Joint Electoral Reform Workshop; with Minister & Deputy Minister

Home Affairs

16 March 2021
Chairperson: Adv B Bongo (ANC), Ms S Shaikh (ANC, NCOP)
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Meeting Summary

Video: Electoral Reform Workshop, 16 March 2021

Legal Opinion on New Nation Court Judgment 22 June 2020
New Nation Movement NPC & Others v President of RSA & Others (CCT110/19) [2020] ZACC 11 (11 June 2020)
 
The Electoral Reform virtual workshop was held jointly by the Portfolio Committee on Home Affairs and the Select Committee on Security and Justice in light of the Constitutional Court’s judgment that the Electoral Act is unconstitutional as it does not allow individual candidates to contest elections. Parliament was given 24 months to amend the applicable electoral legislation. The Chairperson stated that the Constitutional Court’s judgment must be taken as a self-criticism and reflection on the manner Parliament has interpreted the Constitution on electoral legislation, to ensure that shortfalls are corrected, and give proper weight and consideration by all stakeholders.

The Minister of Home Affairs explained that Constitutional Court held that freedom of association implies both freedom to associate and freedom not to associate. Practically, it means that independent candidates should be allowed to exercise their right to stand for public office, and if elected, to hold office, without being coerced to join a political party. A comparative study of international electoral systems reveals at least five established electoral systems, with variations. The Minister outlined these systems with examples. A Ministerial task team of experts has been appointed to study these issues and provide advice.

Mr Valli Moosa, the chairperson of the Ministerial Advisory Committee on the Electoral System, spoke of the reasons South Africa adopted the current electoral model at the dawn of democracy. Ensuring electoral reform is no easy task, as it goes to the heart of the country’s democracy, which remains a very political matter. There is now the rare opportunity to consider a new electoral system. The task is to deliver an electoral system that is long-lasting and durable and in the interest of the future generations of South Africa. The chosen electoral system must remain in place for the next few decades. It is crucial to take politics out of this process. The electoral system adopted must be in keeping with our constitutional order, including accountability and fairness, and that the outcomes of the elections are proportional. Other constitutional principles to be adhered to include national unity, transformation, and the centrality of the voters and citizens.

EISA’s briefing focused on the three main types of electoral systems, including the proportional representation system, the plurality / majority / first-past-the-post system, and the mixed system. The type of electoral system is not the key driver of voter turnout. While any adjustments to an electoral system meet resistance, major reforms particularly can create fertile ground for elevated political conflict and potential instability. Recent proposals to introduce electronic voting in Botswana is an example of electoral reform not done well, leading to resistance and elevated concerns amongst voters. Malawi’s recent court-ordered electoral system reform managed a highly contested election well. It is essential that voters and parties are engaged to maximise trust to ensure that meaningful electoral reforms are implemented.

The Electoral Commission (IEC) noted the June 2022 deadline for signing the Electoral Amendment Bill by the President. It noted these factors for the 2024 elections:
• Electoral system that includes constituencies: Provisional timeline consists of Parliament deciding on a new electoral system by 30 October 2021 and amending the legislation over the remaining 15-month period. This would allow the IEC to adjust voting district boundaries to new constituencies and modify its operations by the end of October 2023. The proclamation of the election dates is 26 February 2024, following general voter registration, to ensure elections by the earliest date of 22 May 2024.
• Electoral system that excludes constituencies: Provisional timeline consists of Parliament deciding on a new electoral system by 30 June 2022 and amending the applicable legislation over the remaining 23-month period. This would allow the IEC to modify its electoral operations by the end of October 2023. The proclamation of the election dates is 26 February 2024, following general voter registration, to ensure elections by the earliest date of 22 May 2024.

