ATC231206: Report of the Portfolio Committee on Home Affairs on the Establishment of the Electoral Reform Consultation Panel dated 4 December 2023

Home Affairs

Report of the Portfolio Committee on Home Affairs on the Establishment of the Electoral Reform Consultation Panel dated 4 December 2023.

 

The Portfolio Committee on Home Affairs (referred to as the “Committee”) having considered the report of the Minister of Home Affairs (referred to as the “Minister”) on the establishment of the Electoral Reform Consultation Panel (referred to as the “Panel”) reports as follows:

 

1.         INTRODUCTION.

 

The Committee received a briefing from the Minister on the establishment of the Panel on 1 December 2023.  

 

The Electoral Amendment Act 2023 provides for the establishment of the Panel within four months of the commencement of the Act. The Minister reported that the second Notice to advertise in the Government Gazette was on 21 July 2023 and in consultation with the Independent Electoral Commission (referred to as the “IEC”) was extended to 11 August 2023.

 

The functions of the Panel are to independently investigate, consult on, report on and make recommendations in respect of 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. The Panel must perform its functions in a manner that enables Parliament to exercise its constitutional powers to determine the electoral system for the elections of the National Assembly and provincial elections, in respect of the elections to be held after 2024.

The Panel must, prior to the 2024 elections, engage in research and consider issues falling within its functions and after the 2024 elections, the Panel must undertake a public consultation process regarding issues falling within its functions and submit a report to the Minister every three (3) months on its progress. The Panel must, within 12 months of the date of the 2024 elections, submit a report to the Minister on the possible options for electoral reform for the election of the

National Assembly and the election of the provincial legislatures.

 

To constitute a Panel, the Minister must call on the public and any interested parties to nominate fit and proper South African citizens who:    

• have the necessary skills, expertise, experience, knowledge or academic qualifications in the administration and running of elections or constitutional law or electoral systems.
• are not members of Parliament or of any provincial legislature; and
• have not, in the past 12 months, been office-bearers or employees of any political party,

 

The Minister must appoint nine members to the Panel in consultation with the IEC and after approval by the National Assembly and appoint one member of the Panel as the Chairperson.

 

2.         BRIEFING BY THE MINISTER OF HOME AFFAIRS

 

The Minister reported that the Electoral Amendment Act was assented to, and signed into law by the President of the Republic of the Republic of South Africa on 13 April 2023.  On 19 May 2023, the Department of Home Affairs in consultation with the IEC published a Notice calling upon members of the public, as well as any interested parties, to nominate fit and proper South African citizens for membership of the Panel. The first Notice was published in Proclamation No. R 695, in Government Gazette No. 48635 on 19 May 2023.  He reported the President signed the proclamation to bring into operation the Electoral Amendment Act, 2023 in the Government Gazette on 22 June 2023. The first Notice calling for the nomination of members of the Panel was made before the proclamation to operationalize the Act. The second Notice was published in the Government Gazette on 21 July 2023.  The Department of Home Affairs, together with the IEC proceeded to draft the requisite Correction Notice (the “second Notice”). The rationale for the Correction Notice was, inter alia, to extend the public comment period up to 11 August 2023.

 

The Minister reported that the Department received 25 nominations by 11 August 2023 ranging from medical doctors, academics, present and former IEC personalities and of the 25 nominees received, four (4) were females and 21 were males. Of the 25 nominees two (2) did not hand in proof of the acceptance of the nomination. Three (3) of the nominees are from IEC, one (1) is a current Commissioner and two (2) are employees. The Minister consulted with the IEC on 27 November 2023 on the IEC personnel on the list and it was resolved that the Commissioner and the staff should not be part of the Panel. They were thus removed from the list. When the two (2) nominees who did not provide proof of acceptance and the three (3) nominees from the IEC are removed from the list, the Minister received 20 nominees Of the 20 nominees, the Minister recommended 12 names and the Portfolio Committee must recommend to the National Assembly to the approval of nine (9) to serve in the Panel.

 

During the consultation between the IEC and the Minister, the following criteria were adopted and used in shortlisting the nominees.

• Demographic Profile (The composition of the panel needs to reflect a balance in various demographic criteria).
• Constitutional Legal Framework (Demonstrated understanding of the Constitutional and National legislative imperatives relevant to electoral systems).
• Understanding the Economic and fiscal implications of the varied electoral systems.
• Demonstrated understanding of political systems in functioning democracies in different parts of the world.
• Persons who do not hold elected political office in any political party.
• persons who are not members of Parliament, Provincial Legislature and Municipal Councils
• Involvement in Community activism and upliftment.
• Demonstrated research ability.
• People who demonstrated a willingness to explore options and solutions rather than hold fixed views in relation to democratic systems and electoral systems; and
• Electoral experience and may include demonstrated/applied knowledge of electoral systems; experience in electoral administrations; and Knowledge of electoral legislative frameworks).

 

 

3.         COMMITTEE DELIBERATIONS.

 

3.1.      The Committee raised a concern that the Minister has missed the deadline to establish the Electoral Reform Consultation Panel and there was no clear communication to the Committee by the Minister.

3.2.      The list of names did not meet the demographic of South Africa and people who had not submitted their Curriculum Vitae (CV) should be contacted to request their CVs.

3.3.      The list lacked representation of women and young people. In the report by the Minister, it was indicated that only four (4) females were nominated. The process of public nomination should be reopened to attract more females, young people and persons with disabilities. The list of names that were sent to the Committee by the Minister lacks relevant skills.

3.4.      The Committee was concerned about the extra criteria that were agreed between the Minister and the IEC, which are not part of the legislation.

 

 

4.         RECOMMENDATIONS.

After extensive committee deliberations, the Committee recommended the following to the Minister of Home Affairs and the IEC:

 

4.1.      should consider reopening the process to call upon members of the public, as well as any interested parties, to nominate fit and proper South African citizens for membership of the Panel. The Minister should adhere to the timeframes of the legislation, 12 months after the 2024 elections, the Panel should provide the report to the Minister of Home Affairs on possible options for electoral reform for the election of the National Assembly and the election of the provincial legislatures.

 

4.2.      should consider allowing IEC staff who are nominated to be members of the Panel to be released and participate in the Panel. There should be a discussion between the Minister and the Commission on this matter.

 

Report to be considered.