Deputy Speaker urges Parliament to close referendum law gap amid misuse concerns

By Thapelo Molefe

Parliament has reopened debate on long-standing gaps in South Africa’s referendum laws, after Deputy Speaker of the National Assembly Annelie Lotriet briefed the Portfolio Committee on Home Affairs on her Private Member’s Bill seeking to amend the Electoral Commission Act of 1996.

Presenting the Bill on Tuesday, Lotriet said it was necessary to align legislation with the Constitution, which already gives Premiers the power to call provincial referendums.

“The Act therefore fails to comply with the Constitution by giving effect to the Premier’s powers and functions,” she told the committee.

She emphasised that Parliament needed to address the gap before the matter ends up in the courts. 

“I also think it is perhaps important that Parliament acts proactively instead of waiting for a court judgement which then will ask Parliament and give it a limited time to process such legislation,” she said.

Lotriet tabled the Bill in