My Vote Counts was excited by the prospect of independent candidates at provincial and national level. The Slabbert Report highlighted challenges of accountability in the current electoral system. The change to the system provides the potential for these to be addressed. The judgment deepens political choice both for those who want to stand to be elected as well as for the electorate. The impact of independent candidates includes a reverse in voter apathy, an increase in voter turnout, establishing a direct link with voters and providing resources to constituents, creating a more competitive political space, and the incentive for elected officials to perform as promised and to serve their constituents. It acknowledged that the inclusion of independent candidates cannot solve all issues of accountability. Independent candidates are already in local government elections which have created problems in that sphere of government. In addition, independent candidates do not have the infrastructure, support, or the finances of political parties.

Most Members were of the view that independent candidates will contribute to addressing the disjuncture between candidates and the electorate and enhance the degree to which political officials can be held accountable. Public participation is crucial in this entire process moving towards a new electoral system. It is critical that the Municipal Demarcation Board  is brought into the conversation on the impact of the Constitutional Court judgment on demarcation. Emphasis must be placed on accountability, because it is not a given that a change in the electoral system will enhance the accountability of politicians. Some Members felt that there is no time for big changes at this point and the new electoral system should remain proportional, in line with constitutional principles.

Meeting report

The Chairperson welcomed the Minister and the Ministerial Advisory Committee on Electoral System to the meeting, including its chairperson, Mr Valli Moosa, and the delegations from Home Affairs, IEC, EISA and My Vote Counts.

Mr Valli Moosa, Ministerial Advisory Committee on the Electoral System chairperson, requested the Parliamentary Legal Advisors to provide a timeframe and overview of the legislative process for amending the legislation as required by the Constitutional Court judgment.

Opening remarks by Chairperson
Chairperson Bongo stated that the joint workshop has been scheduled for two days but the Portfolio Committees have seen fit to postpone the second session that would have focused on political parties. The purpose of the first session is to provide a broad overview of the process and considerations that must be kept in mind in the Constitutional Court judgment of 2020 to ensure Parliament’s task of making relevant amendments are on time. The Constitutional Court’s judgment is that the Electoral Act is unconstitutional because it does not allow individual candidates to run for political office. Parliament was given 24 months to amend the legislation. There is an arduous process ahead for the two parliamentary committees. It is paramount that the ideals of a united, democratic, and prosperous South Africa are kept at the heart of the deliberations in adhering to the Constitutional Court judgment. The process of changing the electoral system must involve the electorate.

Opening remarks by National Assembly Deputy Speaker
Mr Lechesa Tsenoli, NA Deputy Speaker, stated that he was stepping in for the Speaker, Ms Thandi Modise, who could not attend the workshop. To amend the electoral system of the country is a critical part in the democracy of South Africa. The ideals that are sought to be achieved are to build a non-racial, non-sexist and democratic society. Any changes to the current electoral system must be made in light of these ideals. The Constitutional Court judgment must be taken as a self-criticism and reflection on the manner that Parliament has interpreted the Constitution in the electoral legislation, to ensure shortfalls are corrected, and given proper weight and consideration by all stakeholders. Mr Tsenoli stated that Parliament must identify and assess the short-term and long-term objectives to be achieved through this process, while also considering the importance of technology in our current digital age. The goal is to ensure that the people of South Africa can effectively participate in the elections of the country.

The Chairperson agreed that in responding to the Constitutional Court judgment, all stakeholders must consider the electorate that wants to have a say on how they vote. At the end of the process, it is the task to deliver an electoral system that is exceptionally long-lasting and durable and in the interest of the future generations of South Africa.

Constitutional Court judgment: briefing by Minister of Home Affairs
Minister of Home Affairs, Dr Aaron Motsoaledi, presented the briefing.

Background to the Constitutional Court judgment:
On 20 June 2020 the Constitutional Court judgment in the New Nation Movement case declared the Electoral Act to be unconstitutional to the extent it requires citizens to be elected to the National Assembly and Provincial Legislatures only through their membership of political parties. This declaration of unconstitutionality was held to be prospective from the date of the order, but its operation was suspended for a period of 24 months to afford Parliament an opportunity to remedy the defect in the Electoral Act. Hence, the date by which the defect must be corrected, and a Bill to be assented to by the President, is 10 June 2022.

