Programme to process Electoral Matters A/B; Committee Report on the establishment of the Electoral Reform Consultation Panel; Committee Legacy Report

Meeting report

Opening remarks

The Chairperson expressed condolences to Mr K Pillay (ANC) who had lost his brother the previous day. He wished Mr Pillay strength during this difficult period.

Mr Eddie Mathonsi, Committee Secretary, noted an apology from Ms T Legwase (ANC). He said that Ms L van der Merwe (IFP) had indicated that she might join the meeting around 11am.

Draft programme to process the Electoral Matters Amendment Bill, 2023

Mr Mathonsi briefed the Committee on the draft legislative programme for the Electoral Matters Amendment Bill. He said that the Minister had presented the Bill in Cabinet last week, so the next step is for the Minister to introduce the Bill in Parliament. Once the Bill is ready to be introduced, the Minister will introduce the Bill in a joint meeting of the Portfolio Committee on Home Affairs and the Select Committee on Security and Justice. The joint Committees will ensure that the Bill is advertised, for written comments, on social media and on Parliament’s website in December 2023. After the festive season, From 12 January until 2 February 2024, the Bill will be advertised for written comments, through print media.

The joint Committees will host virtual public hearings on 5 and 6 February 2024. On 7 February 2024, the Department of Home Affairs (DHA), Independent Electoral Commission (IEC), Parliamentary Legal Services and the Department of Communication and Digital Technologies will respond to the public submissions.

On 9 February 2024, the Portfolio Committee on Home Affairs will consider the motion of desirability and deliberate on the Bill. The Committee will continue with deliberations on 10 and 12 February.

On 14 February 2024, the Committee will receive a briefing from the State Law Advisors on the A list of the Bill. The Committee will have clause-by-clause deliberations on 16 February. The Committee will consider the Bill on 19 February 2024.

On 21 February 2024, the Bill will be before the National Assembly for a final debate. The Bill will be referred to the Select Committee on Security and Justice in the National Council of Provinces (NCOP) for deliberations.

Discussion

The Chairperson asked if the Parliamentary Legal Advisor had any comments on the draft legislative programme.

Adv Charmaine van der Merwe, Senior Parliamentary Legal Advisor, Constitutional and Legal Services Office (CLSO), said that joint processes do not happen often with legislation, except with finance committees on the amendments to money Bills. She assured the Committee that Rule 147 of the Joint Rules provides for such conferral. This is also provided for in National Assembly Rule 169 and NCOP Rule 122. The Committee’s draft legislative programme will pass constitutional muster. However, she cautioned that if there are any material amendments then the Committee would have to consider another public involvement process in the NCOP. If there are no material amendments, then the draft legislative process can unfold.

Adv B Bongo (ANC) acknowledged the draft programme. He said that the Committee were ready to continue with the legislative process.

Mr A Roos (DA) was pleased with the timeframe to process the Bill and the assurance from the Parliamentary Legal Services. He said that it is important for the Committee to stay committed to finalising the Bill before the end of February 2024.

Ms M Molekwa (ANC) said that she had taken note of the draft legislative programme.

Ms A Khanyile (DA) said that she was comfortable with the progress that has been made. She hoped that the Committee would meet the deadline to finalise the Bill by the end of February 2024.

The Chairperson said that the Committee would work jointly with the Select Committee on Security and Justice to finalise the Bill by the proposed deadline. He asked the Committee Secretary for clarity on whether the Bill had been introduced in Parliament.

Mr Mathonsi replied that the Bill had not yet been introduced.

The Chairperson said that Mr Mathonsi should liaise with the DHA to ensure that the Bill is introduced in Parliament before recess.

Report on the establishment of the Electoral Reform Consultation Panel

Mr Adam Salmon, Committee Content Advisor, said that the Committee had received a briefing from the Minister on the establishment of the Electoral Reform Consultation Panel on 1 December 2023. He noted that the Committee had raised the following concerns during deliberations, which will be captured in the Committee’s report:

• The Committee raised concern that the Minister had missed the deadline to establish the Panel and that there was no clear communication to the Committee by the Minister.

