IEC proposes amendments to Electoral Act ahead of local government elections

The Electoral Commission of SA (IEC) has informed Parliament of its intention to introduce amendments to the Electoral Act to deal with matters related to the voters roll ahead of the 2026 local government elections.

In a letter to Parliament, IEC chairperson Mosotho Moepya said they had taken a decision not to propose legislative amendments ahead of the next local government elections following the various reviews and debriefings for the 2024 elections.

However, Moepya said there were currently ongoing and unrelenting objections to certain segments of the voters roll.

“These objections get accentuated ahead of by-elections, which we now conduct every week. Without legislative intervention, the current framework of objections may be used to impair the credibility of the general elections. Therefore, legislative refinements are apposite for the successful delivery of the prospective elections.”

He also said that in order to address the risk of the impending elections, the IEC was drafting amendments to the Electoral Act to be finalised by the end of August 2025.

“This will enable us to present the Amendment Bill to the minister in the month of September 2025. In the circumstances, the minister will probably only be able to table the Amendment Bill in October 2025. As you are aware, it is peremptory for the minister to procure Cabinet approval before tabling bills.”

Moepya asked that the bill be accommodated for processing in the fourth quarter programme of the Portfolio Committee on Home Affairs.

DA MP Adrian Roos said it appeared that the number of objections in the voters roll was problematic. “Why it is problematic? Are these frivolous or valid?” he asked.

Roos noted that there was a Constitutional Court ruling to get addresses of voters on the voters roll

“When there are legitimate objections, they should be taken and analysed to improve the voters roll,” he added.

EFF MP Thapelo Mogale  said there was an Electoral Reform Panel that was due to table reforms, which would mean that there might be a need to make amendments to the Electoral Act.

“Are we to have two separate processes?” Mogale asked.

ANC MP Moleboheng Modise-Mpya enquired whether the IEC thought that there will be enough time to process the amendments before the 2026 local government elections.

In response, Commissioner Janet Love said the issues raised regarding the voters roll do not pertain to frivolous objections..

“Our concern is that we need to be clearer about process and timeframes, and we don't want those kinds of technicalities in relation to improving the voters roll to obstruct the possibility for us to certify the voters roll in a manner that bears the confidence of the of the voters, so it's not about frivolity,” she said.

Love also said they were aware that as a consequence of the Electoral Reform Panel report, Parliament might want to consider many amendments that will be very impactful for the 2029 elections.

“Our amendment is very located around the local government elections, and it's a technical amendment which we want to separate from the bigger process.

“We do believe that the timeframe is realistic, given that we are looking at a minimalist approach, in the sense that we're not looking at all of the potentially broader issues that might arise,” she added.

Committee Chairperson Mosa Chabane said the IEC should provide the timeframe upon which they will introduce the amendments for processing so that they are aligned to their programme.

“Noting that once dealt with, there will be necessity to refer the matter to National Council of Provinces. It will be important to prepare a timeframe,” said Chabane.

mayibongwe.maqhina@inl.co.za