Electoral Reform Consultation Panel Nominees (with Minister); IEC & VFS Oversight Report; Committee Legacy Report

Meeting report

Opening remarks by the Chairperson

The Chairperson welcomed all those who were present in the meeting.

The Committee has been monitoring the developments surrounding the looming provincial and national elections as part of its oversight work. It was confident that the Electoral Court, Constitutional Court (CC), and IEC handled each. In addition, the Committee conducted an oversight visit at the IEC to assess its readiness to hold the elections.

Towards the end of last year, the Committee requested both the IEC and the Minister to re-advertise nominations for individuals to serve on the ERCP. The Committee hoped to receive the list of proposed names in February to finalise the process before Parliament dissolved. Nevertheless, Members were pleased that the list was finally ready, he added.

After the presentation of the proposed names, members will deliberate on the report. Once it was done so, it would discuss its draft report on the oversight visits at Home Affairs and the IEC.

He mentioned that both reports would form part of the Committee’s Legacy Report, as agreed in the previous meeting.

Having made those opening remarks, he asked if any apologies were recorded.

Mr Eddy Mathonsi (Committee Secretary) said the Committee received apologies from the Deputy Minister of the DHA and Ms Tellana Halley.

The Chairperson asked the Minister to introduce the department’s delegation.

Mr Tommy Makhode (Director-General of the DHA) mentioned that the Minister was on a flight and would join the meeting later.

He tabled two apologies from Mr Thomas Sigama (Deputy Director-General: Civic Services at the DHA) and Mr Thulani Mavuso (Deputy Director-General: Institutional Planning and Support at the DHA).

The Chairperson invited the IEC Chairperson to introduce his delegation.

Mr Mosotho Moepya (IEC Chairperson) tendered Mr Sy Mamabolo’s (Chief Electoral Officer of the IEC) apology, who had other work commitments.

The Chairperson noted all of the apologies tendered to the Committee and then invited the department to make its presentation.

Submission of the nine identified nominees to serve on the ECRP

Mr Makhode outlined that the purpose of the presentation was for members to consider the names of the nine identified nominees to be appointed as members of the ERCP, as required by the Electoral Matters Amendment Act.

Adv Phelelani Khumalo (Head of Legal Services at the DHA) took Members through the presentation. He pointed out that the presentation document was the same one presented during the November meeting.

The Minister, as required by the EAA, was required to establish a Panel four months after the adoption of the Act. The Panel would independently investigate, consult, report on, and make recommendations regarding potential reforms of the electoral system for the election of the National Assembly and the election of the provincial legislatures in respect of the elections to be held after the 2024 elections. A report of these recommendations must be submitted to the Minister 12 months after the 2024 elections.

After the President signed the Amendment Act into law on 13 April 2023, the department, after consultation with the IEC, published a Notice calling for nominations from members of the public of fit and proper persons to serve on the Panel on 19 May 2023. However, as the President only issued the proclamation as to the date on which the Amendment Act was to be in operation, a new Notice was issued on 21 July 2023, with a deadline for nominations on 11 August 2023.

The department received 25 nominations, ranging from academics, medical doctors, a former chairperson of the IEC, and a current Commissioner. After analysing the names, the Minister, on behalf of the department, submitted a report to the Joint Sitting of the Portfolio Committee on Home Affairs and the Select Committee on Security and Justice & Correctional Services on 30 November 2023, which included his nine preferred names. After much discussion, the Joint Sitting requested the Minister publish a new Notice, citing a lack of demographic representation.

This was done on 12 December 2023, with a deadline for nominations set for 19 January 2024. Only seven nominations were received, three female and four male. Thus, 32 nominees were received in total.

After consultations with the IEC on 24 March 2024, the Minister settled on nine names for consideration. These were: Ms Faith Pansy Dikeledi Tlakula, Ms Mmatsie Mooki, Ms Tomsie Priscilla Dlamini, Adv Richard Khaliphile Sizani, Dr Michael Oliver Sutcliffe Mr Phatudi Simon Mamabolo, Mr Michael Andre Hedrickse, Mr Norman du Plessis, and Dr Albertus Schoeman.

After the presentation, the Chairperson invited the Minister and IEC to comment.

Mr Aaron Motsoaledi (Minister of the DHA) apologised for logging into the meeting late. He had no further remarks as the presentation covered all the matters.

Mr Moepya said the presentation accurately covered the deliberations between the department and IEC regarding the preferred names to be adopted by the Committee. During those discussions, it was agreed that Adv Sizani would be put forward to chair the Panel and that a functional secretariat would be required to assist panellists in carrying out their work speedily, as they will not be working full time.

The Chairperson opened the floor for discussion.

