NCOP adopts Electoral Laws Amendment Bill - what this means for 2019
10 January 2019
The National Council of Provinces (NCOP) adopted the Electoral Laws Amendment Bill during a special sitting on Thursday.
The bill will enable voters to cast their votes even if their addresses aren't on the voters' roll yet. It will also make it illegal for public funds to be used for political campaigning – other than the public funds allocated to a party in terms of the Public Funding of Represented Political Parties Act.
While there were no parties that voted against the bill, the EFF didn't support it and its MPs did not indicate that they abstained.
President Cyril Ramaphosa will now have to sign the bill into law for it to take effect.
DA MP from the North West, Chris Hattingh, proposed a further amendment which would enable the Electoral Commission of South Africa (IEC) to have overseas voting stations at any venue it deemed fit – not only at embassies and high commissions.
He said, for instance, the thousands of South Africans living in Perth, Australia would have to travel more than 3 000km to cast their votes in Canberra.
"Is this fair?" he asked.
NCOP chairperson Thandi Modise ruled that Hattingh's proposed amendments fell outside the scope of the bill and were therefore constitutionally and procedurally out of order. She said it constituted new amendments which were not in the current bill and which did not fall under the purview of the NCOP.
She suggested that he ask his party to introduce a new bill in the National Assembly.
ANC MP from the Northern Cape, Dikgang Stock, said there was no rational basis to require voting outside the territory of South Africa. He said in the 2014 election, votes cast overseas amounted to 0.01% of the total votes cast.
He said Hattingh had ample time to engage with the IEC on the matter when the NCOP's select committee dealing with the bill met with them. However, he did not.
"It looks like the honourable member is in elections mode. He wants to introduce a bill through the back door," Stock said.
IFP MP from KwaZulu-Natal, Mntomuhle Khawula, welcomed the bill, particularly the provision that state funds could not be used for electioneering purposes. He said it was one of the things the IFP has been "confronting" the IEC about for many years.
During the sitting, the NCOP also adopted the Traditional and Khoi-San Leadership Bill. The Western Cape voted against the adoption.
DA MP from the Western Cape, Cathleen Labuschagne, said the bill placed too much power in the leadership, who did not sufficiently consult with communities. It was also discriminatory because it would treat the Khoi-San differently, she claimed.
ANC MP from the Eastern Cape, Tabiso Wana, said the Khoi-San had been exploited for more than 200 years.
"Today, as the Eastern Cape, we are very pleased that today the Khoi-San will have their dignity," she said.
"Khoi-San, you are on your own in the Western Cape," she said, taking aim at the province's stance. Representatives of the Khoi-San community applauded in the public gallery.