ATC150819: Report of the Portfolio Committee on Home Affairs on the filling of a vacancy in the Electoral Commission, dated 19 August 2015

Home Affairs

Report of the Portfolio Committee on Home Affairs on the filling of a vacancy in the Electoral Commission, dated 19 August 2015
 

The Portfolio Committee on Home Affairs, having considered a request to the National Assembly by the Chief Justice of the Republic of South Africa, Mr Mogoeng Mogoeng, to nominate a suitable candidate to fill a vacancy in the Electoral Commission, reports as follows:

 

A panel established in terms of section 6(3) of the Electoral Commission Act (No 51 of 1996) and comprising the Chief Justice (chairperson), the Chairperson of the South African Human Rights Commission, the Chairperson of the Commission for Gender Equality and the Public Protector; submitted a list of candidates and their curricula vitae to the National Assembly for consideration to fill a vacancy in the Electoral Commission.

 

The matter was referred to the Portfolio Committee on Home Affairs on 16 July 2015 for consideration and report (see Announcements, Tablings and Committee Reports, pg.2638). The committee met on 22 July 2015 in Northern Cape at Nakop Port of Entry to consider the recommended candidates.

 

In terms of section 193(2) of the Constitution, a Commission established should reflect broadly the race and gender composition of South Africa.

 

The following are the current Commissioners:

 

  • Mr. IT Tselane
  • Rev.BB Finca
  • Judge GM Makhanya
  • Mr. VG Mashinini

 

The Committee noted that the current Commissioners were not representative on gender and race as required. The report from the Chief Justice which was referred to the Committee on 16 July 2015 had eight names, i.e. seven were African males and females and one was a white female.

Following its deliberations, the committee resolved to:

                                                                                                      

1.       Appreciate the report of the Chief Justice; and

2        Appreciate all recommended candidates such as their capability, suitability, qualifications and experiences.

 

Given the need for gender and race representivity, as per section 193 (2) of the Constitution, the list of recommended candidates, does not provide the Committee with sufficient choice.

 

Therefore, the Committee recommends that the President considers the re-initiation of the process of advertising and interviews to identify more candidates meeting the equity requirements.

 

 

Report to be considered

 

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