Maimane’s Bosa to challenge newly-passed Electoral Amendment Act in ConCourt

Mmusi Maimane believes the new law is flawed and unconstitutional, and with the backing of around 40 civil society groups, said that Bosa would apply for direct access to the Constitutional Court.

CAPE TOWN – Build One South Africa (Bosa) leader Mmusi Maimane announced a legal challenge against a new law that would allow independent candidates to stand in next year’s provincial and national elections.

Maimane said that signing the Electoral Amendment Bill into law last week, was merely “malicious compliance” on the part of President Cyril Ramaphosa.

The party announced on Wednesday morning that, with the backing of around 40 civil society groups, it would apply for direct access to the Constitutional Court on 1 May.

The same court ordered Parliament to rectify defects in the electoral law in 2020, which excludes independent candidates from entering Parliament and provincial legislatures.

Maimane said he believed that the new law was flawed and unconstitutional.

He said that it favoured political parties over individuals and would make it near impossible for independent candidates to compete equally for a parliamentary seat.

Independent candidates will only be allowed to contest for half of Parliament’s 400 seats.

“What President Ramaphosa has done, is that he has set up an Electoral Act that not only makes it impossible to achieve what Judge [Mbuyiseli] Madlanga wants to but, more than anything, means it’s just malicious compliance.”

Also at issue is that votes surplus to the number required for a single seat will be lost to another nominated individual, and instead be divided among political parties.

“Again, we are taking power away from the people, and leaving it with political parties. We are simply saying the parties can dictate to people who their candidates are.”

Maimane said that if the law was not challenged now, it would almost certainly give rise to challenges after next year’s elections.