ConCourt calls for submissions on independent candidates case

THE Constitutional Court has directed parties involved in the Electoral Act matter, which seeks to amend the law to allow independent candidates to contest for seats in the National Assembly and provincial legislatures, to make submissions to it.

This was after Parliament had applied for an extension to the deadline that had been issued by the court to amend the Act.

If the extension is not granted, the lawmakers have until June 10 to conclude the process to amend the law.

This followed a decision by the court in 2020 that Parliament had two years to correct the defects in the law after it ruled in favour of the New Nation Movement to allow independent candidates to contest national and provincial elections.

The law currently allows independent candidates to stand as councillors in municipal polls. But only political parties can send candidates to the national assembly and provinces.

Speaker Nosiviwe Mapisa-Nqakula had filed papers in the Constitutional Court recently after the portfolio committee on home affairs, which is processing the bill, called for an extension of the deadline.

Parliament’s spokesperson Moloto Mothapo said last month that the extension was needed as the bill was only introduced in the National Assembly on January 10, 2022, leaving Parliament with only five months to process a bill of such public significance and interest.

The programming committee heard yesterday that the Constitutional

Court wants parties with an interest in the matter to make submissions.

Secretary to the National Assembly Masibulele Xaso told members of the committee that the matter was still before the apex court.

“The court has directed parties involved in the matter to make submissions,” said Xaso.

The home affairs committee was still busy with processing the law.

Home Affairs Minister Aaron Motsoaledi appeared before the committee last week where he answered some of the questions.

Chairperson of the committee Mosa Chabane said last week they were still awaiting for further directions from the highest court in the land, as they were busy processing the bill.

“The committee will continue earnestly to process the bill as it awaits further direction from the Constitutional Court on the application lodged for an extension,” said Chabane.

Recently Parliament heard that if the Constitutional Court did not grant

the extension, this could have implications for the 2024 elections.