On 10 January 2019, the South African National Council of Provinces (NCOP) adopted the Electoral Laws Amendment Bill (the Bill).
The Bill seeks, amongst other things, to amend the Electoral Commission Act, 1996, the Electoral Act, 1998 and the Local Government: Municipal Electoral Act, 2000. Some of the key objectives of the proposed amendments in the Bill include the following:
- To provide for the use of all available sources of data to obtain information necessary for the Independent Electoral Commission (the Commission) to compile and maintain the national common voters’ roll.
- To provide for different voting procedure for voters without addresses on the voters’ roll.
- To provide for the exclusive jurisdiction of the Electoral Court to adjudicate intra-party leadership disputes that have an impact on the Commission’s preparation for elections.
- To regulate the publication of, and objections to, a provisionally compiled voters’ roll ahead of elections in order to establish a structured process for resolving these objections without jeopardising the preparations for elections.
- To clarify that the cut-off date for the registration of voters for an upcoming election must be the date of proclamation of an election date.
- To repeal the requirement that the identity document of a voter must be stamped as proof of voting.
- To limit the class of persons who may apply for accreditation to provide voter education for an election to juristic persons.
- To provide for the prohibition of the use of public finances to fund party political campaigns.
The statement issued by the NCOP is accessible here.
The Bill (B33B-2018) is accessible here.
Please note: The information contained in this note is for general guidance on matters of interest, and does not constitute legal advice. For any enquiries, please contact us at [email protected].