• The list of names did not meet the demographic of South Africa, and people who had not submitted their Curriculum Vitaes (CVs) should be contacted and requested to submit their CVs.

• The list lacked representation of women and young people. The Minister’s report indicated that only four females were nominated. The process of public nomination should be reopened to attract more females, young people and persons with disabilities. The list of names that were sent to the Committee by the Minister lacks relevant skills.

• The Committee was concerned about the extra criteria that were agreed upon between the Minister and the IEC, which are not part of the legislation.

The Committee recommended the following to the Minister and the IEC:

• They should consider reopening the process to call upon members of the public, as well as any interested parties, to nominate fit and proper South African citizens for membership of the Panel. The Minister should adhere to the timeframes of the legislation. 12 months after the 2024 elections, the Panel should provide the report to the Minister on possible options for electoral reform for the elections of the National Assembly and the election of the provincial legislatures.

• They should consider IEC staff who are nominated to be members of the Panel to be released and participate in the Panel. There should be a discussion between the Minister and the Commission on this matter.

The Chairperson thanked Mr Salmon for capturing the Committee’s views in the report. He advised Mr Salmon that the report should include the proposed dates for the processing of the Electoral Matters Amendment Bill. This is so that the Committee can take responsibility and adhere to the timeframe.

Mr Roos said that he was happy with the Committee’s report, but he was concerned about the recommendation which suggests that persons working for the IEC should be released to participate in the Panel. This was not what the Committee had said. He believed that this arrangement should be in line with the IEC’s conditions of service. The staff should not be given time off to go and do other paid work on the Panel. They should not be prohibited from applying to be part of the Panel, but they should not participate in the Panel if it is against their conditions of service.

Ms Molekwa appreciated the report. She agreed with Mr Roos’s amendment on the recommendation.

Ms Khanyile, Mr M Lekota (COPE) and Ms M Modise (ANC) concurred with Mr Roos.

Adv Bongo said that he had taken note of the Committee’s report and the recommendations.

The Chairperson clarified that the Committee had requested the Minister to interact with the IEC on the position that they have taken to not allow officials of the IEC to participate in the Panel. The Committee had suggested that the Panel should include at least one official of the IEC, to complement and assist the Panel. The wording of the report will be amended.

Mr Salmon said that he had amended the recommendations as follows:

• The Minister and IEC should consider reopening the process to call upon members of the public, as well as any interested parties, to nominate fit and proper South African citizens for membership of the Panel as soon as possible and communicate timelines to the Committee by the end of 2023. The Minister should adhere to the timeframes of the legislation. 12 months after the 2024 elections, the Panel should provide the report to the Minister on possible options for electoral reform for the election of the National Assembly and the election of the provincial legislatures.

• The Minister and IEC should consider allowing at least one of the IEC members who are nominated to be members of the Panel to participate in the Panel. There should be a discussion between the Minister and the Commission on this matter.

Adv Bongo moved for the adoption of the report with amendments; Mr Lekota seconded this.

Read: ATC231206: Report of the Portfolio Committee on Home Affairs on the Establishment of the Electoral Reform Consultation Panel dated 4 December 2023

Draft Legacy report of the Portfolio Committee on Home Affairs on activities during the 6th Parliament

Mr Salmon said that he had received input from one Member - Mr Roos, since the last time that the Committee had dealt with the legacy report. He noted that Mr Roos’s contributions had been captured under the key areas for future work. Mr Roos made the following contributions:

• The Committee will need to monitor the implementation of the outstanding recommendations of its prior Budget Review and Recommendations Reports (BRRR), not all of which are in this legacy overview report.

• Monitor the implementation and finalisation of the Automatic Biometric Identification System (ABIS) as well as outstanding disciplinary issues in this regard.

•Monitor the outcomes and progress on outstanding court rulings against the DHA that require legislative amendments. This includes rulings on the Immigration Act, Marriages Act and Electoral Act.

• Monitor the refugee appeal backlog, which was due to be addressed by the end of the 6th Parliament but has experienced funding and logistical delays.

• The next Parliament would need to follow up on the implementation of the Vulindlela task team recommendations on removing obstacles to policy implementation and ensure the recommendations are implemented. The Vulindlela task team made recommendations about improving the processing of applications, including a reduction in the number of documents that applicants have to submit.

