Electoral Amendment Act 1 of 2023

Question 1

What were the IMPLICATIONS OF THE ELECTORAL
AMENDMENT ACT 1 OF 2023?

Answer 1

1) Inclusion and nomination of independent candidates as contesters to elections in the National Assembly and provincial legislature

Question 2

What are the implications for independant candidates?

Answer 2

1) Requirements for nominations
2) Inspections of lists and accompanying documents
3) Providing for objections
4) List of IC entitled to contest eletcion
5)Appointment of agenda

Question 3

Electoral Reform Consultation Panel:
Minister of Home affairs established

Answer 3

1.1) Independent investigations and consultations
1.2) Panel make non-binding recommendations
2) Potential reforms of the electoral system for future elections of the National Assembly and the Provincial Legislation after the 2024

Question 3

NNM case
Questions

Answer 3

1)Which part of the Electoral Act unconstitutional did the court declare unconstitutional?
2) Judgement of the order was based predicated on which on what rights?
3) The Electoral Act of 1998 had to be amended by Parliament to provide for what?

Question 4

NNM case answers

Answer 4

1) Electoral Act of 1998 unconstitutional for stipulating that elections of NA and Provincial Legislatures may only be attained through memberships of political parties
2) Judgement of the order was predicated on rughts of association and dignity and Section 19.
3) Electoral Act of 1998 had to be ammended by parliament to inclusion and nomination of independant candidates as cotesters to elections in NA and Provinicial Legislatures
Courts left the choice of the electoral system to Parliament

Question 5

1)Process of how Bill becomes law ?
2)Electoral Amendment Act 1 of 2023 and its affect to election and more particularly the upcoming general elections in May 2024

Answer 5

1) Assent to and signing of Bills
2) Bill become an Act of Parliament
3) Electoral Amendment Act 1 of 2023 and affect to election
4) Electoral Amendment Act 1 and its affect to election and more particularly the upcoming elections in May 2024

Question 6

DOES THE ELECTORAL AMENDMENT ACT AFFECT THE ELECTORAL SYSTEM?

Answer 6

No, not the current proportional representation

Question 7

Members of the National Assembly (NA) and the nine Provincial
Legislatures are elected based on?

Answer 7

1)They are elected on a party list, compensatory proportional representation system.
2)

Question 8

How is political parties represented?
Independent candidates accommodated within the new system?

Answer 8

This means that political parties were represented in proportion to their electoral support
Independant candidates are accommodated within the system

Question 9

Two-tier multimember compensatory proportional system is preserved -Change to
South Africa’s electoral system?
Yes/No?

Answer 9

1)No change to SA’s electoral system

Question 9

400 seats in National Assembly
200 seats reserved for National listed (to be contested only by political parties)

Answer 9

Remaining 200 seats are divided by
1)Political party
2) Independent candidate

Question 10

Do Regions share the same geographical boundaries as provinces?

Answer 10

Yes

Question 10

Number of seats reserved for each region the same / different?

Answer 10

Different

Question 11

What are the number of seats reserved for each region determined by?

Answer 11

Determined by the Electoral Commission before every election, taking into account the number of votes per region

Question 12

Independent candidates will contest the 200 regional seats alongside political parties

Answer 12

Other 200 seats will be compensatory to bring back general proportionality for political parties

Question 12

How are votes determined?

Answer 12

1)Number determined on the basis of the size of the population in each province
2)Commission use census data as the base scientific data on
population

Question 13

Schedule 1A to the Electoral Act

Answer 13

Method of allocating seats in National and Provincial Elections

Question 14

Method of allocating seats in National and Provincial
Elections

Answer 14

1) The Electoral Commission will calculate the quota for a seat by dividing all valid votes
by number of seats, then adding one to the result and disregarding fractions.
2) The total number of valid votes cast in favor of a political party or independent candidate
is then divided by the quota
3) If an independent candidate obtains votes that entitles it more than one seat, that
candidates’ additional seat/s is forfeited.

Question 15

The first ballot:

Answer 15

Election of the compensatory 200 members of the National Assembly, which is only contested
by political parties on a closed liist basis

Question 16

The second ballot:

Answer 16

1) Regional elections of the 200 members of the National Assembly
2) Ballot will vary from region to region, depending on which parties and independent candidates contest the relevant regional election
3) Only the names of political parties and independent parties
4) that have met the requirements to
contest each regional election will appear on this ballot

Question 17

The third ballot:

Answer 17

Provincial ballot will be for electing the members of the provincial legislature in each province. It
contains the names of the political parties and independent candidates that have met the requirements to contest each provincial election

Question 18

What are members of the NA and the nine elected Provincial Legislatures based on?

Answer 18

1) Party-list, compensatory proportional representation system

Question 18

DOES THE ELECTORAL AMENDMENT ACT AFFECT
THE ELECTORAL SYSTEM?

Answer 18

No,not the current proportional representative system

Question 19

Amended Act requires the Minister of Home Affairs to establish the Electoral Reform Consultation
Panel.

Answer 19

Panel will make:
1) Non-binding recommendations on potential reforms of the electoral system.
2) Future elections of the National Assembly (NA) and Provincial Legislatures after the 2024 elections