Hon Deputy Speaker, hon members and colleagues, the right of all eligible citizens to vote was a major tenet of our struggle for freedom. It stands as one of the cornerstones of this country's democracy, now firmly entrenched in our Constitution. This young democracy is proud to have held four successful national elections and, as we know, we are currently preparing to have local government elections in 2011.
As a caring government, we believe strongly in the right of all citizens, including those who may be physically challenged, to use their vote to choose the leaders they want to choose. Therefore, when the Independent Electoral Commission, the IEC, identified certain aspects of the Local Government: Municipal Electoral Act of 2000 which needed to be amended to cater for the needs of all citizens, we felt that this needed to be addressed before the 2011 local government elections. The proposed amendments contained in the Bill resulted from consultations convened by the IEC with various stakeholders, more particularly, the political parties.
Let me briefly outline some of the proposals in the Bill, which aim to amend the Local Government: Municipal Electoral Act of 2000. Firstly, the IEC saw the need for an election timetable.
Secondly, the Bill provides for the submission of an undertaking binding the party, its representatives, members and supporters to a code, as well as to a declaration that none of the candidates is disqualified from standing for elections. It also makes sure that the candidates submit a certified ID. If the party omits certain documents, the commission must notify the party in writing by no later than the relevant date and time stated on the election timetable. If there are still no documents forthcoming, the commission has the right to remove the name of the candidate from the party list. It also has the right to remove the name of a candidate who is not registered as a voter on the municipal segment of the voters' roll. Again, the commission must inform the party of such removal.
Thirdly, it has a new provision regulating central payment of the prescribed deposit by parties contesting the election. It says that a party contesting elections in more than one municipality must deposit the relevant amount at the commission's head office through a bank-guaranteed cheque, detailing each municipality that the deposit applies to.
Fourthly, it gives powers to presiding officers to redemarcate the boundary of a voting station, because sometimes the voting station is too small and the queues are too long. So, it empowers the presiding officer to do that to ensure proper control and security at the voting stations. Obviously, this would be done after consulting with the party agents and the security people that are there.
Fifthly, it provides that if voting takes place in more than one room, there should be two party agents in each room. In the case of a ward election, if it is an independent candidate, there must be one party agent in each room.
Sixthly, it empowers presiding officers to assist physically challenged voters, including those who are blind or who are unable to hear. For the first time, it also allows special votes for those who, on voting day, are unable to cast their votes at the voting station or in the district in which they are registered.
Lastly, it empowers the commission to apply to the Electoral Court for an extension of the period to determine and declare results of the election if it is unable to do so within the specified seven-day period. These amendments, we hope, will facilitate efficient preparations for the local government elections in 2011. It is my hope that, as these amendments will go a long way towards ensuring a smooth local government election in 2011, the House will actually support them.
In conclusion, I would like to thank the chairperson of the portfolio committee, hon Ben Martins, for steering the work of the committee in such an excellent way. I would also like to thank all the members of the portfolio committee for their guidance and support during the deliberations on these proposed amendments. I thank you. [Applause.]
Madam Deputy Speaker, hon Ministers, Deputy Ministers, comrades, hon members, today's debate is about deepening democracy and the pivotal role that the ANC has played in bringing into reality the ability of all South Africans to elect a representative local government of their choice.
This amending Bill is the result of a political process that we, as the ANC, have brought about. It is one in which all political parties, informed by their experiences of local government elections, have come together in order to effect changes to ensure a better functioning local government election process in 2011.
Throughout its 98 years of existence, the ANC has fought for the voice of the people to be translated into a national democratic society whose values and principles are to be found in the guiding policy document, the Freedom Charter, of 1955; one of whose principal clauses states: "The people shall govern".
With this amending Bill we seek, therefore, to deepen democracy in that the clauses we seek to amend will benefit the masses of our people by enabling them to access and enjoy their right to vote in their choice of local government, and in a manner that is easier and more efficient.
