Establishment of Electoral Reform Consultation Panel Request
Request for National Assembly approval of 9 nominees for the Electoral Reform Consultation Panel. Legislative time frame, procedure for establishing the panel, and its functions outlined in the Electoral Amendment Act. Guidelines for appointing panel members and their responsibilities towards electoral system reforms post-2024 elections.
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REPORT ON THE ESTABLISHMENT OF THE ELECTORAL REFORM CONSULTATION PANEL CONFIDENTIAL 1
PURPOSE OF PRESENTATION The purpose of the presentation is to request National Assembly to, as contemplated in section 23(9)(b) of the Electoral Amendment Act, 2023 (Act No. 1 of 2023) (the Electoral Amendment Act ), to approve the names of the 9 identified nominees to be appointed as members of the Electoral Reform Consultation Panel (the Panel ). CONFIDENTIAL 2
LEGISLATIVE TIME FRAME FOR ESTABLISHING THE PANEL AND THE FUNCTIONS OF THE PANEL Section 23(1) of the Electoral Amendment Act requires the Minister of Home Affairs to, within four months after the commencement of the Act, establish the Panel. Section 23(2)(a) of the Electoral Amendment Act stipulates that 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. Section 23(2)(b) of the Electoral Amendment Act obliges the Panel to perform its functions referred to in paragraph (a) in a manner that enables Parliament to exercise its constitutional powers to determine the electoral system for the elections of the National Assembly and provincial legislatures, in respect of the elections to be held after the 2024 elections. CONFIDENTIAL 3
PROCEDURE IN ESTABLISHING THE PANEL Section 23(9) of the Electoral Amendment Act provides as follows: - (9) In order to establish and constitute the Panel, the Minister must (a) call on the public and any interested parties to nominate fit and proper South African citizens who (i) have the necessary skills, expertise, experience, knowledge or academic qualifications in the administration and running of elections or constitutional law or electoral systems; (ii) are not members of Parliament or of any provincial legislature; and (iii) have not, in the past 12 months, been office-bearers or employees of any political party; (b) in consultation with the Commission and after approval by the National Assembly, appoint nine members to the Panel from such nominated persons who satisfy the criteria specified in paragraph (a); and (c) appoint one of the members of the Panel as the Chairperson of the Panel. . CONFIDENTIAL 4
LEGISLATED TIME FRAMES FOR THE WORK OF THE PANEL Section 23(3) of the Electoral Amendment Act stipulates that the Panel must (a) prior to the 2024 elections, engage in research and consider the issues falling within its functions; (b) after the 2024 elections, undertake a public participation process regarding the issues falling within its functions; and (c) from the date of its establishment, submit a report to the Minister every three months on its progress. In terms of section 23(4) of the Electoral Amendment Act, 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 National Assembly and the election of the provincial legislatures which must include (a) reasons, potential advantages and disadvantages; (b) legal and constitutional implications; and (c) financial implications, for each proposed electoral system or electoral reform identified by the Panel. CONFIDENTIAL 5
STEPS TAKEN BY THE DEPARTMENT TO ENSURE THE ESTABLISHMENT OF THE PANEL The Electoral Amendment Act was assented to, and signed into, law by the Honourable President, President Cyril Ramaphosa, on 13 April 2023. On 19 May 2023, the Department of Home Affairs (the Department ), after consultation with the Independent Electoral Commission (the IEC ), published a Notice calling upon members of the public, as well as any interested parties, to nominate fit and proper South African citizens for membership of the Electoral Reform Consultation Panel (the first Notice ). The first Notice was published in Proclamation No. R 695, in Government Gazette No. 48635 on 19 May 2023. Soon thereafter, the President signed the proclamation to bring into force and operation the Electoral Amendment Act, 2023. The proclamation was published in Proclamation No. R 696, in Government Gazette No. 48839 on 22 June 2023. CONFIDENTIAL 6
