The FW de Klerk Foundation welcomes the Electoral Commission’s prompt correction of Regulation 28F to the Municipal Electoral Regulations, 2000.

In a statement issued on 21 October 2026, the Foundation raised concern that the final regulations gazetted on 14 October introduced a new requirement that election objections be supported by a sworn statement or affirmation. This requirement had not appeared in the draft regulations published for public comment, meaning the public had no opportunity to consider or comment on it.

On 23 October 2026, the Commission published a correction notice replacing the text of Regulation 28F. The corrected provision removes the additional requirement and restores the version on which the public was consulted.

The Foundation welcomes the Commission’s responsiveness: “The Electoral Commission deserves credit for acting swiftly once the issue was identified,” said Daniela Ellerbeck, attorney and Constitutional Rights Programme Manager at the FW de Klerk Foundation. “Openness to legitimate concerns strengthens public confidence in electoral administration and reinforces the principles of transparency, accountability and public participation that underpin South Africa’s constitutional democracy.“

“The issue was never whether affidavits are useful or desirable,” added Ellerbeck. “The Foundation’s concern was that a substantive new requirement appeared in the final regulations without prior public consultation.”

The Foundation maintains that meaningful public participation remains essential to lawful and accountable regulation-making, particularly in matters affecting the electoral process.

“This correction is important, because it restores consistency between the version published for public comment and the version that ultimately became law,” said Ellerbeck. “When regulatory requirements change materially, the public should have a fair opportunity to comment before those changes are adopted.”

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