- The IEC has advised Parliament to start immediately on the electoral reform ordered by the Constitutional Court.
- The court declared the Electoral Act unconstitutional and gave Parliament 24 months to fix it.
- Chairperson of the Portfolio Committee on Home Affairs Bongani Bongo promised they would leave no stone unturned.
The Electoral Commission of South Africa (IEC) has asked Parliament to start working post-haste on amending legislation to allow independent candidates to stand in provincial and national elections.
Two weeks after the Constitutional Court delivered a landmark ruling, declaring the Electoral Act unconstitutional and ordering Parliament to amend it within 24 months, the IEC delivered a presentation to the Portfolio Committee on Home Affairs on the ruling on Thursday evening.
At the start of the meeting, committee chairperson Bongani Bongo said: “A constitutional democracy means the Constitutional Court is the final arbiter of decisions made by the executive and Parliament.”
He said it is up to parties to discuss whether they want a parliamentary or constitutional democracy.
“But as things stand, we have a constitutional democracy,” he said.
Musing on the implications of the judgment, he asked what would happen if an independent candidate died.
ANC chief whip Pemmy Majodina asked the exact same question at Thursday morning’s meeting of the National Assembly Programming Committee, where she decried the Constitutional Court’s ruling as an “overreach” and “unfair”.
IEC chairperson Glen Mashinini described it as a “landmark judgment”.
“We are indeed a constitutional democracy,” he said, adding that they, therefore, welcome the ruling of the country’s highest court.
He said it will have far-reaching implications for South Africa’s democratic landscape. It might, therefore, be one of the most important judgments delivered.
He said the Constitutional Court did not pronounce how Parliament should amend the legislation or which electoral model it should adopt.
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Mashinini said the commission does not have a preferred model, nor do they seek to steer Parliament in a specific direction. They are, however, ready to assist the legislature.
Chief electoral officer Sy Mamabolo said the judgment has “huge implications” for the IEC and its budget, and they may have to consider alternative ways to conduct elections.
“As the commission, we want to urge Parliament to immediately start with this huge task,” Mamabolo said.
“I agree with the commission that we need to start as early as possible,” said Home Affairs Minister Aaron Motsoaledi.
He said the matter was discussed at Wednesday’s Cabinet meeting after Justice Minister Ronald Lamola tabled the matter – as is the practice when there is a court judgment impacting on the government.
Cabinet resolved that the department prepare a presentation on the matter, and that a committee of Cabinet members be formed to deal with it.
Motsoaledi said his department had already requested a legal opinion on the matter.
EFF MP Lorato Tito asked if the mixed proportional system wouldn’t be a good time to have municipal, provincial and national elections on the same day – to save costs.
Mamabolo said the matter is before the commission, but there has been no final consideration.
Motsoaledi said it would be for politicians to decide if the elections should be held on the same day.
Motsoaledi dismissed DA MP Adrian Roos’ suggestion that the Frederik van Zyl Slabbert report should be revisited. The minister said his question on why the department and the IEC opposed the application that led to the judgment was “uninspired”.
“But I’m used to him. He always sounds like a jilted lover. I don’t know who jilted him. His questions are a complete waste of time,” Motsoaledi said.
Roos didn’t respond.
In closing, Bongo said: “We’re going to leave no stone unturned.”
He said every South African with a suggestion will be heard.
“We’re going to start a conversation with our people.”
