Constitution 24th Amendment Bill: Eligibility for Public Office

Posted 29 April 2026 Written by Acts Online
Category Parliament

Brought to you by SA Legal Academy: The Constitution 24th Amendment Bill [B13-2026] has been tabled in Parliament, proposing stricter eligibility criteria for public representatives.

In terms of the legislative process, the Constitution 24th Amendment Bill was published on the Parliament of South Africa website on 30 April 2026. The Bill, introduced as a private member’s bill, follows an explanatory summary gazetted in August 2025. It proposes to amend the Constitution of the Republic of South Africa, 1996, to strengthen the eligibility criteria for membership of the National Assembly, provincial legislatures, and municipal councils.

The overarching objective of the proposed legislation is to prohibit the election of any person who has been previously removed from office by the President in terms of the Constitution on the grounds of gross misconduct or misconduct. This prohibition specifically targets:

  • Former judges removed from office under section 177 of the Constitution; and
  • Individuals appointed to Chapter 9 institutions (state institutions supporting constitutional democracy) who were removed from office under section 194.

The Bill aims to ensure that individuals found unfit for high-ranking constitutional or judicial positions are precluded from holding legislative office at any level of government. While the draft form was gazetted for public comment in 2025, the formal tabling marks the next stage in the constitutional amendment process.

Click here to download the Constitution 24th Amendment Bill [B13-2026].

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

  • For yourself: No direct individual obligations; however, legal professionals should note the evolving constitutional disqualification criteria for public office.
  • For your business: Compliance and advisory firms serving public sector entities must update their vetting protocols to reflect these proposed restrictions on candidate eligibility.
  • For your clients: Clients in political party leadership or public administration must review the proposed disqualifications to ensure that future nominations for the National Assembly or provincial legislatures comply with the amended requirements.

Originally published at https://legalacademy.co.za/news/read/elected-public-representatives-da-s-eligibility-bill-tabled

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