Report on Study Tour to Russia; Lovemore legislative proposal to amend Electoral Act so South Africans living abroad may vote
Meeting Summary
The Committee received a briefing on a draft report regarding the Department of Home Affairs (DHA) study tour to Russia, as well as a request for the Committee’s comments on a Private Members’ Legislative Proposal to amend the Electoral Act, 1998 to allow South African citizens living abroad to register and vote in national and provincial elections.
The report detailed the Committee’s study tour to
One area of significant interest to the Members was the fact that
Russian policies on attracting skilled labour were mentioned, with specific reference to the setting up and development of academic and scientific hubs with special arrangements and relaxed entrance requirements for skilled workers. In terms of state migration policy coordination,
The interaction between Russian and South African officials had led to unanticipated outcomes, an example of which was an interest in visa exemptions between both countries.
In principle, the draft report was endorsed by the Members. However, they offered lengthy criticism of the grammatical construction, word usage, and syntax demanding that the report be cleaned up and reissued prior to adoption. It was also requested that more focus be given to recommendations which could have a bearing on developing new policies for the South African immigration system
Members also decided unanimously to withhold comments on the proposed Private Members’ Legislation to amend the Electoral Act, citing a need for clarification of the proposal and lack of expertise on the issue. They requested that the matter be sent back to study groups and party caucuses.
Meeting report
Briefing by Parliamentary Research Unit (PRU)
Mr Adam Salmon, Researcher, PRU, began the presentation by stating that the final, grammatically correct draft report on the study tour to the Russian Federation was not yet available. This led to some consternation among the Members who proceeded to raise many questions relating to the formulation of the document, sentence structure, and wording issues. As the document was only a draft edition, Mr Salmon noted that as yet no feedback had been given by Members, so he would proceed to offer an outline.
The study tour to
It was emphasised that the interaction between Committee Members and the State Duma (the Russian Parliament) had been fruitful, although no visits to Ports of Entry had been arranged due to a lack of organisation time caused by the recent Russian elections. Members had also met with local officials and the South African ambassador to
Given the high rates of unemployment in
One area of significant interest to the Members was the fact that
Due to the immense geographic size of
The interaction between Russian and South African officials led to unanticipated outcomes, an example of which was an interest in visa exemptions between both countries. Russian officials told the South African delegation that a National Migration Policy was being developed to address problems preventing effective migration control. The aim of the new policy was to create sustainable conditions that stimulated trade and tourism while preventing criminal activity and curbing illegal migration.
Examples of regional integration and free trade between
Russian policies on attracting skilled labour were mentioned, with specific reference to the setting up and development of academic and scientific hubs with special arrangements and relaxed entrance requirements for skilled workers. In terms of state migration policy coordination,
Also discussed was the possibility of extending visa exemptions to diplomats, with future consideration of the elimination of student visa requirements. This was referred to as a possible recommendation to be passed along to DHA.
In conclusion,
Discussion
Mr A Gaum (ANC) was dismayed at the state of grammar and the number of errors within the draft document. He proceeded to single out specific examples before asking that more attention be paid to making concrete recommendations for policy implementation within the “conclusions and observations” section. He said that he would be uncomfortable in accepting the document in its present uncorrected form, despite the overall accuracy of its content.
Mr G McIntosh (COPE) first paid tribute to Mr Salmon and Mr Eddie Mathonsi (Committee Secretary) for their excellent tour coordination, and thanked them for their hard work. He also expressed concern with the language used within the document and asked that one of the most interesting findings from the tour - an electronic map of
Mr Gaum said that the document should include the involvement of Russian regions in tracking foreign nationals within the state. This should then be applied in the South African context and consideration given to a possible role for the provinces. He also wished to have information included on the dispensation for people who work in
The Chairperson noted the differences in immigration policy between
Ms G Bothman (ANC) indicated there was a need for greater comparison between the Russian and South African models, which could then be refined and lead to implementation of new strategies within the country. She also wanted to know what immigration policies were like in other countries and what remedies existed to deal with arising issues with a view to strengthening the overall approach to immigration policy reform. She asked that more in-depth research be conducted.