In the New Nation Movement case, the Applicants argued that the Electoral Act is unconstitutional based on sections 18 and 19 of the Constitution on the rights to freedom of association and political choice. There were two central issues under consideration by the Constitutional Court:
• if the electoral system only through political party membership unjustifiably limits the right to freedom of association in section 18 of the Constitution,
• if it involves the content of the right contained in section 19(3)(b) of the Constitution and if the Electoral Act limits that right.

The Constitutional Court reasoned that the right to freedom of association becomes central in the interpretative exercise to determine the content of section 19(3)(b) of the Constitution. On whether section 18 included the negative element, the Constitutional Court relied on the European Court of Human Rights, the African Court on Human and People’s Rights, and the Canadian Supreme Court. These judgements ruled that freedom of association also includes a negative right, simply put, freedom not to associate. Hence, the Constitutional Court held that freedom of association implies freedom to associate and freedom not to associate. Practically, it means that independent candidates should be allowed to exercise their right to stand for public office, and if elected, to hold office, without being coerced to join a political party.

The Constitution requires that an electoral system be introduced through the enactment of national legislation. In 1998, the Electoral Act was passed by Parliament and it retained the system of proportional representation for elections for the National Assembly and legislatures of the nine provinces. What must be borne in mind is that the Electoral Act did not deal with the electoral system as required by the Constitution. It relied on interim mechanisms taken from the Interim Constitution.

To remedy this, the Cabinet appointed the Electoral Task Team (also known as the Slabbert Task Team) to draft new legislation in 2002 that would produce the electoral system. The Slabbert Report proposed an electoral system which is a multi-member constituency system where 300 National Assembly members must be elected through such constituencies and 100 NA members must be elected through a closed party list by political parties. However, some members of the Slabbert Task Team favoured the current electoral system. No steps were taken to implement these recommendations. During November 2017, the High Level Panel led by former President Kgalema Motlanthe released a report reviewing current legislation, including the Electoral Act. It recommended that Parliament should amend the Electoral Act to provide for an electoral system that makes Members of Parliament accountable to constituencies on a proportional representation and constituency-based system for national elections. These recommendations have not been not implemented.

In its judgment, the Constitutional Court was fully aware of the doctrine of separation of powers and did not venture into the question as to which electoral system affords the electorate accountability and fairness. The court stated that: “That is territory this judgement will not venture into. The pros and cons of this or the other system are best left to Parliament which … has a mandate to prescribe on electoral system". The question that the joint workshop and future deliberations must answer is if it really matters which electoral system is adopted by South Africa.

Further global considerations:
In 1948, the National Party came to power. It changed the course of this country in a way unimaginable. But the National Party polled only 37% of the total votes. The then party in power polled 49% of the total votes – more than 12% of what the National Party polled, yet the election was lost. In England, the Conservative Party under Margate Thatcher adopted far-reaching right-wing economic and social policies. But it came into power with only 41% of the votes. Tony Blair did the same in 1997 and 2001. His Labour Party came into power with 43% of the votes. Those types of results were only possible due to a particular type of an electoral system. Such results would not be possible in other types of electoral systems.

Comparisons between five distinct electoral systems:
A comparative study of international electoral systems reveals at least five established electoral systems, with variations. The five types were outlined:

•  Single member constituency system, where four countries (United Kingdom, United States of America, Canada and India) were studied. The system of the United Kingdom is what made the National Party, the Conservative Party, and the Labour Party ascend to power despite winning a smaller percentage of votes cast. The USA has the same system but with known variations such as the electoral college and its president standing for election alone separate from the party. India, a former British colony, adopted the same system but realised it would not align with its caste-system. As a result, India reserved some constituencies specifically to people belonging to the scheduled castes.

•  Mixed-electoral system that is used by various countries, especially Germany that adopted the system after the Second World War. It combines party list proportional representation with single member constituency site system. Seats allocated under the party list component of the system are used to compensate for any distortions in the seats-to-votes ratio produced at the electoral district (constituency) level. A number of countries in recent years have adopted this system, including Hungary, Italy, New Zealand and Venezuela.