STEPS TAKEN BY THE DEPARTMENT TO ENSURE THE ESTABLISHMENT OF THE PANEL CONT The Notice published on the 19thof May 2023, was, therefore, issued prior to the commencement of the Electoral Amendment Act as the President was required to issue a proclamation as to the date on which the Electoral Amendment Act comes into operation. The second Notice was published in Proclamation No. R 697, Government Gazette No. 49014 on the 21stof July 2023. The Department, together with the IEC, proceeded to draft the requisite Correction Notice (the second Notice ). The rationale for the Correction Notice was, inter alia, to extend the period up to 11 August 2023. CONFIDENTIAL 7
STEPS TAKEN BY THE DEPARTMENT TO ENSURE THE ESTABLISHMENT OF THE PANEL CONT As at 11 August the Department had received 25 nominations ranging from medical Doctors, Academics, former and current IEC personalities. After receiving the nominations, the Department began the process of analyzing the nominations in accordance with the criteria set in section 23(9)(a) of the Electoral Amendment Act and the Second Notice. The Notice called upon the public to submit nominations and the requirements were: - 1. necessary skills, expertise, experience, knowledge or academic qualifications in the administration and running of elections or constitutional law or electoral systems; 2. not be a member of Parliament or of any provincial legislature; and 3. not, in the past 12 months, have been an office bearer or employee of any political party. All motivated nominations indicating the prescribed requirements and which must be accompanied by an acceptance of nomination duly signed by the nominated candidate. . CONFIDENTIAL 8
ANALYSIS OF NOMINEES RECEIVED The Department received 25 nominations ranging from medical Doctors, Academics, present and former IEC personalities. Of the 25 nominees received, 4 are females and 22 males. Two of the nominees did not hand in proof of acceptance of nomination as per criteria set in the Notice, in fact one of them wrote a letter stating that he has been nominated but he did not attach any proof of such nomination(full details in Amber Tables below- numbers 21 and 22), leaving us with 23 nominees. CONFIDENTIAL 9
CONSULTATION BETWEEN THE MINISTER AND THE IEC On 27 November 2023, the Minister consulted with the IEC pursuant to section 23(9)(b) of the Electoral Amendment Act. During the consultation the IEC resolved that its Commissioners and staff should not be part of the Panel and hence must be removed from the list; This then removes three individuals from the list (full details in Amber Tables bellow, numbers ) It then leaves us with 20 nominees (full details in Blue Tables below, numbers 23, 24 and 25 ) only 2 of which are women. CONFIDENTIAL 10
CONSULTATION BETWEEN THE MINISTER AND THE IEC CONT During the consultation, the following criteria was adopted by the Minister and IEC to be used in shortlisting the nominees with a view of recommending nine nominees for approval by the National Assembly: - 1. Demographic Profile (The composition of the panel needs to reflect a balance in various demographic criteria); 2. Constitutional Legal Framework (Demonstrated understanding of the Constitutional and National legislative imperatives relevant to electoral systems); 3. Understanding Economic and fiscal implications of the varied electoral systems; 4. Demonstrated understanding of political systems in functioning democracies in different parts of the world; 5. Persons who do not hold elected political office in any political party; 6. persons who are not members of Parliament, Provincial Legislature and Municipal Councils; CONFIDENTIAL 11
CONSULTATION BETWEEN THE MINISTER AND THE IEC CONT 7. Involvement in Community activism and upliftment; 8. Demonstrated research ability; 9. People who demonstrated a willingness to explore options and solutions rather than hold fixed views in relation to democratic systems and electoral system; and ADDED ADVANTAGE 10. Electoral experience and may include (Demonstrated / applied knowledge of electoral systems; Experience in electoral administrations; Knowledge of electoral legislative frameworks) CONFIDENTIAL 12
