Electoral Act

Home Affairs Minister, Dr Aaron Motsoaledi, has appointed a Ministerial Committee to advice on the amendment of the Electoral Act.

This comes after a July 2020 Constitutional Court ruling found that the Electoral Act (Act 73 of 1998) was unconstitutional.

This was in regards to that the Act requires that adult citizens may be elected to the National Assembly and Provincial Legislatures only through their political parties.

Addressing reporters on Wednesday, the Minister said a programme was in February set out on how the matter would be taken forward after several meetings and briefings with the Portfolio Committee on Home Affairs.

“This team includes lawyers, political scientists, social scientists, and architects of electoral systems who have extensive experience. We have also met this Committee and it too has started its work,” he said.

He said the committee was awaiting the confirmation of two more nominations, each from the Finance Minister and the SA Law Reform Commission (SALRC), through the Minister of Justice and Correctional Services.

“I am grateful to members of both Ministerial Committees for availing their collective skills and time as we build the South Africa we want,” he said.

The Committee consists of:

Mohammed Valli Moosa – Chairperson. He is the former Minister of Provincial Affairs and Constitutional Development.
Advocate Pansy Tlakula – the former Chairperson of the Independent Electoral Commission and the longest serving Chief Electoral Office.
Advocate Vincent Maleka – a Senior Council with extensive experience in representing several clients up to the Constitutional Court.
Dr Mike Sutcliffe – former member of the Demarcation Board and former Ethekwini Municipal Manager.
Dr Sithembile Mbete – political scientist and senior lecturer at the University of Pretoria.
Norman du Plessis – former Deputy Chief Electoral Officer with extensive experience in electoral operations and electoral systems.
Prof Daryl Glaser – political scientist and Head of Department: Political Studies at Wits University. He has extensive international experience on electoral systems and electoral reforms.
Dr Nomsa Masuku – Commissioner of the Independent Electoral Commission, an academic and a champion of civic and democracy education. She is a former Deputy Chief Electoral Officer responsible for Outreach.

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