Mr Salmon read through the Committee’s draft legacy report. It highlighted some of the following issues to be followed up in the 7th Parliament:

DHA

• The monitoring of the ongoing modernisation and integration of DHA’s identification and migration systems. Digitisation of old paper records is complicated but essential for security and governance of the country.

• Ongoing engagement with DHA and the State Information Technology Agency (SITA) on network downtimes.

• A comprehensive Citizenship, Immigration and Refugees White Paper is due in 2023/24 and a Bill in 2025/26. It is critical that this policy strikes the right balance between security, economic development and compliance with international human rights commitments, as well as regional integration initiatives of the Southern African Development Community and the African Union.

• Continue to expand the rollout of services through mobile offices and bank branches to address issues such as late registration of birth that are not responded to.

IEC

• New appointment of electoral commissioners will need to be done well ahead of their 2027 and 2028 term expiration.

• Monitor the establishment and progress of the Electoral Reform Consultation Panel. The consequential amendments from the Electoral Amendment Bill will require electoral system reform well before the 2029 national elections.

Government Printing Works (GPW)

• The State Security Printers Bill has been promised and delayed by the GPW since the 5th Parliament.

• The ongoing audit challenges and Ministerial Review Panel on the GPW loss of key financial data in 2021 and 2022 will have an ongoing impact on its annual reports for the medium term.

Border Management Authority (BMA)

• The full capacitation and role of the BMA to all naval ports will need to be monitored by 2029.

• Monitor the effectiveness of the BMA in terms of cost and capacity as compared to the former functioning of departments serving these functions.

Parliament

• Consider making provision for more than one committee meeting in a week.

• Consider the need for the Committee to have international awareness of electoral systems and modalities as well as migration management when considering applicants for study tours, and for Committee Members to form part of parliamentary or interparliamentary election observer missions.

The Chairperson said that the Committee’s legacy report was an important document, as it will be handed over to the Committee in the 7th Parliament to follow up on issues that have not been addressed in the 6th Parliament. The drafting of the report must be done carefully. He suggested that the legacy report should also include key issues that the 5th Parliament’s legacy report had recommended, but the Committee could not deal with. In particular, there was a matter where the Minister and Director-General were imposed with penalties by the Constitutional Court, as a result of the DHA and Parliament’s failure to amend the invalid and unconstitutional sections of the Immigration Act.

He further suggested that the Committee’s legacy report should speak to the State Capture Commission’s recommendations in relation to the electoral process and note that the Committee had adopted a process to appoint the Panel that must look into possible options for electoral reform. The Electoral Matters Amendment Bill must be concluded before the 7th Parliament. It is also important for the 7th Parliament to give effect to some of the key recommendations of the BRRRs, as well as the critical pronouncements of the State of the Nation Addresses (SONAs) from 2019 to date.

Adv Bongo said that he agreed with the draft legacy report. He also agreed with the issues that the Chairperson had highlighted, which should be incorporated into the report.

Mr Roos agreed that the report and the Chairperson’s input was a good reflection of the work that the Committee had done over the last few years. He believed that it was important for the 7th Parliament to follow up on the outstanding court rulings against the DHA that require legislative amendments.

Ms Molekwa thanked Mr Salmon for presenting the Committee’s legacy report. She concurred with Adv Bongo.

Ms Khanyile noted the legacy report and the Chairperson’s input.

Mr Lekota believed that the Chairperson had raised a lot of issues that the Members wanted to raise.

Ms Modise said that she fully agreed with the Chairperson’s remarks. She suggested that the legacy report should place emphasis on the BMA that had not been adequately funded since its inception. The National Treasury must look into the issue of budgeting to give sufficient funding to the BMA so that it can implement its functions to the full extent.

Mr Salmon informed the Committee that he had incorporated the Chairperson and Ms Modise’s inputs.

The Chairperson said that the Committee have noted all the amendments to the draft legacy report. It appeared that the Members were comfortable with the draft report.  He invited Members to move for the adoption of the draft legacy report.

Mr Roos moved for the adoption of the report with amendments; Ms Khanyile seconded this.