NOMINATIONS RECEIVED CONFIDENTIAL 13
NOMINEES RECEIVED The names of the nominees are: - 1. Dr Courage Macduff Khoza 2. Dr Malome Tebatso Khomo 3. Mr Ebrahim Fakir 4. Judge Johann Kriegler 5. Mr Lawson Naidoo 6. Mr Michael Louis 7. Ms Letlhogonolo Mpho Letshele 8. Mr Sindile Sid Faku 9. Mr Michael Atkins 10. Mr Phosa Jan Mashangoane CONFIDENTIAL 14
NOMINEES RECEIVED (cont) 11. Prof Steven Friedman 12. Mr Thabo Manyoni 13. Ms Zama Awuzie 14. Prof Saths Cooper 15. Adv. Richard Khaliphile Sizani 16. Adv. Lavan Gopaul 17. Mr Norman du Plessis 18. Paul Malcolm Graham 19. Mr Terry Ismael Tselane 20. Adv Faith Pansy Dikeledi Tlakula 21. Mr Philip Machanick 22. Mr Thembinkosi Josopu CONFIDENTIAL 15
NOMINEES RECEIVED (cont) 23. Mr Phatudi Simon Mamabolo 24. Mr Michael Andre Hedrickse 25. Ms Janet Love CONFIDENTIAL 16
CONSULTATION WITH THE IEC CONFIDENTIAL 17
CONSULTATION BETWEEN THE MINISTER AND THE IEC CONT The Minister, in consultation with the IEC, recommends the following nominees for approval by the National Assembly, in line with section 23(9)(b) of the Electoral Amendment Act, to be appointed as members of the Panel: - (a) Ibrahim Fakir (b) Judge Johann Kriegler (c) Mr Lawson Naidoo (d) Ms Lehlohonolo Mpho Letshele (e) Prof Steven Friedman (f) Mr Thabo Manyoni (g) Prof Saths Cooper (h) Adv Richard Sizane (i) Adv Lavan Gopaul (j) Adv Pansy Tlakula CONFIDENTIAL 18
CONSULTATION BETWEEN THE MINISTER AND THE IEC CONT The Minister, in consultation with the IEC, recommends the following nominees for approval by the National Assembly, in line with section 23(9)(b) of the Electoral Amendment Act, to be appointed as members of the Panel: - (k) Mr Norman Duplessis (l) Ms Zama Awuzie CONFIDENTIAL 19
RECOMMENDATIONS It is recommended that the National Assembly approves the 9 nominees to be appointed as members of the Panel. CONFIDENTIAL 20
No. Nominee Nominator CV (submitted or Acceptance Qualification Age Gender Experience not) Duly signed acceptance of nomination not submitted 1 Dr Courage Macduff Mr Nkhiphitheni Munyai CV submitted Bachelor of 34 Male Medical Doctor, Khoza Medicine and experience in Bachelor of surgery elections not (MBCHB) provided Basic Ambulance Assistant Clinical Management of HIV/AIDS Health Quality and Patient Safety Certificate Master s in Medicine, Public Health Medicine 2 Dr Malome Tebatso Shadrack Kubyane (Coronet) CV submitted Duly signed Ph.D. in Systems 72 Male Elections Khomo acceptance of Science experience not B.Sc. in Metallurgical nomination provided Engineering submitted 3 Mr Ebrahim Fakir Sabeehah Motala CV submitted Duly signed Director of 53 Male No elections acceptance of Programmes, Auwal experience nomination Socio-Economic provided submitted Research Institute CONFIDENTIAL 21
Foundation) Justice Kriegler, former Justice of the the Constitutional informing him of Constitutional Court Court. December nomination signed by of South Africa 1993, appointed as Justice Kriegler Chairperson of the IEC 5 Mr Lawson Naidoo Zaakirah Vadi (Defending South CV submitted Duly signed Currently the 60 Male Executive Secretary, Africa s Constitutional Democracy) acceptance of Executive Secretary of Council for the nomination submitted CASAC and Advancement of Chairperson of the the South African Board of Cricket South Constitution Africa (CASAC). More than 10 years experience as an Executive Secretary CONFIDENTIAL 22