Discussion

Mr K Pillay (ANC) welcomed the presentation and acknowledged the panellists' wealth of knowledge and experience.

He moved to adopt the report so it can be sent to the NA as soon as possible.

Mr A Roos (DA) said the DA supported the nominations of Ms Priscilla Dlamini, Mr Sy Mamabolo and Dr Albertus Schoeman to serve on the Panel. However, it expressed concern regarding the fact that 3 of the submitted names had previously served on the Ministerial Advisory Committee (MAC), and the lack of diversity in professional backgrounds among the candidates, with a large number of them being former or current IEC officials – one of which was tainted by a Public Protector (PP) report.

He felt that the exclusion of 3 nominees, namely: Mr Terry Tselane, who is the executive chair of the Institute of Election Management Services in Africa and executive board member and senior advisor of the Association of World Election Management Bodies, and has previously served as the Deputy Chairperson of the IEC and a Commissioner; Mr Michael Atkins, who would provide an independent view, as he has no political affiliations, and analytical skills, as shown in the invaluable input he provided the Committee over the last few years on seat allocation and other related formulas; and Judge Kriegler, whose experience as the former chair of the IEC, and particularly, CC Justice, would have assisted in ensuring that the constitutionality of the new bill would not be challenged; were a missed opportunity to include relevant and important skills to the Panel.

In addition, he thought that candidates from civil society could have been included, as the Committee agreed that a societal approach was needed for electoral reform. Two such candidates were Ms Letlhogonolo Letshele, who is a young academic from the University of Johannesburg’s Department of Politics who has worked at the Electoral Institute for Sustainable Democracy in Africa, the Department of Cooperative Governance and Traditional Affairs and the Southern African Liaison Office, and currently works as an electoral systems researcher at My Vote Counts (MVC); and Joyce Pitso, who has worked in the elections technology space across Africa, a resource centre coordinator manager at the IEC, a technical advisor, and in the United Nations Development Programme (UNDP) supporting elections for Ethiopians in Democracy.

He added that the DA believed that these persons would bring a diversity of skills, fit for purpose, and different points of view to the panel.

Ms L Van Der Merwe (IFP) expressed concerns regarding the late submission of the report, as the Committee made it clear in its November meeting that the extended deadline for submission would be between February and March, before Parliament rose. This delay, she stressed, prevented Members who were passionate about electoral reform from properly considering the candidates and the process as a whole.

For her, the issue was not the names tabled but those left out. In its last engagement with the Minister, the Committee underlined the importance of ensuring enough women and youth representation on the Panel.

Similar to the DA, the IFP was disappointed by the exclusion of Mr Terry Tselane from the proposed Panel members. He is an IEC veteran with vast experience on issues relating to elections, as well as those of Mr Atkins, Ms Pitso, and Ms Letshele.

She felt this was a missed opportunity to include some people who would bring new ideas and contributions to the Panel. Nevertheless, she was confident that nine nominees could do the required work.

Ms T Legwase (ANC) was satisfied with the process and names submitted for adoption. She seconded the mover to adopt the report.

Ms A Khanyile (DA) echoed Mr Roos’ sentiments of the DA’s disappointment with the exclusion of Mr Tselane, Mr Atkins, and Judge Kriegler.

Ms M Modise-Mpya (ANC) agreed that the process could have been concluded earlier. Regardless, she believed that those nominated were highly qualified and experienced. She also extended appreciation to those who were not nominated.

While not all Members were satisfied with the proposed names, she was certain that the nominees would carry out the required work to ensure electoral reform in the country. Moreover, she expressed hope that the nominees would not express bias, considering the polarised political climate in the country.

She disagreed with the proposal to include Ms Letshele on the Panel as she served MVC, which, from time to time, sent Members emails relating to their views, which were not partial, on the issues or processes taking place in Parliament.

She also moved to second the mover to adopt the report and called for urgency in resolving this matter, given the short time left until the elections.

Mr T Mogale (EFF) expressed the EFF’s reservations on the inclusion of Adv Pansy Tlakula on the list of nominees, given that she departed from the IEC in 2014 under a dark cloud, with the PP making negative findings on her conduct.

The EFF also disagreed with the exclusion of Mr Terry Tselane. It also took issue with the under-representation of women – only three were nominated – and lack of youth on the list of nominees.

Minister Motsoaledi indicated that the department had only expressed its preferences for candidates to serve on the Panel, not appointing them.

None of the Members complained that the department had put forward individuals without the required skills, qualifications and experiences. All that had been expressed was a difference in preference, he said. For instance, Mr Tselane did not have more experience than those nominated.

In his opinion, the department had submitted the names of men and women with the required experience, qualifications, and experience to fulfil the panel's work.