•  Closed-list system, which is the current electoral regime in South Africa.

•  Preferential list system, which is a variant of proportional representation. This approach is followed in the Netherlands, Denmark, and Finland.

•  The last approach was to assess the electoral systems in Africa. Botswana follows a first-past-the-post approach where the winner takes all majoritarian electoral system in a single member constituency system. Zimbabwe separates its presidential and parliamentary elections, and also follows a first-past-the-post approach with multi-member constituencies that correspond with the country’s ten administrative provinces. The approaches followed in Kenya, Nigeria, and Senegal has also been considered by the Department in this research process.

The Constitutional Court judgment leads to the need for amending other legislation, including the Public Funding of Represented Political Parties Act 103 of 1997, Electoral Commission Act of 51 of 1996, Local Government Municipal Demarcation Act 27 of 1998, and Political Party Funding Act 6 of 2018. The DHA has appointed a Ministerial Task Team of experts in these fields to study all these issues and provide advice accordingly.

Ministerial Advisory Committee on the Electoral System  briefing on progress made
Mr Valli Moosa, Advisory Committee Chairperson, stated that the Committees and stakeholders must be mindful of the reasons South Africa currently has the electoral model that it has followed since the dawn of its democracy. In 1994, the country was crying out for an end to the Apartheid era and for the introduction of democracy. This included extensive negotiations with the Apartheid regime on the form of the country’s democracy. At this stage, the people who had been continually denied the right to choose their government were becoming impatient, and there was a need to conclude the negotiations in a timely manner. On the other hand, the resistance to change in the country was becoming more violent, including right-wing violence in an attempt to prevent change. It was clear that the country would enter an unpredictable situation unless it showed decisiveness. At this point, the date for the first democratic elections was settled, which necessitated the establishment of an electoral system. This included the consideration of the overwhelming majority of South Africans who have never voted before, the importance of voter education, the lack of a voters’ roll, limited time frames, and the lack of identification documents. This was also a period of heightened suspicion, and there was a need to have an electoral system that was simple, straight-forward and trusted by the majority of South Africans. The establishment of the country’s electoral system was made in the middle of a revolution.

A new electoral system can now be determined after South Africa has a democratically elected government. Ensuring electoral reform is no easy task, as it goes to the heart of the country’s democracy, which remains a very political matter. There is now the rare opportunity to consider a new electoral system. The task to deliver an electoral system must ensure it is exceptionally long-lasting and durable in the interests of the future generations of South Africa. The chosen electoral system must remain in place for the next few decades. It is crucial to take politics out of this process. There should not be a move away from the fundamental philosophy of our Constitution, and the electoral system adopted must be in keeping with our constitutional order, including accountability and fairness, and that the outcomes of the elections are proportional. Other constitutional principles that must be adhered to include national unity, enabling transformation, and the centrality of the voters and citizens. While there is not a lot of time left for Parliament to enact the necessary amendments, it is fortunate that a lot of work has been done over the last few decades which will be supplemented by the engagements with stakeholders.

Electoral Institute for Sustainable Democracy in Africa (EISA) electoral system options
Mr Grant Masterson, Head of Governance at EISA, focused on three main types of electoral systems, including the proportional representation system, the plurality / majority / first-past-the-post system, and the mixed systems. The benefits and weaknesses of these were outlined:

1. Proportional representation electoral system followed in South Africa (provincially and nationally), Italy, Norway, Finland, and Sweden: Benefits include that every vote counts, there is fairness and opportunities for smaller parties, minimal gerrymandering, and ensuring gender representation. Weaknesses include a weak link between the elected Members of Parliament and their constituents, centralisation of power in political parties achieved through a system of closed lists, complex calculations, and voter apathy.