6 Mr Michael Louis KG Mogoale (One South Africa Movement); CV submitted Duly signed CEO of the Louis Group 65 Male CEO of the Louis Group SA. Indicated that he Aloisius Alexander; Stefani Fick (Organisation acceptance of SA. CV states that he was was a member of the Provincial legislature Undoing Tax Abuse ( OUTA )); nomination previously a member of (WP) and a former politician Knysna Independent Movement; submitted Parliament in the Mandela Bay Community Movement; Western Cape Parliament Mopani Independent Movement; Ngwathe Residents Association; Independent Candidate Association South Africa; Africa School of Governance; and Transforming Drakenstein Community Forum 7 Ms Letlhogonolo Mr Mpho Tsedu (Institute of Foreign Affairs); CV submitted Duly signed BA (Politics), BA Honours 29 Female Academic, University of Johannesburg Mpho Letshele and acceptance of (Politics and International (Department of Politics); Dimpho Lekgeu, Community Manager Youth nomination Studies) and MA in Currently an Electoral Systems Researcher at Lab submitted Politics My Vote Counts 8 Mr Sindile Sid Faku Maxwell Dudula (zAMGRO Business CV submitted Duly signed Master degree, Bed, BA 57 Male Over 21 years experience in real estate Enterprise) acceptance of investment and management. Extensive nomination experience in the areas of governance, submitted property, risk, HR and education. Currently serving on various audit and risk committee. Fellow Director of IODSA and Compliance Institute of SA. No elections experience provided CONFIDENTIAL 23
9 Mr Michael Atkins Stefanie Fick, OUTA No CV Duly signed Qualifications not provided Not Male No elections experience submitted acceptance of provided provided. Senior Lecturer, nomination University of Witwatersrand submitted 10 Mr Phosa Jan Mashangoane Thato Dorcus Legodi CV submitted Duly signed BA, BA (Hons), MA, Certificate 66 Male Former member to the acceptance of in Management, Postgraduate Council of the Film and nomination Diploma in Management Publication Board. No submitted Studies, MBA, Certificate in elections experience Development Planning: Gender provided Policy and Planning, Diploma in ICASA Leadership. Currently studying for PHD in Digital Transformation for Social Development (Wits University) 11 Prof Steven Friedman Ravin Singh (Education & Training CV submitted Duly signed Doctors of Letters (DLitt), BA 70 Male Research Professor, Unit for Democracy & Development acceptance of (Hons) in Political Science University of Johannesburg. nomination Academic, newspaper submitted columnist, intellectual, activist, former trade unionist and journalist CONFIDENTIAL 24
12 Mr Thabo Manyoni Ms Sue Bannister (City CV submitted Duly signed BA, Diploma in Business 63 Male CEO: Free State Tourism Board, insight) acceptance of Management and Deputy Director (IEC) (1990s); City nomination submitted Certificate in Leadership Manager and former Executive Mayor (Executive Development of Mangaung Metropolitan Programme) Municipality; Deputy Provincial Chairperson of the African National Congress in the Free State Province 13 Ms Zama Awuzie Thelma K Leeuw CV submitted Duly signed acceptance Certificate in Business Not provided Female Over 12 years of extensive experience of nomination Analysis, Project in various industries, including higher submitted Management, Lean, Agile, education institutions, insurance Six Sigma, Kaizen, Quality companies, retail and banks. Management and SAFe Entrepreneurship Gemsbok Group, Government Institution client. elections experience provided CONFIDENTIAL 25
14 Prof Saths Cooper Mr John Ostrowick CV submitted Duly signed PHD in Not Male President of the Pan-African Psychology Union, acceptance of Clinical/Communit provided former President of the International Union of nomination y Psychology Psychological Science and Psychological Society of submitted South Africa. Electoral Democracy, Training and Legal Services 15 Adv. Richard KARL HEINZ CV submitted Duly signed BA (Law), LLM in 64 Male Academic, South African lawyer, civil servant and Khaliphile Sizani WALDEMAR KUHN acceptance of Public Law and former politician. Chief Director: Traditional Affairs, nomination LLM in Public Deputy Director-General, Director-General: submitted International Law Provincial Government of KZN, Managing Director: Marulelo Roofing Solutions (Pty) Ltd, Chairperson of the Public Service Commission. In the 1994 general elections, he was elected to represent the PAC in the National Assembly. Financial & legal experience (28 years) 16 Adv. Lavan Gopaul FAWZIA PEER Former CV submitted Duly signed BComm degree 52 Male No elections experience. Admitted Advocate of the Deputy Mayor of acceptance of LLB, LLM,MPA and High Court of South Africa. Founder and Director of Ethekweni Municipality, nomination Fellow of Harvard Merchant Afrika Vice Chair - Minara submitted University Chamber of Commerce CONFIDENTIAL 26