This year we celebrate the first decade of being able to democratically elect a local government that represents the people's choice, enhancing the principal value of "The people shall govern". As we move towards the third democratic local government elections in 2011 we have, today, the opportunity to ensure that we stand strengthened by the system and functions that will govern these elections.
South Africa's system of local government is one of the youngest and most democratic in the world. The first democratic local government elections held in December 2000 enabled South Africans to vote for public representatives and parties within a transformed local government.
With this amending Bill we have the opportunity to qualitatively improve the participation of registered voters in the process of influencing decision-making by electing candidates who will represent the aspirations of the masses of our people in the allocation of resources and the identification of local government needs and priorities. We have, through this amending Bill, the opportunity to enhance the participation of our people at the centre of development, not merely as beneficiaries, but as drivers of transformation.
This amending Bill provides for the opportunity to strengthen the system of electing public representatives, drawing on the lessons derived from our collective experience of the need for a more effective and accountable manner in which we elect our public representatives to local government.
There are those who will suggest that this Bill is a mere technicality; it is not. This amending Bill is a product of the national Political Party Liaison Committee process in which robust discussions have taken place. The mere fact that this Bill deals with critically important matters such as party agents and their representation at voting stations, which is the lifeblood of political-party intervention at this level of the election process, informs us that we are dealing with issues of power and regulation of power with regard to electing party and public representatives.
The first 10 years of democratic local government have registered remarkable achievements at the front line of change in improving the lives of our people. We have, indeed, achieved a great deal, and although much more needs to be done, many communities around the country have seen positive change in the past 10 years.
One of the component parts in the theory of the national democratic revolution is the creation of a democratic state; the establishment of democratic institutions that derive their authority from the people; regular elections; and continuing popular participation in the process of governance, giving expression to the statements in the Freedom Charter that "All people shall be entitled to take part in the administration of the country," and that "Every man and woman shall have the right to vote for and stand as a candidate for all bodies which make laws".
For this amending Bill to be operationalised it requires two important institutions of democracy to support its spirit and intention. These are the Independent Electoral Commission, the IEC, whose duties are, among other things, to manage elections of national, provincial and municipal legislative bodies in accordance with national legislation and to ensure that those elections are free and fair. The second one is the SA Local Government Association, Salga, since local government elections are dependent upon the infrastructure that exists.
The reality is that, from time to time, we shall have to bring to this House amendments to the principal Act. Assessments and evaluations of each election inform us of strengths and weaknesses and the need for amendments.
Another institution that plays a pivotal role in the local government democracy and electoral process is the Municipal Demarcation Board. It has recently completed its work and finalised the demarcation of ward boundaries for the 2011 local government elections. Municipal wards are crucial units of our democracy, because they serve as the core of ward- based development, apart from being regarded as units that hold the electorate accountable to the people.
The Bill has been considered thoroughly by the portfolio committee, which has received inputs from the IEC and the Department of Home Affairs. It, however, transpired that Salga was not provided with the opportunity to make inputs prior to the introduction of the Bill to Parliament, as required in terms of section 154(2) of the Constitution. This has been addressed among the IEC, the department and Salga.
One issue that was raised by the Minister is the issue of the redemarcation of the boundary for the voting station where the queues are long, a technical aspect which will be elaborated on by the hon Thibedi. Thank you. [Applause.]
Acting Speaker, today I will be addressing the broader environment of which this Bill forms part - that of electoral reform. I will briefly address the issues that should, in fact, have formed part of this Bill and which did not.
In 2002 an electoral task team was established to draft legislation for the next national and provincial elections. The provisions of the final Constitution did not extend beyond the elections held in 1999, and there was no electoral system prescribed for the 2004 and subsequent elections. Therefore, there was and still is something of a legislative vacuum in this regard and much scope for the reform of the electoral system in South Africa.
