that province.

Further requirements include:

5. Candidates must pay a prescribed deposit. Deposits paid by independent candidates may be different from those paid by political parties.

6. Candidates must undertake to be bound by the Electoral Code of Conduct

7. Candidates must sign a declaration that they are not disqualified in terms of the Constitution.

8. In respect of provincial elections, candidates must sign a declaration that they are registered in that province.

BALLOT PAPERS

The participation of independent candidates in elections of the National Assembly as a consequence of the new law, has the following noteworthy implications:

1. The amended Act provides for an additional ballot paper in the election of the National Assembly thereby offering voters a choice of either a party or independent. The effect of this is that the regional and compensatory ballots are separate (two ballots instead of a single ballot as was previously the case). The regional ballot for the National Assembly includes parties and independents. The other national ballot contains only parties to restore proportionality. The ballots for the regional seats in the National Assembly will be region-specific in a manner similar to provincial legislature ballots.

2. The number of ballot papers for provincial legislature elections remains unchanged at one ballot per province. These will contain the names of parties and independent candidates.

Eligible voters will be able to register and re-register on the weekend of 18 and 19 November 2023 for the 2024 National and Provincial Elections

VOTER REGISTRATION

Ahead of each election, the Electoral Commission undertakes registration drives to register new voters and to enable already registered voters to inspect and where necessary update their registration details. These drives result in the updating of the voters’ roll. For this purpose, the Electoral Commission announced that it will open its network of approximately 24 000 voting stations over the weekend of 18 and 19 November 2023 to register new voters for the forthcoming elections and to facilitate inspection of the roll. Voting station-based registration represents the most equitable manner of equalising access to the vote.

For those with access to the internet they may register, check and update their details at any time before the proclamation of the elections by visiting www.elections.org.za. Voters may also visit the local offices of the Commission in each municipality to register and update their details.

VOTE WHERE YOU ARE REGISTERED

In National and Provincial Elections, voters vote at the voting station where they are registered. The new framework now provides that those who, for unavoidable reasons, are likely to find themselves outside of their voting station of registration, must give prior notice of their intention to vote at a different voting station.