OPINIONISTA: The parody that is public participation in South Africa laid bare at Electoral Bill hearings

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The public hearings into government’s proposed new Electoral Bill have thus far been something of a farce, totally ignoring the Constitutional Court’s ruling on the inclusion of independent candidates in elections.

Last week the much-anticipated public hearings into government’s proposed new Electoral Bill commenced, affording South Africans the opportunity to have their say on which new electoral system is to be adopted and implemented ahead of the 2024 National and Provincial Elections.

It is evident that Parliament and the provincial legislatures have failed in their duty to educate the public on the importance of the bill as well as the purpose of public participation. The most glaring example of this is that many people have made submissions in favour of or against the inclusion of independent candidates.

Instead of participants picking between a constituency-based system vs a proportional representation system , participants are two years behind the curve and still debating the inclusion of independent candidates as a concept. The choice at these public hearings should have been simple: Do you prefer a constituency-based system or a proportional representation system in order to integrate independent candidates.

Using this superficial rationale, the executive has usurped Parliament. While the Constitutional Court gave Parliament the mandate to change the law, the minister has decided on the policy direction of the bill. The executive has decided and now expects Parliament to rubber-stamp its decision. This is not what the court-ordered.

 

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