The report of the electoral task team which was chaired by the late Dr Frederik van Zyl Slabbert was released in January 2003. To date, the majority of the recommendations contained in that report have not been implemented. The report referred primarily to national and provincial elections. However, all of the values and much of the content are equally applicable to local government elections. The DA electoral system policy mirrors the majority conclusions of Dr van Zyl Slabbert and his team. However, the majority party has not subscribed to the recommendations. We certainly hope that they will consider doing so.
Four core values that guided the work of the task team were fairness, inclusiveness, simplicity, and accountability. My focus this afternoon will be on fairness and accountability.
Fairness means that every eligible voter must be able to vote and that every vote carries equal value. The body that is elected must fairly reflect the wishes of the voters. This is the case in South Africa with one very important exception - the President, the premiers and the mayors are not chosen by the electorate, but are deployed by the ruling party, and often also removed when their level of favour within the party declines.
The DA believes that voters must directly elect the public representatives who will head a specific sphere of government - the person who will be ultimately responsible for providing political leadership. We call, thus, for future municipal electoral legislation to include the direct election, by the people, of the mayor of their town or municipality.
The Independent Electoral Commission's own 2009 survey showed that 27% of voters found voting stations difficult to access, particularly for the disabled and the elderly. Almost five million voters struggled to access their voting venues. If fairness means that every eligible voter must be able to vote, then accessibility to voting stations must receive urgent attention.
Accountability demands full understanding of the power of the vote. In April of this year, Dr Mamphela Ramphele began her campaign for extended voter education. She said, and I quote:
The quality of political education has not served voters well. Most South Africans are new to democracy and the exercise of their vote. Much more effort is needed in educating them about democracy, but the IEC has unfortunately not focused enough attention on the principle of choice in voter education.
Our schools have also not utilised the life orientation programme in the curriculum to educate about democracy. New voters are not provided with enough opportunities to understand the role of citizens as sovereigns to hold public officials accountable. Affirming the power of the individual vote to signal pleasure or displeasure with the performance of public officials needs to be at the core of our political education programmes.
Dr Brigalia Bam told the Portfolio Committee on Home Affairs recently that the commission does not intend to extend its education programme to include the use of a vote to vote out a government that is not delivering. This is disappointing. It will be up to civil society and to the parties that truly believe in democracy to spread this message.
What certainly can and should be legislated is the electoral task team's majority recommendation of a mix of a constituency-based and proportional system for all levels of government and not only at the local government level.
Dr van Zyl Slabbert's team found that approximately 40% of voters felt that the current system - the PR: proportional representation system - does not help voters hold individual representatives accountable. The electoral system should put a face to a party, somebody who has responsibility for a designated area, who is identifiable and accessible between elections, and who is directly accountable to the voters. Lack of accountability was seen as a weak point in a system with which voters were otherwise generally satisfied.
The task team's majority finding that a constituency-based electoral system should be implemented at all levels of government is fully endorsed by the DA. However, it was rejected by the ANC. The ANC owes the public serious consideration of the value of accountability in the crafting of future electoral legislation. The value of accountability is only achieved at local government level. Electoral reform must address this. I thank you. [Time expired.] [Applause.]
House Chairperson, experience is the best teacher. The principal Act of 2007 obviously had certain shortcomings which became evident over time. This Bill addresses those shortcomings and the Minister has enunciated some of them.
A good example is the drawing up of a pro forma timetable for the local government elections and giving attention to the fact that all candidates on the list are indeed eligible to stand for elections. The amended law will authorise the removal, from the party list, the names of candidates who did not submit the required documentation within the prescribed period of time.
The Bill also makes provision for the central payments of deposits by a party, using a bank-guaranteed cheque when it is contesting an election in more than one municipality on the same day. All of the matters I have mentioned so far have been of a technical nature. Clearly, they are an advancement on what we have had before.
The amendment of section 21 of Act 27 of 2000 will now empower presiding officers to alter boundaries of voting stations, if necessary, and after consultation with party agents and the members of the security services who are on duty.
