Draft Constitution Amendment Bill: Eligibility for Public Office

Posted 01 August 2025 Written by Acts Online
Category Justice

Brought to you by SA Legal Academy: A draft Constitution Amendment Bill has been gazetted for public comment, proposing to amend the eligibility criteria for individuals seeking election to the National Assembly, provincial legislatures, and municipal councils.

In terms of the Constitution of the Republic of South Africa, 1996, the draft Bill seeks to introduce a disqualification clause for persons who have been removed from office by the President. The proposed amendment focuses on individuals removed on the grounds of gross misconduct or misconduct, as provided for in the Constitution.

The scope of the proposed legislation extends to high-level constitutional appointees and judicial officers. Specifically, the draft Bill intends to prevent the election of:

  • Former judges removed from the bench in terms of section 177 of the Constitution of the Republic of South Africa, 1996; and
  • Any person appointed to state institutions supporting constitutional democracy under Chapter 9 of the Constitution who was subsequently removed for misconduct.

The explanatory summary of the draft Bill was gazetted to allow for public participation prior to its formal tabling in Parliament. Interested parties and stakeholders are invited to submit written representations on the proposed amendments by no later than 31 August 2025.

What this means for you, your business, or your clients

  • For yourself: Monitor the legislative progress of the Bill to understand the evolving standards of fitness and propriety required for high-ranking public office and constitutional appointments.
  • For your business: No direct operational compliance burden; however, the amendment signals a tightening of governance and accountability frameworks for leadership roles within state-affiliated institutions.
  • For your clients: Clients wishing to influence the eligibility criteria for public office or those concerned with constitutional governance must ensure their submissions reach the relevant parliamentary committee by the 31 August 2025 deadline.

Originally published at https://legalacademy.co.za/news/read/elected-public-representatives-da-calls-for-input-on-proposed-eligibility-legislation

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