The Chairperson noted the stringency imposed in other countries in terms of rules governing immigration, while deriding the current structure in
Ms Bothman brought up the matter of higher education exchanges and wished to know whether
Mr Salmon promised to finalise the draft report by Friday.
Lovemore legislative proposal to amend Electoral Act so South Africans living abroad may vote
Mr Salmon explained that chapter 14 section 3 of the rules of the National Assembly dictated that committees may engage in making proposals and petitions. He continued by noting that the Legislative submission from Ms A Lovemore (DA) was tabled to the Speaker in October 2011 but had only just come before the Committee for comment on recommendations that the Electoral Act be amended to give overseas South Africans the ability to register and vote in national and provincial elections. Amendments would be made to both the Electoral Act and the Provincial Electoral Act.
The general intention under the Constitution was for the electoral system to be fair, inclusive, simple and accountable. He gave an example of two court cases which referred to overseas voters and that recommended the establishment of voting capability at overseas embassies and consulates. The possibility of considerable financial costs was also noted.
Six sections of the Electoral Act would be affected by the amendments. He explained that the Act could potentially be amended purely in terms of regulation 33 1(b), which applied to government members who were overseas at the time of elections. The Committee could also ask the Electoral Commission to prescribe a certain sub-section of voters to set out rules on how South Africans living abroad could vote. Another possibility would be to simply specify in the regulations what procedures needed to be followed and who wais able to vote.
Mr Salmon closed by stating that the likeliest outcome was that the recommendations made by the Committee would become part of the larger amendment process.
Discussion
Mr Eddie Mathonsi, Committee Secretary, said that the Committee on Private Members’ Legislative Proposals and Special Petitions had requested submission of Members’ comments by May 22, but that Mr Gaum had written a letter stating that more time was needed before the matter could be discussed.
Mr Gaum responded that the Committee on Private Members’ Legislative Proposals had been informed in writing that the request for comments would be placed on the agenda, but as the matter had remained unresolved he proposed that it should be taken back to study groups and party caucuses, and brought back to the Committee within about two weeks.
Mr M Mnqasela (DA) took the position that the Committee Members had not had a lot of opportunity to engage with the matter, so he requested it be deferred until the next Committee meeting.
Ms H Makhuba (IFP) agreed with the Mr Gaum on sending the matter back to party caucuses and said that as this was a political matter, there was a need to look at the constitutional ramifications of any amendments.
Mr G McIntosh (COPE) stated that the real issue was that the mechanisms that allowed South Africans to vote were expensive and cumbersome. He added that in a democracy everyone should have the right to vote, but he questioned whether it was the responsibility of the Committee to come to a conclusion on this issue. Electoral commissions around the world enabled voting for overseas citizens, and he seemed to think the process could be made much easier through the introduction of technology. Mr McIntosh was in general agreement with the other Members that the matter be referred back to the Electoral Commission for issuance of a more concrete proposal on amendments to the system, emphasising that Committee Members were not technical staff. He closed by saying that in principle, the Members supported the changes, yet while the Committee may have had the ability to make constructive proposals, it would require more time for deliberation.
Ms Bothman asked that the matter be more clearly defined and then brought back before the Committee for further consideration.
Mr Gaum proposed that the Committee write a letter to the Electoral Commission as a matter of urgency to ask for the Commission’s interpretation of the judgement passed down by the
The Chairperson asked that a report on the estimated costs involved in creating a system to allow South Africans living abroad to register and vote, be issued by the Electoral Commission. She said that all options would be looked into but that a letter to the Commission would be sent out and the matter first dealt with by individual political parties prior to submission to the Committee.
The meeting was adjourned.
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