GEORGE NEWS - In June last year the Constitutional Court affirmed the right of individuals to run in the national and provincial elections scheduled for later this year. "This step that broadens our democracy should be welcomed as it meaningfully expands the scope for voters to exert direct influence on policy making," says Kelebogile Leepile, spokesperson for the South African Institute of Race Relations (IRR).
In December, Mosiuoa Lekota, Cope party president, announced his intention to table a private member's bill to Parliament, to amend the electoral law which will enable individuals not representing a political party to be elected to provincial legislatures and Parliament.
In a June 2018 judgement, Chief Justice Mogoeng Mogoeng said individuals should be allowed to stand as independents in provincial and national elections. Currently, individuals can run as independents in local government elections if they stand as a ward councillor.
This is not allowed at provincial or national level because, as the electoral system stands, representatives can be chosen only from lists provided by political parties.
At local government level, by contrast, the electoral system is mixed, with half of representatives being elected to represent wards and the other half being allocated from party lists, to ensure representation in municipal councils.
The upshot of Chief Justice Mogoeng's judgement is that the electoral system we use at national and provincial level will need amending to allow individuals to stand as independents. This should not be difficult. The Electoral Act will need to be changed, but nothing in the Constitution would prevent it - our democracy's cornerstone document requires only that the electoral system be proportional.
An amended electoral system will be fairer for the man in the street as currently, representatives in Parliament and the nine provincial legislatures are beholden to party bosses rather than the people who vote for them.
There are a number of potential new systems. The country could replicate the municipal system used at provincial and national level, where half of representatives are elected from constituencies and half from party lists, to ensure proportionality.
This system is used in a number of countries, including Lesotho, New Zealand, and Germany.
The actual mechanics of a new system can be discussed, but the potential changes to our electoral system, which will allow independents to run and should result in at least some MPs and MPLs being elected from geographical constituencies, is very good news.
"It is not a silver bullet to solve all the country's problems, but it will increase accountability in South African politics, and greater engagement by ordinary citizens. It is a step that will only benefit South African democracy," said Leepile.
Unfortunately, chances are almost zero that if approved, the amended electoral law and accompanying logistics would be in place for the upcoming elections in May.
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