South Africa - April 2023

On 17 April, South African President Cyril Ramaphosa signed into law the Electoral Amendment Act, a piece of legislation that allows independent candidates to contest national and provincial elections. It gives effect to a 2020 Constitutional Court ruling that declared the Electoral Act’s bar on independent candidates to be unconstitutional. The Act also provides for the establishment of an Electoral Reform Consultation Panel to make recommendations on future electoral reform. The law was welcomed by South Africa’s Electoral Commission, which said that it provided the necessary legal certainty to prepare for the 2024 general elections. However, an opposition party and several civil society organisations have declared their intention to challenge the constitutionality of the Electoral Amendment Act in court, alleging that its provisions unfairly disadvantage independent candidates and make it impossible for them to compete equally against candidates from political parties.

Sources: News24 (1),  Electoral Amendment Act, Constitutional Court Judgement, Electoral Commission of South Africa, News24 (2), Eyewitness News