Closing remarks

Mr Mathonsi said that this might be the Committee’s last meeting for the year, unless the Electoral Matters Amendment Bill is ready to be introduced then the Committee would have to apply for a meeting so that it can be briefed by the Minister.

Although the Committee has adopted its draft legacy report, it will adopt the final version in the next term before the closing of the 6th Parliament.

The Chairperson said that the Members should wish each other well over the festive season, considering that this might be the last meeting for the year. The Committee worked collectively despite the challenges it experienced in the course of its work and conducted its oversight role within the rules of Parliament. The Committee is aware that it might face a challenging period in the legislation to include the participation of independent candidates. He invited Members and officials to express closing remarks.

Ms Modise appreciated the professionalism and commitment that the Members have displayed throughout the course. She said that the Members had intense discussions and debates. She thanked the Chairperson for steering this ship and for showing leadership when the Committee implemented its work. She hoped that the Committee would still conclude some of the outstanding matters so that the 7th Parliament could resume with a new scope of work.

Ms Khanyile said that she appreciated how the Chairperson had chaired this Committee because he had never been biased and had always given Members an equal opportunity. The Members were able to express themselves freely and represent the views of the public. She appreciated all her colleagues for their cooperation. She also hoped that the Committee would conclude most of the outstanding matters before the 7th Parliament resumes. She wished everyone a happy and blessed festive season.

Mr Lekota said that the Chairperson had shown the capacity to stay the course and run the course. He was particularly impressed and inspired by the performance of the Minister. Many years ago, he had spent time on Robben Island with the Ministers’ late uncle who inspired him. He thanked all the Members and wished them well over the festive season.

Mr Roos believed that the Chairperson’s leadership had created a committee that has the mandate of Parliament at its heart, and it represents the people through the different political parties. The Members had the ability to raise their differing views and come to agreements or disagreements or agree to disagree. He said that many Members had experienced bereavements in the last few years. He wished the Members a blessed holiday season and hoped that they would enter 2024 renewed.

Ms Molekwa appreciated the Chairperson for his leadership, guidance and patience throughout the year. She said that the Committee had done its work, irrespective of the challenges. She appreciated the Minister and Deputy Minister for regularly attending Committee meetings. She was also thankful for the Committee’s support staff. She hoped that everyone would enjoy and rest well over the festive season.

Adv Bongo wished everyone, including the people of South Africa, a good and prosperous festive season and new year. He believed that the Committee has been a model of how multiparty democracy works. Members expressed their views without fear or favour. He thanked the Committee’s support staff, especially Mr Mathonsi and Mr Salmon who had done a sterling job. He thanked the Minister and Deputy Minister for the commitment and respect that they have shown towards committee meetings. He thanked the Chairperson for the leadership he had shown when the Committee dealt with legislation.

Adv van der Merwe thanked the Committee for giving the CLSO the opportunity to advise it. She said that it was an honour, and the Parliamentary Legal Advisers were proud to deliver this service. She wished all Members a blessed season and luck for the new year.

Mr Salmon said that it has been an interesting and busy year. He looked forward to the remaining months to wrap up all the issues. He wished everyone well over the festive season and hoped that everyone would enjoy the time with their families.

Mr Mathonsi thanked the Committee for the guidance during the course of the year. He wished the Members a good festive season so that they could come back energised in the new year to complete the Electoral Matters Amendment Bill on time.

Mr Indaba, Committee Researcher, said that he joined the team two months ago. He had learned a lot and noted the incredible work that the Committee is doing. He hoped that all Members and staff would have a wonderful festive season with their loved ones.

The Chairperson thanked the Committee’s Media Officer, Mr Malatswa Molepo, and Dr Ganyaza-Twalo for leading the Committee’s administrative staff. 

He said that the Committee will wait for Mr Mathonsi to indicate when the Electoral Matters Amendment Bill is ready to be introduced to Parliament so that the Committee can receive the briefing.

He noted that Mr Pillay had informed him that most Members had called him and expressed condolences; he was thankful for the Committee’s support.

The Chairperson reminded the Members about the pending judgement on electoral matters, which might be handed down today. He said that Members should take note of this.

The meeting was adjourned.