The Speakers’ Forum had its last meeting on Friday, 3 March to wrap up the work of the 6th parliamentary term and plan for the transition to the seventh Parliament.
Addressing the Forum, the Chairperson of the National Council of Provinces, Mr Amos Masondo, noted the great strides made in the sixth Parliament that served as a midwife to the 30th year of democracy.
“We are now at the tail end of our parliamentary term and general elections are pending. They coincide with more than 60 elections taking place globally amid various tumultuous issues the world is currently grappling with, including, among others, the devastating incidents of climate change that led to the death of well over two hundred people in Kenya, China and Dubai,” he said.
Also making opening remarks, the Acting Speaker of the National Assembly, Mr Lechesa Tsenoli, said, “This being the last meeting of the Speakers Forum, it’s important to acknowledge the milestones we have registered in solidifying a coherent, collaborative and citizen-centric legislative sector.”
He said the sector has played a critical role in international parliamentary platforms such as the Inter-Parliamentary Union, the South African Development Community’s Parliamentary Forum and the Commonwealth Parliamentary Association, to name a few. These diplomatic engagements, he said, have galvanised the South African Legislative Sector as a voice of reason that advances the African agenda in parliamentary affairs globally.
The Secretaries’ Association of the Legislative Sector of South Africa (SALSA) also presented the sector’s transitional framework and the plans to ensure a smooth transition. It assured the Forum that the sector is ready for a smooth transition and any eventuality that may arise. It also outlined in its report the key dates, roleplayers and constitutionally required processes that will be followed during the transition.
Key dates and numbers
The Chief Electoral Officer of the Independent Electoral Commission (IEC), Mr Sy Mamabolo, who also provided input to the Forum, assured them of the IEC’s readiness for the elections.
He said there are 27 million registered voters and 23 929 voting stations across the country. Giving a breakdown of voters’ demographics, he said that 15.3 million of the 27 million voters registered are female voters and 12.4 are males. What is most encouraging in these elections, is that the 18 to 19-year-old voters have increased from 5% in previous elections to 27%, he said. The IEC forecast is that there would be a marginal increase in voter turnout.
Mr Mamabolo said the IEC intends to declare the elections on 1 or 2 June. The publishing of election results in the Government Gazette is set for 5 June and the handover of the lists to the Chief Justice is set for 6 June.
If all goes according to plan, the report states, the National Assembly will be formally constituted on 12 June and the new President is then expected to be inaugurated on 15 June.
Mr Mamabolo raised concerns over the increasing challenges of managing elections, which he attributed to the increase in the number of political parties and independent candidates contesting elections. This has now resulted in three long ballot papers. He suggested that there is a need for a political discussion to determine the optimum threshold for political participation in elections.
Preparing for the end of the parliamentary term
According to the report, there is no need for Parliament and provincial legislatures to be dissolved and the National Assembly and provincial legislatures will function until 28 May – the eve of the elections. However, the National Council of Provinces (NCOP) will operate until the seventh provincial legislatures are formally constituted.
In terms of section 57 of the Electoral Act of 1998, the election results must be declared within seven days from the day of elections, while in terms of the Constitution, the first sittings of the legislatures should take place within 14 days from the date the official results are declared.
To ensure a seamless transition, the report states, staff of the National Assembly is currently working with the Office of the Chief Justice to ensure that this process complies with prescribed statutory rules. This collaboration is crucial because once the election results are declared, the lists of Members of Parliament and Provincial Legislatures – certified by the Independent Electoral Commission (IEC) and handed over to the Chief Justice, will be handed over to Parliament and the provincial legislatures to allocate seats accordingly.
The first sittings
The Chief Justice will preside over the swearing-in of Members of Parliament. Following the swearing-in of members, the Speakers will be elected. The Chief Justice also presides over this session. This is followed by the election of the Deputy Speakers in a session the Speaker presides over. Once the House is fully constituted with members sworn in and office-bearers elected, it then proceeds to elect the President in the case of the National Assembly and Premiers in the case of the provincial legislatures.
The NCOP, constituted by provincial delegates, would follow suit with the swearing of permanent delegates, as well as the election of the Chairperson and Deputy Chairperson. This only happens once the provincial legislatures are constituted.
The designated judges will preside over the swearing-in of Members of Provincial Legislatures. Following the swearing-in of members, the Speakers will be elected. The designated Judge also preside over the election of the Premier.
Induction of new members
SALSA has devised six Induction Modules that include the rules, legislative process, law-making processes, oversight, public participation, and operational manuals. A task team has been set to review these modules which will be published and circulated on 28 May.
The Legislative Sector, sixth Parliament and Legislatures’ Legacy Reports would be consolidated and handed over to the incumbents. Critically, these reports would contain an overview of the evolution of the sector, the performance of its committees, lessons learnt in its public participation initiatives, challenges and progress made by its oversight and law-making mechanisms, the operational milestones it achieved and those that still lie ahead.
Abel Mputing
6 May 2024
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