2. First-past-the-post / plurality / majority / system followed in UK, USA, Zimbabwe, Tanzania, and France: Benefits include competitive and unpredictable elections, simplicity, decentralisation, and inclusion of independent candidates. Weaknesses relate to fairness, wasted votes, gerrymandering, majority run-offs, lack of gender representation, and floor crossing incidents.

3. Mixed systems followed in South Africa (local government), Germany, Lesotho, Bolivia and New Zealand: benefits and weaknesses include variability, and strategic or tactical voting.

The types of electoral systems are not key drivers of voter turnout. Best performing nations by voter turnout: Turkey has an 88.97% voter turnout, following a majority two-round open-list voting system, with a compulsory voting law. Sweden has an 82.08% voter turnout, following an ‘apparentment’ open-list voting system, with no compulsory voting law in place. Australia has an 80.79% voter turnout for a plural preferential, instant run-off voting system, with a compulsory voting law. Belgium has a 77.94% voter turnout for the D’Hondt list voting system, with a compulsory voting law. South Korea has a 77.92% voter turnout for a plural mixed-member voting system, with no compulsory voting law.

Electoral systems are regularly subject to major and minor reforms. While any adjustments to an electoral system meet resistance, major reforms particularly can create fertile ground for elevated political conflict and potential instability. Recent proposals to introduce electronic voting in Botswana is an example of electoral reform not done well, leading to resistance and elevated concerns amongst voters/political parties. Malawi’s recent court-ordered electoral system reform managed a highly contested election well. It is essential that voters and parties are engaged to maximise trust to ensure that meaningful electoral reforms are implemented.

Electoral Commission (IEC) on timeline planning for Constitutional Court judgment
Mr Mosotho Moepya, IEC Commissioner, said the 20 June 2020 Constitutional Court declaration of unconstitutionality was suspended for 24 months for Parliament to remedy the defect in the Electoral Act. The date by which the defect must be corrected and a Bill assented by the President is 10 June 2022. This timeline has implications for stakeholders, including Parliament, political parties, the IEC, and civil society organisations. The timeline relates to the national and provincial elections coming up in 2024.

Key dependencies:
The planning timeline for the national and provincial elections in 2024 is premised on key dependencies. Based on the 2019 elections, the earliest possible election date for the national and provincial elections is 22 May 2024, and the latest date is 20 August 2024. An election timetable of 86 days is assumed for the national and provincial elections coming up in 2024, allowing for a period of voter registration. This process is dependent on the conclusion of amendments to the Electoral Act, and the receiving of constituency boundaries for demarcation.

Before constituency boundaries can be demarcated and the electoral system adjusted, Parliament needs to consider and adopt a revised electoral system for the national and provincial elections, and conclude legislative amendments. The IEC would require a 12-month period from the receipt of the constituency boundaries to the election date to prepare electoral operations. These preparations will include the modification of various business systems (such as the national and provincial elections results system, the candidate nominations system, and the coordination information system), adjusting voting districts, updating the voters roll by way of targeted communication and registration, and the conducting of extensive voter education and communication campaigns for the new electoral system.

Envisaged scenarios for the new electoral system:
• Electoral system that includes constituencies: The IEC assumes that an existing institution such as the Municipal Demarcation Board (MDB) would require at least 18 months to demarcate constituency boundaries for Parliament and the provincial legislatures, in accordance with the amendments to the Electoral Act. Assuming that the national and provincial elections in 2024 are conducted at the earliest possible date, and that Parliament decides on a revised electoral system that includes constituencies, the IEC said the provisional timeline consists of Parliament deciding on a new electoral system by the end of October 2021 and amending the applicable legislation over the remaining 15-month period. This would allow the IEC to adjust voting district boundaries to new constituencies and modify its operations by the end of October 2023. The proclamation of the election dates is scheduled for 26 February 2024, following general voter registration, to ensure elections by the earliest date of 22 May 2024.

