Referendum Legislation Reaches Committee Stage, CIAG Provides Input
The Electoral Commission Amendment Act, 2023 was drafted to allow provincial premiers to call referendums in the provinces in accordance with the powers assigned to them in the Constitution. The Bill was tabled in the last parliament by DA Deputy Speaker, Dr Annelie Lotriet, and has been revived in this parliament. This week, it was discussed by the Portfolio Committee on Home Affairs.
The Cape Independence Advocacy Group (CIAG) has written to the committee and formally requested to address it. (Link to letter here).
In its letter, the CIAG addressed a number of points including:
- the urgency of the matter, citing the ruling of the Constitutional Court in Wyngaard vs Premier of the Western Cape (CCT 139/23);
- public statements made by the Western Cape Premier, Alan Winde, that the absence of legislation was preventing him from exercising his constitutional powers;
- the need for the Bill to be amended to accommodate the right of cultural and language communities to self-determination as provided for in section 235;
- the need for the Bill to be amended to allow communities to instigate referendums to give effect to section 235.
Referendums are a part of our constitutional framework, a critical component of functional democracy, and essential to the exercising of the inalienable and unquestionable right of all people to self-determination.
Whilst the CIAG believe premiers can in fact call referendums under the current legislation, we urge parliament to amend and pass this legislation as a matter of urgency. When the Western Cape premier is citing the lack of legislation as the reason why he cannot call a referendum, our democracy is materially flawed.
DATE: 20 November 2025
