Chairperson, Minister Dlamini-Zuma, hon members, comrades and friends, through gallant struggles guided by the application of strategy and tactics over time in different stages of our political struggle, we finally, in essence, ushered in a multiparty constitutional democracy in 1994. This opened the door for our people to take their future into their own hands.
We have chosen a combination of proportional and ward-based elections at local government level. The Constitution dictates that the object of local government is to provide democratic and accountable government for local communities and to ensure the provision of services to those communities in a sustainable manner, among other things.
Government by the people is the essence of constitutional democracy, which in principle is underpinned by the maxim: "The voice of the majority shall prevail, and the voice of the minority shall be heard." In this regard, while the majority enjoys the prominence, the minority views are not disregarded.
Our Constitution assures the protection of the rights of individuals, groups and communities by entrenching these rights in the Bill of Rights. Indeed, the rights entrenched in the Bill of Rights should be accessed.
In this regard, section 7(2) of the Constitution provides that: "The state must respect, protect, promote and fulfil the rights in the Bill of Rights." It is therefore incumbent upon Parliament, as the legislative arm of the state, to pass legislation that is in keeping with the spirit and purpose of the Constitution. Therefore, legislation that is passed should not only withstand constitutional muster, but should also give expression to the rights entrenched in the Bill of Rights.
We must therefore take the forthcoming local government elections as presenting us with an important challenge to ensure that this sphere of government performs optimally with regard to all our socioeconomic programmes directed at the further improvement of the quality of life of all our people.
We have to work to improve the effectiveness and efficiency of our system of local government. Accordingly, we have to prepare the incoming councillors to understand their tasks and to enable them to properly discharge their legislative and executive responsibilities. This Bill is in line with the ideal to ensure that each of the districts and metropolitan municipalities have the necessary managerial, professional and technical staff to enable them to implement the required developmental programmes.
This has to ensure that our system of co-operative governance also functions optimally and thus creates the conditions for the provincial and national governments to work closely with our municipalities to improve their capacity to implement their programmes.
In the same vein, the 2004 ANC election manifesto made a commitment to promoting better co-operation among national, provincial and local government in an integrated manner. This amending Bill is within these broad principles.
Clause 3 of this Bill provides for central payment for parties contesting elections in more than one municipality on the same day. This clause amends the principal Act which does not allow for payment of deposits for candidates contesting an election to be paid centrally. This has been an administrative problem which created unnecessary restrictions for parties, whereas we do not want restrictions that can technically disqualify parties.
Clause 5 of the Bill gives powers to the presiding officer, after consultation with party agents and members of the security services, to redetermine and redemarcate the boundary of a voting station if necessary. It has not been possible under the principal Act to strengthen security and have flexible control. The issue of the voting boundaries is very important and here we want to promote access to this participatory democracy and ensure efficiency and access.
This Bill amends section 39 of the principal Act in cases where a voting station accommodates a big number of voters so that the voting process can be divided into streams in separate rooms. In this regard, the IEC may allow more than two agents for parties. This is indeed a very progressive amendment.
Clause 7 of the Bill entrenches another constitutionally fundamental right with regard to physically challenged persons. In this regard, the presiding officer may assist the voter that requires assistance due to physical disability, including blindness or other visual impairment, in order for him or her to cast his or her vote. Section 48 of the principal Act prohibits such specific assistance with the category of voters who are blind or have other visual impairments. This amendment is directly in line with the Constitution.
In clause 8 the Bill creates specific provisions for special votes. It allows any voter who is unable to vote on voting day to apply in a prescribed manner and be allowed, prior to voting day, to cast a special vote within that voting district. We must rally behind this amendment because it entrenches the fundamental right of franchise. It must be noted that section 55 of the principal Act, which is being amended, does not allow for any special votes. According to the principal Act, voting must occur on voting day and in the voting district where a voter is registered.
Clause 9 provides that if the commission is unable to determine and declare the result of an election within seven days as required by the Electoral Commission Act, it may, within that period, apply to the Electoral Court for an extension of the period and must furnish good reasons for doing so.
Clause 10, in essence, permits an interested party to lodge an objection material to the result of an election with the commission concerning various stipulated grievances. The Bill enhances an effective and fair process by way of entrenching the democratic right to object. In the same vein, the principal Act is a little bit rigid and narrow in this particular respect.
In conclusion, this Bill seeks to deepen participatory democracy to ensure that electorates, parties and independent candidates are accommodated. It further promotes transparency and accountability which is entrenched in our Constitution.
Indeed, this has a direct bearing on the local and municipal level of governance. This Bill promotes access of parties and individuals to all levels of the organs of popular people's power in order to enhance the objectives of nation-building and the deepening of democracy.
We must rally behind this Bill to ensure its successful implementation. One thing for sure is that we agree on the importance of the local and municipal levels of governance in bringing representative democracy closer to our people.
In this regard, as the ANC we support the Local Government: Municipal Electoral Amendment Bill, 27B of 2010. We hope and appreciate everything the other parties have said in supporting this particular Bill. I thank you. [Applause.]