• Electoral system that excludes constituencies: assuming that the 2024 national and provincial elections are conducted at the earliest possible date, and that Parliament decides on a revised electoral system that excludes constituencies, the IEC said the provisional timeline consists of Parliament deciding on a new electoral system by the end of June 2022 and amends the applicable legislation over the remaining 23-month period. This would allow the IEC to modify its electoral operations by the end of October 2023. The proclamation of the election dates is scheduled for 26 February 2024, following general voter registration, to ensure elections by the earliest date of 22 May 2024.

My Vote Counts briefing on the role of independent candidates
Mr Joel Bregman, MVC Senior Researcher, reported that My Vote Counts was founded to improve the accountability, transparency and inclusiveness of elections and politics in South Africa. The work of the organisation is to ensure that the political and electoral systems are open, fair, and accountable to the public and that they remain relevant.

My Vote Counts conducts research to inform advocacy and popular education activities, to provide an understanding of political and electoral issues and to provide policy alternatives for South Africa’s political and electoral systems based on the changing economic and socio-political context. The organisation initiates litigation, as a last resort, to ensure that the constitutional principles of transparency, inclusiveness and accountability remain the basis for our political and electoral systems, and its work has focused to enhance aspects surrounding political party funding transparency, access to information, and electoral integrity and reform.

Response to the Constitutional Court’s judgment:
My Vote Counts, as an organisation, is deeply excited about the prospect of independent candidates at provincial and national level. The Slabbert Report highlighted issues of accountability in our electoral system. The change to our system provides the potential for these challenges to be addressed. The judgment deepens political choice, both for those who want to stand to be elected as well as for the electorate.

The impact of independent candidates includes a reverse in voter apathy, an increase in voter turnout at elections, establishing a direct link with voters and providing resources to constituents, decreasing limitations to only political parties, creating a more competitive political space, and the incentive for elected officials to perform as promised, and to serve their constituents. However, the limitations include that the inclusion of independent candidates cannot solve all issues of accountability. Independent candidates are already in local government elections which have created problems in that sphere of government. In addition, independent candidates do not have the infrastructure, support or the finances of political parties.

Discussion:
Ms Pemmy Majodina, ANC Chief Whip, thanked the delegations for the informative briefings. She expressed concern about the current decline in voter turnout at elections. The introduction of independent candidates will have a significant impact on voter turnout in South Africa’s elections. One of the reasons behind voter apathy is that people do not believe that their vote will be effective in bringing about a change in the current political system. There seems to be a disjuncture between the candidates and the people who put them in power. The electoral reform will result in a constitutionally-sound system, and independent candidates will contribute to addressing the disjoint between candidates and the people who put them in power. It will also enhance the degree to which political officials can be held accountable.

Mr M Chabane (ANC) appreciated the broad thinking expressed by the contributions. This is the beginning of the process of engaging with people on the ground and other stakeholders to ensure an efficient electoral system is designed and implemented in South Africa. It is critical that the MDB is brought into the conversation on the demarcation of voter districts to explore the impact of the Constitutional Court judgment, especially for the upcoming local government elections.

Mr A Roos (DA) agreed with Mr Moosa that the chosen electoral system must remain in place for the next few decades, and that is crucial to take politics out of this process as today’s ruling party might be tomorrow’s opposition party. Thus it is necessary to find an electoral system that works for all. Public participation is crucial in this entire process moving towards a new electoral system to ensure that Parliament is representative of the people of South Africa.

Dr P Groenewald (FF+) stated that public participation in the process is important to ensure that the chosen electoral system serves South Africa. It must be borne in mind that the result of the elections should be proportional, which is a constitutional precondition to South Africa’s electoral system. Emphasis must be placed on accountability, because it is not a given that a change in the electoral system will enhance the accountability of politicians. It is important to educate voters that accountability refers to the electorate’s ability to change the candidates or representatives during elections.

Chairperson Bongo agreed with Dr Groenewald and stated that the Constitution ensures a multi-party democracy, which must be adhered to in the new electoral system that Parliament adopts.

Mr K Pillay (ANC) appreciated the briefings. He referred to the presentation by My Vote Counts that stated the inclusion of independent candidates would bring more accountability. What would be the line drawn between a local councillor and a Member of Parliament at a local level? This issue needs more discussion before this process reaches finality. Public participation in the process is important and all stakeholders must be engaged.

