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

Home Affairs

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

 

The Portfolio Committee on Home Affairs (the Committee), having considered the letter from the Minister of Home Affairs (the Minister) to the Acting Speaker of the National Assembly regarding the list of nominees to serve on the Electoral Reform Consultation Panel (the Panel) dated 2 May 2024, reports as follows:

 

1.       Introduction.

Parliament passed the Electoral Amendment Bill, [B1D-2022] on 23 February 2023, and the President assented to it, the Electoral Amendment Act, 2023 (Act No. 1 of 2023) (the Electoral Amendment Act) on 13 April 2023. The Electoral Amendment Act seeks to provide for  independent candidates to contest the election of the National and Provincial legislatures.

 

Section 23 of the Electoral Amendment Act requires the Minister to establish the Panel within four (4) months after the commencement of the Electoral Amendment Act. The Electoral Amendment Act commenced on 19 June 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:

  • prior to the 2024 elections, engage in research and consider the issues falling within its functions;
  • after the 2024 elections, undertake a public participation process regarding the issues falling within its functions; and
  • from the date of its establishment, submit a report to the Minister every three months on its progress.

 

The Electoral Amendment Act states that the Panel must, within 12 months of the date of the 2024 elections, submit a report to the Minister of Home Affairs on the possible options for electoral reform for the election of the National Assembly and the election of the provincial legislatures.

 

The report of the Panel must, for each proposed electoral system or electoral reform identified by it, include the following:

(a) reasons, potential advantages, and disadvantages;

(b) legal and constitutional implications; and

(c) financial implications.

 

The report must also reflect the views of members of the Panel as to the possible options and recommendations for the electoral reform.

 

In order to establish and constitute the Panel, the Minister must call on the public and any interested parties to nominate fit and qualified 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 any provincial legislature; and
  • have not, in the past 12 months, been office-bearers or employees of any political party.

 

The Minister must then, in consultation with the Independent Electoral Commission (IEC), and after approval by the National Assembly, appoint nine (9) members to the Panel from such nominated persons who satisfy the criteria. The Minister must also appoint one of the members of the Panel as the Chairperson of the Panel.

 

2.       Parliamentary process.

 

On 6 May 2024, the Committee received a copy of the letter addressed to the Acting Speaker of the National Assembly from the Minister, dated 2 May 2024, together with an explanatory memorandum containing the list of names of the nine (9) recommended nominees to serve on the Panel, for consideration and reporting by the Committee.

 

In the letter, the Minister indicated that on 19 May 2023, after consultation with the IEC, a notice was published calling for members of the public and any interested party to nominate fit and qualified South African citizens to serve on the Panel. The Department of Home Affairs (the Department) realised that the notice was issued before the commencement of the Electoral Amendment Act on 19 June 2023. After the proclamation of the Electoral Amendment Act, the Department and the IEC published a second notice to extend the notice period that was published on 19 May 2023 until 11 August 2023. This second notice was published on 21 July 2023.

 

On 30 November 2023, the Minister briefed the joint meeting of the Portfolio Committee on Home Affairs and the Select Committee on Security and Justice regarding the steps that the Minister and IEC had undertaken in order to obtain nominations for the Panel.  The Minister also provided a list of names of preferred candidates to serve on the Panel. After deliberations, the Committees resolved that the list did not have enough demographic representation and requested that the Minister to publish a new notice calling for further nominations.

 

On 12 December 2023, after consultation with the IEC, the Department published a fresh notice calling for members of the public or any interested party to nominate fit and qualified South Africans to serve as members of the Panel. The closing date for the submission of names was 19 January 2024.

 

The Minister consulted with the IEC on 24 March 2024 and an agreement was reached on the names of recommended nominees to serve on the Panel. In the letter to the Acting Speaker of the National Assembly dated 2 May 2024, the Minister recommends the following names for approval by the National Assembly to serve on the Panel:

  1. Ms Faith Pansy Dikeledi Tlakula.
  2. Ms Mmatsie Mooki.
  3. Ms Tomsie Pricilla Dlamini.
  4. Adv. Richard Khaliphile Sizani.
  5. Dr Michael Oliver Sutcliffe.
  6. Mr Phatudi Simon Mamabolo.
  7. Mr Michael Andre Hendrikse.
  8. Mr Norman du Plessis.
  9. Dr Albertus Schoeman.

 

The Department received a total of 32 names that were nominated in response to all their notices calling for nominations. Out of the 32, only nine (9) were recommended to the National Assembly for approval by the Minister.

 

3.       Recommendation.

After deliberations, the Committee agreed with the Minister and recommends to the National Assembly for the approval to appoint the nominees mentioned in the report above to serve on the Electoral Reform Consultation Panel.

 

Report to considered.

 

 

 

 

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