Nosiviwe Mapisa-Nqakula has indicated that the Electoral Amendment Bill, if passed as is, may only be valid for the 2024 elections.
The National Assembly speaker told parliament's programming committee meeting that if the National Council of Provinces (NCOP) proposes changes to the bill, the National Assembly may only consider them after the elections.
This way, parliament will meet the Constitutional Court-imposed deadline of December 10 to enact the law and note changes proposed by the NCOP.
This would be unprecedented.
Mapisa-Nqakula said one possibility would be for parliament to extend its last term, which ends on December 1, to process proposed NCOP changes, or pass the bill without making them, but insert a footnote indicating they will be made immediately after the elections.
“In the event the NCOP decides it wants to refer this bill back to us, two things should be considered: we extend and do our work, [but] whether we agree on how long it would take us to get to the end of that process is one matter we will have to look into.
“The second possibility will be that of the NCOP passing the bill as is. Then, at the bottom, insert that as it is now, for the 2024 elections, that is the bill we will use, that’s the law we will use. However, immediately after the elections there should be a process [to amend] the legislation,” she said.
“It’s not as though we have no options in the event the NCOP were to send this bill back to the National Assembly.
“We may have to consider that option of having a footnote which says the bill will have to be amended immediately after the 2024 elections. Some work will have to be done, but for now we will have to use the current version to go to the 2024 elections.”
The speaker said she was raising this for MPs to consider before the November 16 meeting of the rules committee.
The National Assembly passed the bill last month amid opposition from civil society organisations which said it does not go far enough. If the NCOP proposes changes to a bill already passed by the National Assembly, it is sent back to the assembly for concurrence.
The Constitutional Court found in June 2020 that exclusive party proportional representation could no longer be used and that independent candidates should be allowed to stand for provincial and national elections.
In its judgment, the court gave parliament 24 months to correct the defect in the Electoral Act. The deadline was June 10, but the court extended it by six months when it was clear the legislature wouldn’t conclude its work in time.
Parliament is scheduled to adjourn on December 1 for its Christmas break.
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Contested electoral bill may only be used for 2024 general elections, Mapisa-Nqakula indicates
Image: ZKostile/Parliament
Nosiviwe Mapisa-Nqakula has indicated that the Electoral Amendment Bill, if passed as is, may only be valid for the 2024 elections.
The National Assembly speaker told parliament's programming committee meeting that if the National Council of Provinces (NCOP) proposes changes to the bill, the National Assembly may only consider them after the elections.
This way, parliament will meet the Constitutional Court-imposed deadline of December 10 to enact the law and note changes proposed by the NCOP.
This would be unprecedented.
Mapisa-Nqakula said one possibility would be for parliament to extend its last term, which ends on December 1, to process proposed NCOP changes, or pass the bill without making them, but insert a footnote indicating they will be made immediately after the elections.
“In the event the NCOP decides it wants to refer this bill back to us, two things should be considered: we extend and do our work, [but] whether we agree on how long it would take us to get to the end of that process is one matter we will have to look into.
“The second possibility will be that of the NCOP passing the bill as is. Then, at the bottom, insert that as it is now, for the 2024 elections, that is the bill we will use, that’s the law we will use. However, immediately after the elections there should be a process [to amend] the legislation,” she said.
“It’s not as though we have no options in the event the NCOP were to send this bill back to the National Assembly.
“We may have to consider that option of having a footnote which says the bill will have to be amended immediately after the 2024 elections. Some work will have to be done, but for now we will have to use the current version to go to the 2024 elections.”
The speaker said she was raising this for MPs to consider before the November 16 meeting of the rules committee.
The National Assembly passed the bill last month amid opposition from civil society organisations which said it does not go far enough. If the NCOP proposes changes to a bill already passed by the National Assembly, it is sent back to the assembly for concurrence.
The Constitutional Court found in June 2020 that exclusive party proportional representation could no longer be used and that independent candidates should be allowed to stand for provincial and national elections.
In its judgment, the court gave parliament 24 months to correct the defect in the Electoral Act. The deadline was June 10, but the court extended it by six months when it was clear the legislature wouldn’t conclude its work in time.
Parliament is scheduled to adjourn on December 1 for its Christmas break.
TimesLIVE
Support independent journalism by subscribing to the Sunday Times. Just R20 for the first month.
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