Civil society plans to counter the “biased” electoral reform panel that has been set up by the government by establishing its own team.
Many organisations have objected to the Electoral Reform Consultation Panel proposed by former home affairs minister Aaron Motsoaledi and endorsed by the National Assembly because it lacks civil society representation and includes current or former members of the Electoral Commission SA, as well as members of previous electoral reform panels.
NGO My Vote Counts (MVC) is launching the Civil Society Electoral Reform Panel (CSERP), which comprises representatives from NGOs and social movements, “to demonstrate civil society’s continued commitment to deepening democracy, and engage in the process of electoral reform”.
The reform panel will be officially launched on August 16.
MVC executive director Minhaj Jeenah told Business Day the panel would comprise representatives of seven NGOs and two social movements, which were all involved in work regarding transparency, accountability and anticorruption.
Jeenah emphasised the panel would not have a predetermined outcome, such as the recommendation for a constituency-based electoral system as proposed by the majority report of the ministry advisory panel chaired by former constitutional affairs minister Valli Moosa.
Motsoaledi rejected that recommendation in favour of a minority report that recommended adjusting the existing electoral system to accommodate independent candidates.
Among the issues to be looked at by the civil society panel would be the right to recall, the closed list system and campaign financing, Jeenah said.
“The purpose of the panel is to undertake a critical analysis of the current electoral system and its links to accountability and democracy. We do not believe that has been done sufficiently. We are not of the view that the current system should change but to do an analysis and produce a blueprint for civil society to take forward.”
Jeenah said civil society did not have confidence that the “compromised” state panel would come up with an objective view, and even if it did and recommended a radically new electoral system, the state was “highly unlikely” based on prior experience to take it forward as it would fundamentally challenge those who held political power.
Independent Candidates Association founder Michael Louis welcomed the formation of the civil society panel as an “excellent idea”, especially as there was no possibility to change the composition of the official panel, which has to report within one year. He was confident the civil society panel would not have predetermined views and would come up with what was best for the country.
Eighteen civil society organisations expressed concern over the members of Electoral Reform Consultation Panel approved by the National Assembly.
They said in a statement at the time that they did not believe the panel “represents the spectrum of necessary skills, experience and independence needed to conduct the urgent quest for electoral reform”.
They said some members of the panel had “shown an unwillingness to engage on electoral reform with an open mind” and that the panel lacked adequate civil society representation.
The civil society organisations included the Ahmed Kathrada Foundation, Council for the Advancement of the SA Constitution, Organisation Undoing Tax Abuse and the Rivonia Circle.
The final list of nine members of the panel adopted by the National Assembly comprised advocate Pansy Tlakula, a previous chair of the Electoral Commission of SA (IEC) in 2009-14; lawyer and senior lecturer Mmatsie Mooki; capacity development adviser and previous IEC employee Tomsie Dlamini; academic, lawyer and previous public servant Richard Sizani; former chair of the Municipal Demarcation Board and former eThekwini city manager Michael Sutcliffe; IEC chief electoral officer Sy Mamabolo; former IEC senior manager Michael Hendrickse; deputy CEO of the IEC Norman du Plessis; and academic and researcher Albertus Schoeman.
The civil society organisations said the panel included three individuals who served on Moosa’s panel, who supported the “minority view” on electoral reform, which was accepted by Motsoaledi.
Opposition parties expressed similar objections to the panel members to those expressed by the civil society organisations. DA MP Adrian Roos said the list lacked diversity and was dominated by former government and IEC employees. There was no civil society voice among the nominees, some of whom lacked election experience. IFP MP Liezl van der Merwe objected to the lack of representation of women and youth on the panel.
The Electoral Reform Consultation Panel has the mandate to investigate alternative electoral systems and propose reforms before the 2029 national and provincial elections. Its establishment was provided for in the Electoral Amendment Act, which made legal provision for the inclusion of independent candidates in the election.
Update: August 1 2024
This story incorrectly stated that My Vote Counts objects to the Electoral Reform Consultation Panel and has been amended accordingly
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