Electoral Amendment Bill: adoption

Meeting report

Opening remarks

Mr Eddie Mathonsi, Committee Secretary, informed the Members that the Chairperson would join the meeting 10 minutes late, and had requested Ms M Modise (ANC) to chair the meeting in the meantime.

Ms Modise welcomed the Members to the meeting and asked the State Law Advisors to take the Committee through the clause-by-clause deliberations on the Electoral Amendment Bill.

Clause-by-clause adoption of the Electoral Amendment Bill

Ms Sarah Govender, Senior State Law Advisor, Office of the Chief State Law Advisor (OCSLA), asked that the C list of the Electoral Amendment Bill be flighted. She read through the amendments clause-by-clause.

(See attached for details)

Clause 3

Ms T Legwase (ANC) moved for the adoption of Clause 3.

Mr A Roos (DA) seconded.

Mr T Mogale (EFF) noted the objection of the EFF.

Clause 6

Ms Legwase moved for the adoption of Clause 6.

Ms L van der Merwe (IFP) seconded.

Mr Mogale noted the objection of the EFF.

Clause 21

Ms Modise moved to adopt Clause 21.

Adv B Bongo (ANC) seconded.

Mr Roos noted the objection of the DA.

Mr J Mulder (FF+) noted the objection of the FF+.

The Chairperson informed Mr Mulder that he was not able to carry a vote in the meeting. Mr Mulder was only allowed to contribute to the discussion.

Clause 23

Adv Bongo moved for the adoption of Clause 23.

Mr K Pillay (ANC) seconded.

Mr Mogale noted the objection of the EFF.

Ms van der Merwe noted the objection of the IFP.

Consideration and adoption of the Electoral Amendment Bill

Mr Pillay moved for the adoption of the Bill.

Ms Modise seconded.

The Chairperson noted the objections of the DA, the EFF and the IFP.

Independent Electoral Commission (IEC) Input

Mr Mosotho Moepya, Chairperson, IEC, informed the Chairperson that his colleagues had noticed a reference error. It was not a material error, but if the error stayed in the amendments, it would then be problematic. It was a reference to a paragraph that had been taken away.

The Chairperson asked if the reference error was in the clauses that had been read.

Mr Moepya said that the Chief Electoral Officer (CEO) of the IEC would explain the reference error.

Mr Sy Mamabolo, CEO, IEC, referred to item 23(e) of Schedule 1. He said there was a reference to paragraph g, but paragraph g had been removed from the Schedule, so it was a reference to a paragraph that was non-existent.

Ms Govender said that the reference error was not in the C list that had been flighted, but was found in the D Bill.

Mr Mamabolo referred to page 18, lines 50 and 51 of the D Bill. Item 23(e) read “The aggregate of such a party’s awards in terms of paragraphs (c) and (d) in respect of such region or province, subject to paragraphs (f) and (g)…". He said that paragraph g was omitted, so the reference to paragraph g was no longer required.

The Chairperson asked if the State Law Advisors had noted the error.

Ms Govender replied that the OCSLA had noted the change that the IEC had brought to its attention. The OCSLA would need a few minutes to give effect to the change in the C list, if the Committee required that it had to be presented immediately.

The Chairperson thanked the IEC for noting the error. He asked the State Law Advisors how long it would take to make the correction.

Ms Govender replied that it would take about 30 minutes.

Mr Pillay asked if it was possible for the Committee to accept the change, and then allow the State Law Advisors to effect it.

The Chairperson said that he wanted to avoid asking the Committee to return in 30 minutes. He asked Ms Govender if the Committee could consider the correction, and then allow the State Law Advisors to effect the change.

The Committee Secretary said it was possible for the Committee to adopt the amendments with the change that would be made.

Ms Suraya Williams, Principal State Law Advisor, said the proposed amendment was already corrected in the C list. It was just a matter of transferring the changes from the C list to the D Bill. It was correctly reflected in the C list, and the Committee voted on the C list. The Committee had voted on the correct clause. The change would be made to the D Bill.

The Chairperson asked Mr Moepya if the IEC was comforted by the State Law Advisor’s response.

Mr Moepya agreed.

The Chairperson asked that the Members consider the correction.

Mr Pillay moved for the reference error to be corrected.

Ms Legwase seconded.

Committee report on the Electoral Amendment Bill

The Committee Secretary read through the report.

The Chairperson said that the report reflected the Committee’s deliberations on the Bill.

Mr Pillay moved for the adoption of the report. Ms Modise seconded.

The Chairperson noted the objection of the DA and EFF.

Read: ATC230210: Report of the Portfolio Committee on Home Affairs on the Electoral Amendment Bill [B 1 B – 2022] (National Assembly – sec 75), dated 10 February 2023

Closing remarks

The Chairperson thanked the Members for their contributions and for considering the Electoral Amendment Bill and the Committee report. He thanked the IEC, the Parliamentary Legal Services, the State Law Advisors, the Ministry, the Department's legal counsel and Committee staff who had contributed to this cause. He said that the Members, the public, civil society organisations and political parties had expressed different views on how the Electoral Amendment Bill should be handled.

He thanked all stakeholders for interacting with the directive of the Constitutional Court. He appreciated the efforts that had been made during this process.

The meeting was adjourned.