Mr Moepya reminded the Committee that the first advert for nominations attracted few applications, and the second was even worse. As such, both the department and IEC could only work with the 32 names nominated.

Mr Roos said it was not true that the DA did not provide reasons for opposing certain individuals being left out. For instance, it was previously pointed out that Adv Sizani lacked research, electoral expertise, and experience, while Ms Mooki had no electoral reform expertise.

The Chairperson thanked the Members for their input in the deliberations. He stressed that all members agreed that those nominated had the required experience to contribute to the electoral reform process Parliament has been directed to implement. He noted that it had been a long process to appoint the Panel.

The Committee appreciated the Minister’s decision to strengthen the Panel’s secretariat to ensure that the work is completed speedily and the IEC’s willingness to permit one of its officials, the Chief Electoral Officer, to serve on the Panel

He proposed that the Panel’s secretariat include young people to compensate for their exclusion. The committee understood that the secretariat would also work closely with the department and IEC.

The 7th Parliament will be responsible for deliberating on the report that is to be submitted by the Panel, he added.

Noting that Members had moved and seconded the report's adoption, he asked if there were any objections.

Mr Mathonsi asked if he could review the report before Members moved for its adoption.

The Chairperson said the Committee could not be taken through the draft report before it noted Members’ support.

Mr Roos asked that the DA’s objection be noted.

Ms Van Der Merwe expressed the IFP’s objection to the report.

The report was carried, noting the DA and IFP’s objections.

Draft Report of the Portfolio Committee on Home Affairs on nominees to serve on the ERCP, dated 14 May 2024

Mr Mathonsi took the Committee through the report, which reflected the entire process leading up to the department's submission of the nominees.

The Chairperson requested a mover to adopt the report.

Ms Modise-Mpya moved for its adoption.

Ms A Molekwa (ANC) seconded the mover.

Mr Roos asked if the DA and IFP’s rejections had been noted.

The Chairperson confirmed that they had been.

The report was duly adopted, noting the DA and IFP’s objections.

Read: ATC240514: Report of the Portfolio Committee on Home Affairs on nominees to serve on the Electoral Reform Consultation Panel, dated 14 May 2024.

Draft Oversight Report of the Portfolio Committee on Home Affairs to VISA Facilitation Services and the Electoral Commission on 25 and 26 April 2024, dated 14 May 2024

Mr Adam Salmon (Committee Content Advisor) asked if he should take Members through the entire report or only the recommendations.

The Chairperson asked for Members’ views.

Mr Roos felt that Members should only be taken through the recommendations.

Mr Pillay agreed.

Ms Van Der Merwe agreed.

Ms Modise-Mpya agreed.

Mr Mogale agreed.

Mr Salmon proceeded to take Members through the recommendations, some of which were that the department should address the delays observed between completing the printing of permits and dispatching them as soon as possible; the introduction of a track and trace system for the processing of immigration documents; colour schemes of political parties should be aligned on results maps and images where possible; and that the Committee be informed on how compensatory seat calculations are to be done before the election.

The Chairperson mentioned that the report would be included in the Committee’s Legacy Report. Thereafter, he asked if Members had any comments to make.

Mr Pillay supported the proposed recommendations.

Mr Roos asked that the report also recommend finalising the public-private partnership (PPP) between the department and the service provider of the visa facilitation services.

Ms Van Der Merwe supported the recommendations as listed.

Ms Legwase also supported them.

Mr Mogale also voiced his support for the recommendations.

Ms Khanyile asked if a deadline could be placed for the IEC to submit a video showing that it had corrected the glitches on the Voter Management Devices (VMDs).

Ms Modise-Mpya supported the recommendations.

Mr Moepya explained that when the Committee conducted its oversight visit, it was shown a simulation by the IEC, which was working in a training environment. Its VMDs prevented a duplicate vote from being captured. As such, he did not think the IEC had to record a simulation of a live scenario to send to the Committee. He asked for clarity on what exactly the Committee wanted.

Thereafter, he indicated that the IEC had not understood the fourth recommendation in the report, which said Members should be permitted to witness how the VMDs would prevent duplicate voting during the Special Voting Day. Legally, this was not allowed, as Members would be standing as candidates in the election. He asked for clarification.

The Chairperson stated that the fourth recommendation did not arise in the Committee’s deliberation. As it was clear to Members that they would not be allowed to do so, the recommendation would be removed.

Also, he asked the Content Advisor to revise the wording of the third recommendation to outline that there were previously difficulties with the functioning of VMDs, but the IEC had since demonstrated during the Committee’s oversight that this had been corrected.

Mr Pillay said it was explained to Members during their oversight visit that those VMDs were training gadgets and were not prone to a live election day; hence there would be a glitch. He felt that the third recommendation should be removed from the report.