Mr S Swart (ACDP) stated that it is key for the Committees to endorse what Mr Moosa presented to Members as the task is to deliver an electoral system that is exceptionally long-lasting and durable in the interest of the future generations of South Africa. There is no time for constitutional amendment, and the new electoral system should remain proportional, in line with the constitutional principles. He appreciated the Constitutional Court’s judgment on independent candidates but stated that the discussions on this topic must include the measures that will be available to hold these candidates accountable.

Mr M Tshwaku (EFF) expressed concern on the slow pace at which the process is continuing, which is a result of the inefficiencies within the ruling party and the non-implementation of the recommendations of the Slabbert Report and that of the High Level Panel. These amendments must be finalised before the deadline set by the Constitutional Court. He appreciated the Constitutional Court’s judgment. The new electoral system must be constituency-centred and cannot be tinkered with. He agreed with Mr Chabane that the MDB must be brought into the conversation on the demarcation of voter districts.

Mr A Nel (ANC) stated that Parliament is faced with the task to timeously give effect to the Constitutional Court judgment that independent candidates have the right to stand for election. However, the judgment also gives rise to the question on whether the electoral system requires reform, and Parliament must engage with this in a manner that involves the people of South Africa. There is no immediate correlation between type of electoral system and the attainment of various objectives. Putting constituencies in place will not by itself solve the issues of accountability. The question of electoral reform goes to the heart of South Africa’s constitutional democracy. The reason for the entire process is to build a non-racial, non-sexist and democratic society for the people of South Africa, and these are the ideals that must be centralised in the electoral system that will be adopted by Parliament and the country, as a whole. Aspects of social and political inclusivity must be given the proper weight in these discussions. Our society is still burdened with the painful effects of the Apartheid era, which links geography and race. Any electoral system that is adopted must take into account the lived realities of the citizens of South Africa. There must also be discussions on whether the inclusion of independent candidates will enhance the legitimacy of our elections.

Mr Q Dyantyi (ANC) agreed that the task is to build a non-racial, non-sexist and democratic society for the people of South Africa, and these are the ideals that must be centralised. He appreciated the tone that has been set for the process to amend the electoral system of South Africa. He agreed with Mr Moosa that the Committees and the stakeholders must deliver an electoral system that is exceptionally long-lasting and durable and in the interest of the future generations of South Africa. He thanked Mr Moosa for the background on the current electoral system at the dawn of the country’s democracy. He also appreciated the pragmatic and practical timeframes presented by the IEC.

Mr G Hendricks (Al Jama-ah) appreciated the briefings. Parliament must be opened to the people of South Africa, especially with the dramatic changes to our electoral system.

Minister Motsoaledi replied that it is easy to get lost in the complexities of an electoral system. There is no ideal electoral system in existence, but it is dependent on what South Africa needs, which is simplicity, the centrality of voters, and proportionality in representation. The guiding principles of the Constitution must be the foundations of the country’s new electoral system, and sufficient consideration must be given to these issues to ensure that the new electoral system is relevant to the people of South Africa. The ideal electoral system will be the system that suits the needs of the population of the country.

Mr Moosa thanked everyone for the briefings and inputs. There is a high degree of convergence between the political parties on the reform of South Africa’s electoral system. There should not be a move away from the fundamental philosophy of our Constitution, and the electoral system that will be adopted must be in keeping with our constitutional order, including accountability and fairness, and that the outcomes of the elections are proportional. The requirements of the Constitutional Court can be met.

Mr Masterson stated that more in-depth research must be made into the electoral systems adopted by other countries to determine what the demands of the South African constituencies are.

Mr Moepya replied that the IEC is guided by the Constitution that outlines election timeframes and the term of office of the National Assembly. He thanked the attendees for the inputs received.

Chairperson Bongo thanked everyone for the briefings made and inputs delivered.

The meeting was adjourned.
 

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