The next two amendments are outwardly very good. However, they both have the potential for being corrupted. There is nothing wrong with a presiding officer or a voting officer assisting a voter when requested by a voter in terms of section 1, or when a voter is unable to read. However, this must be done to the satisfaction of all the agents to ensure fairness and impartiality.
The provision which is made for special votes to allow a voter, who is unable to cast his or her vote at the voting station on voting day, to apply to cast a special vote within that voting district is also acceptable. This provision has to be monitored because it could have the potential for corruption. This request is often made to avoid standing in queues.
Cope has no fundamental problem in enhancing the powers and functions of the Electoral Commission to apply to the Electoral Court for extension in declaring the results of an election where it cannot do so within the seven- day period required by section 5 of the Electoral Commission Act of 1996. The reasons the commission advances must be solid and have the support of political parties.
On the second day after voting, through a written notice, objections can be lodged by a person who has an interest in the elections. Such a person must provide detailed reasons for the objection and point to the aspect of the election which was deficient.
The reasons for the amendments are acceptable to us in Cope. We only trust that no unintended consequences will arise to undermine the good reasons. The commission should undertake adequate training so that everyone understands the full implications of the amendments that are in front of us - including community education and the members - of the voting. Therefore, Cope will support the Bill as amended by the portfolio committee, hoping that the Constitution will play an important role in whatever we do. I thank you. [Applause.]
Chairperson, the Independent Electoral Commission of the Republic of South Africa is required to be an independent body and subject only to the Constitution and the law. It has to be impartial and should exercise its powers to perform and function without fear, favour and prejudice.
One of its core functions is to manage elections. The amendment of the Local Government: Municipal Electoral Act seeks, among other things, to amend provisions relating to the nomination of candidates; to empower presiding officers to alter boundaries of voting stations; to clarify the rights and responsibilities relating to assistance to certain voters; and to provide for special votes and the procedure related thereto.
The IFP would like to make mention of the amendment to section 21 of the Act. This amendment makes provision for the empowerment of the presiding officers, after consultation with the party agents and members of the security services who are present, to redetermine and redemarcate the boundary of a voting station at any time, if it is necessary to do so, in order to ensure proper control and security at voting stations.
Whilst the IFP welcomes this amendment, we would like to stress that we believe the consultation process in this regard, between the presiding officers and the party agents, will be of the utmost importance. We must ensure that presiding officers do not act unilaterally in making decisions on the demarcation of the voting stations. We must ensure that all party agents are involved in the process. If not, this process will, without doubt, lead to unnecessary tension and could jeopardise the voting process and credibility of the results.
Furthermore, we welcome the fact that the amending Bill now states, in black and white, exactly how many party agents are allowed at each voting station. The amended section 39 of this Act now states that no more than two party agents are allowed per voting station or, if voting takes place in more that one room or a separately enclosed area, two agents in respect of each room are allowed, and one party agent for the independent candidate.
The IFP believes that this is a step in the right direction and that it will go a long way in ensuring that there is equal and fair representation of party agents at voting stations. There have been too many instances in the past where we have seen one party's agents flooding voting stations, which gives that party an unfair advantage. This amendment seeks to put a stop to this practice and we therefore welcome the amendment.
The 2011 local government elections are just around the corner and they will, as always, be hotly contested elections. We believe that these amendments will go a long way to ensure that the playing fields are level at all local government voting stations. It will strengthen monitoring and oversight at the local polls.
The IFP hopes that amendments to this Bill will strengthen the Independent Electoral Commission of the Republic of South Africa's ability to perform its function without fear, favour and prejudice. The IFP therefore supports the amendments to this Bill. Thank you. [Applause.]
Chairperson, the Bill before us deals with the very sensitive matter of electoral law. We must always remain vigilant when it comes to amendments to electoral law as it deals with an intrinsic democratic right. For most South Africans, the right to vote is the most tangible expression of the freedom we attained in 1994. Unfortunately, whenever amendments are made, there is the real danger that the authors of such legislation purposefully or unwittingly introduce measures that will compromise the electoral process.