17 Mr Norman du Plessis Bandile Sizani, CV submitted Duly signed acceptance of Qualification not clear Not Male Participated in a management capacity in Education and nomination submitted from the documents provided six national and four municipal elections Training Unit for submitted and one referendum. provided technical Democracy & support at the Multi-Party Negotiating Development Forum in respect of the Electoral Act, 1993, Member of the van Zyl Slabbert Commission and member of the Ministerial Advisory Committee regarding the participation of independent candidates in national and provincial elections. 18 Paul Malcolm Roelf Meyer, In CV submitted Duly signed acceptance BA (English, Biblical 69 Male Possesses over 20 years experience in Graham Transformation of nomination not Studies); BA (Honours, politics, governance and civil society. Initiative submitted English); Higher Diploma Founder of Independent Forum for in Education and Electoral Education (1993). Certificate in Television Currently a freelance consultant Production 19 Mr Terry Ismael Dingaan Feliti CV submitted Duly signed acceptance of BA and BA (Hons) in Not Male Executive Chairperson: Institute of Election Tselane nomination submitted Industrial Sociology provided Management Services in Africa (IEMSA); Executive Board member and Senior Advisor Association of World Election Management Bodies; Former Deputy Chairperson of the IEC and former Commissioner in the IEC CONFIDENTIAL 27
20 Adv Faith Pansy Bontle Mpakanyane (The CV submitted Duly signed acceptance BProc, LLB, LLM and 66 Femal Experience in elections, previously Chair of the Dikeledi Tlakula Elexions Agency) of nomination Honorary Doctorate in e IEC from 2009 to 2014. Commissioner of the submitted Legal Studies Vaal South African Human Rights Commission; Chief University of Technology Electoral Officer (IEC) (2002-2011); member of the CONFIDENTIAL 28
No. Nominee Nominator CV (submitted or Acceptance Qualification Age Gend Experience not) er 21 Mr Philip Machanick Self-nomination No CV submitted Duly signed acceptance Computer Science Not Male He states that has a wide experience in of nomination not provided electoral systems, including the old South submitted Africa and current systems at national, provincial and local levels. Emeritus Associate Professor, Department of Computer Science, Rhodes University. No elections experience provided 22 Mr Thembinkosi Josopu Mr Thulani Tshefuta No CV submitted Duly signed acceptance BA, BA (Hons) in 41 Male No elections experience provided. Member (NEDLAC of nomination not Development Studies, of Board of Directors Department of Community submitted Higher Certificate in Public Employment and Labour Constituency Management, Certificate of Overall Convener) Attendance: Corporate Governance and Board Training, Certificate of Attendance in Corporate Governance & Risk Management CONFIDENTIAL 29
23 Mr Phatudi Simon Prince Hamnca CV submitted Duly signed acceptance BA, Master of 52 Male Experienced in elections. Mamabolo of nomination Management, Board Currently, the Chief Electoral submitted Leadership Officer within the IEC Programme and Certified Director (Institute of Directors South Africa) 24 Mr Michael Andre Courtney Sampson No CV submitted Duly signed acceptance BA (Law), LLB, LLM Not provided Male Previously elected as a member of Hedrickse of nomination (Human Rights & Parliament pre-1994 and part of submitted Constitutional CODESA and the Multi-Party Practice) and Negotiation Forum, Kempton Park, Admitted Attorney as well as previously employed at of the High Court of the Electoral Commission of SA. South Africa Abridged Curriculum Ms Janet Love Ms Sue Bannister & Dr CV submitted Duly signed acceptance of Not provided Female Experienced. Currently, Commissioner 25 Michael Sutcliffe (City nomination submitted Vitae within the IEC insight) CONFIDENTIAL 30
THANK YOU CONFIDENTIAL 31
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