Parliament, Tuesday, 20 February 2024 – The National Assembly (NA) has, during its sitting today, approved the report of the Portfolio Committee on Home Affairs on the Establishment of the Electoral Reform Consultation Panel. The report, among others, recommends that the Minister of Home Affairs must reopen nominations of ‘fit and proper’ candidates to serve on the panel.

The directive emanates from the Electoral Amendment Act 2023, which compels the Minister to establish the Electoral Reform Consultation Panel within four months of the commencement of the Act. The Act requires the Minister to appoint nine members to the Panel in consultation with the Independent Electoral Commission (IEC) and, after approval by the NA, appoint one member of the Panel as the Chairperson.
When briefing the Committee earlier, the Minister said that the department received 25 nominations after the first notice calling for nominations. One current commissioner and two IEC employees were among those nominated.

After consulting the IEC about its personnel on the list, it was decided that the commissioner and staff members would not be part of the Panel. They were removed from the list, leaving 20 eligible nominees. The Minister recommended 12 names and presented them to the Committee which must recommend nine from the twelve to the NA for approval to serve on the Panel.

After detailed deliberations on the Minister’s briefing and subsequent consultations, the Committee compiled a report with recommendations, which were tabled before the NA this afternoon.

The NA today concurred with the Committee’s recommendation that the Minister should consider reopening the nomination process to call upon members of the public, as well as any interested parties, to nominate fit and proper South African citizens to the Panel 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 House also resolved that the Minister should consider allowing IEC staff who are nominated to be members of the Panel and that there should be a discussion between the Minister and the IEC on this matter.

The Electoral Reform Consultation Panel is a critical body that will look at broader electoral reform and will, among others, independently investigate, consult, report, as well as make recommendations on potential reforms of the electoral system. 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 for the NA and provincial elections.

After the 2024 elections, the appointed Panel must also undertake a public consultation process on issues falling within its functions and submit a report to the Minister every three 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 NA and the election of the provincial legislatures.

ISSUED BY PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA
Enquiries: Moloto Mothapo