An Overview of the Electoral Amendment Act and the Call for Public Comment

Recently, the Electoral Commission of South Africa has published draft regulations that pertain to the Electoral Amendment Act. These regulations seek public comment and provide a framework for independent candidates to participate in provincial and national elections. The purpose of this article is to provide readers with an in-depth analysis of the draft regulations and inform them about this significant development in South Africa’s democratic process.

Amendments to the Elections Regulations

The Electoral Commission has introduced amendments to simplify the process of casting special votes outside South Africa. These amendments aim to streamline the process for South Africans abroad. Furthermore, the draft regulations require that voters who intend to vote at polling stations where they are not registered must provide pre-notification. The pre-notification must be submitted by a specified date in the election timetable, which eliminates the option to make requests at voting stations on Election Day.

Amendments to the Voter Registration Regulations

The amendments to the Voter Registration Regulations provide provisions for online registration for prospective voters both within and outside South Africa. Additionally, the details that must be included in the voters’ roll are now clarified.

Amendments to Regulations Regarding Activities Outside Voting Stations on Voting Day

The scope of these regulations is broadened to incorporate independent candidates and agents.

Amendments to Regulations for the Registration of Political Parties

Online applications for party registration are now allowed. These amendments ensure that party information is protected under the Protection of Personal Information Act. The regulations also clarify that a party’s distinguishing symbol will be used on ballot papers.

Amendments to Regulations on Party Liaison Committees

The amendments to these regulations aim to include independent candidates and their representatives, facilitating their participation in Political Liaison Committees (PLCs).

Amendments to Regulations Concerning the Submission of Candidates

The regulations have been amended to assist in the nomination of independent candidates and outline requirements for their participation in elections. Moreover, the Act provides that political parties and independent candidates must deposit specified amounts to contest elections. These deposits aim to minimize frivolity and establish serious contestants, enabling the Commission to make proper arrangements for exercising the right to public office.

The proposed amounts for deposits are based on several considerations, such as adjustments for inflation since 2014 and the requirement that the deposit amount for independent candidates contesting provincial legislature elections must be less than that for National Assembly elections. Additionally, deposits for independent candidates may differ from those prescribed for political parties.

The South African public is encouraged to provide feedback on the draft regulations. Public comments must be submitted electronically to deposits@elections.org.za by 27 August 2023. The Government Gazettes on the six amendments to regulations and proposed election deposits can be found on the Electoral Commission’s website.

The Electoral Commission warns voters to be aware of fraudulent websites advertising voter registration and job vacancies on their behalf. Legitimate job vacancies can be found on the Electoral Commission’s official website and social media pages. Suspicious messages should be reported to info@elections.org.za.

The Electoral Amendment Act and its accompanying draft regulations signify significant changes to South Africa’s electoral process. The invitation for public comment highlights the importance of citizen participation in shaping the country’s democratic system. As such, South Africans should seize this opportunity to engage with and contribute to these crucial developments.