The Chairperson agreed with Mr Pillay’s proposal to remove the recommendation.

Minister Motsoaledi asked for clarification on Mr Roos’ earlier suggestion.

The Chairperson indicated that Mr Roos had asked for the report to include a recommendation that the PPP between the department and service provider for VISA facilitation services be finalised.

Mr Roos added that the service provider had been re-appointed without a tender, so a PPP process had to be initiated. This process would need to be finalised.

The Chairperson mentioned that the report was duly adopted.

Mr Mathonsi highlighted that a mover and a seconder were needed to adopt the report.

The Chairperson noted this and requested a mover to adopt the report.

Mr Roos moved for its adoption.

Ms Modise-Mpya seconded the mover.

The report was duly adopted.

Read: ATC240514: Oversight Report of the Portfolio Committee on Home Affairs to Visa Facilitation Services and the Electoral Commission on 25 and 26 April 2024 Dated, 14 May 2024.

Committee Legacy Report

The Chairperson reminded the Committee that the issues dealt with in the special meeting would be included in its Legacy Report. Now that it has adopted the two reports, they will also be included. He asked the Content Advisor if he was correct.

Mr Salmon confirmed that he was correct.

The Chairperson requested a mover to adopt the report.

Mr Pillay moved for its adoption.

Ms Modise-Mpya seconded the adoption.

The report was duly adopted.

Read: ATC240514: Legacy Report of the Portfolio Committee on Home Affairs on Activities during the 6th Parliament, Dated 14 May 2024. (May 2019 – April 2024)

Thereafter, the Chairperson asked if this was the Committee’s final meeting for the term.

Mr Mathonsi confirmed that it was. He also indicated that the Panel report would be presented to the NA on Thursday, 16.

The Chairperson invited the Members, Minister and IEC to make their farewells.

Final farewells

Ms Modise-Mpya thanked the Chairperson for his leadership during the 6th Administration, which assisted the Committee in navigating many challenging matters. Furthermore, she extended appreciation to all Members for their participation in the committee's processes.

She wished all political parties well in the election campaign.

Ms Van Der Merwe commended the Chairperson for his leadership and fairness towards all Members. She also thanked Members for their contributions, the support staff for their assistance, the Minister for his hard work, the department's Director-General (DG), and the IEC.

She wished all political parties well in the election campaign.

Mr Roos felt that the Committee had become a family over the last five years and had achieved much. Despite that, more work still needed to be done.

He thanked the Chairperson for the example he set on how to chair a committee, the support staff for the assistance they provided Members, the IEC for its receptiveness to Members’ suggestions, the DG for his responsiveness to Members’ questions, and the Minister for never shying away from appearing before the Committee at all times and be willing to be held accountable.

Ms Khanyile applauded the Chairperson for his leadership and treatment of Members over the Sixth Administration. She also thanked the Ministry for assisting the Committee in dealing with the various issues before it, the Deputy Director-Generals (DDG) for their responsiveness, the Members and the IEC.

Mr Mogale extended his appreciation to the Chairperson, Members, support staff, department and IEC.

Mr Pillay appreciated the Chairperson’s support of members over the term and the leading role he played. In addition, he noted that Members were cordial in their dealings with one another.

He thanked the DG and DDGs for their responsiveness to Members' queries and the Minister for his consistent attendance at the meetings.

Mr Moepya believed that electoral democracy in the country had not disappointed, and had, in fact, matured over the past 30 years.

He submitted that the Committee had to deal with the toughest issues of any committee on home affairs since the beginning of democracy.

While the IEC and Committee endured difficult constitutional challenges, they were able to resolve them for the nation's benefit, he added.

He thanked all Members, the various stakeholders who have made submissions on Bills, and the department.

Minister Motsoaledi expressed his sincere gratitude to the Committee for its cordial engagement with the department. He could not wish for a better Committee to work with. He also noted that the department had worked very well with the IEC, and he hoped that would continue going forward.

He applauded the Committee for its work, especially for passing a law establishing the Border Management Authority.

Mr Makhode echoed the Minister’s words.

The Chairperson asked Members to collectively thank Adv Bongani Bongo for leading them earlier in the 6th Term. He thanked them for working collectively to address the various challenges during the term and to conduct efficient oversight over the department.

In addition, he thanked the minister and his department for consistently availing themselves of scrutiny from the committee and the IEC and for working closely with members. He agreed that this was the most difficult legislation the Committee has had to process.

He also thanked the parliamentary support staff for the assistance they provided to the Committee during the term and for the contributions made by stakeholders to the Bills processed.

He called for Members in their individual capacities to educate voters on the newly introduced three-ballot system.

The meeting was adjourned.