With that in mind, the UDM would like to raise the following issues as potential areas of concern.
Clause 4 of the Bill introduces section 17(a) with the aim of allowing for the central payment of deposits by a party that is participating in the election in more than one municipality. On the surface such an arrangement would simplify administration for political parties who choose to deal with the matter in that way. However, what it does do is to transfer an additional administrative burden onto the electoral authorities. It is likely to result in some very complicated book-keeping and potential disputes regarding whether payments were made and correctly made.
The concern with clause 6, which provides for two or more agents per voting station if the commission allows voting to take place in more than one room at that voting station, is that it legitimises an unhealthy situation. There is no guarantee that there will be sufficient voting agents where voting is allowed in more than one room. Allowing voting in such a manner is a risk to the integrity of the voting process.
Our biggest concern lies with the amendment in clause 8 that relates to special votes. Whilst we do not disagree with the need to provide mechanisms for citizens to exercise their right to vote in circumstances that prevent them from voting on election day, we have, however, on numerous occasions received reports from our party agents that cast strong suspicions on the manner in which special votes are exercised in practice. For political parties and their agents, these special votes are very difficult to monitor in any reliable way. Such uncertainty casts a shadow over the integrity of the results.
Notwithstanding these concerns, the UDM supports the Bill and calls upon the Independent Electoral Commission to implement these changes with impartiality and fairness. Thank you. [Applause.]
Order! Before I call the next speaker, I want to appeal to hon members to regulate their conversations. The volume is too high now. I want to say this: I think we are dealing with one of the most important aspects of democracy - elections. The aspects that we are debating now are crucial to the voters that don't really know what to do with them. If we don't know how to advise them because we haven't heard ourselves, then we are going to create conflict out there.
Agb Voorsitter, die VF Plus ondersteun die wysigingswetsontwerp.
Ek dink die kern van hierdie wysigingswetsontwerp is gele in klousule 8 vanwe die feit dat daar nou ook op plaaslike regeringsvlak spesiale stemme toegelaat word. Ons verwelkom dit, want ons moet onthou dat, in die vorige verkiesing, dit veral nadelig was vir lede van die polisie, byvoorbeeld, wanneer hulle diens moes gaan doen het by ander stemburo's as waar hulle geregistreer is. In sulke gevalle het ons hulle eintlik effektief hul grondwetlike, demokratiese reg onts. Nou kan die lede van die SA Polisiediens en die ander veiligheidsdienste wat diens doen op daardie dag ten einde te verseker dat ons 'n demokratiese verkiesing het, ook hul stem uitbring, waar hulle dit voorheen onts was.
Ek het destyds vrae gevra en ons het ook by die Onafhanklike Verkiesingskommissie, OVK, gevra dat dit verander word, so ons verwelkom dit.
Ek wil tog 'n beroep doen op die OVK om meer aandag te skenk aan die versekering dat hul voorsittende beamptes by die stemburo's beter opgelei word in aspekte van die wet. Hulle moet dit op die punte van hulle vingers ken, want dit is waar baie probleme ontstaan. 'n Mens sien dat daar mense in beheer van die stemburo's is, maar hulle ken nie die wet nie.
Die DA het verwys na die verslag van die Van Zyl Slabbert-kommissie. Ek wil vandag vir u s dat die standpunt van die VF Plus daaroor is dat daar baie meer navorsing gedoen moet word as ons die kiesstelsel van Suid-Afrika wil verander. Ek dink dit is 'n mite om te dink dat die blote verandering van die kiesstelsel verkose verteenwoordigers meer verantwoordbaar en meer aanspreeklik teenoor die kiesers sal maak. 'n Tipiese voorbeeld is die wyksraadslede. Waar kan jy 'n beter bedeling kry waar die raadslid meer in kontak met sy kiesers is as 'n wyksraadslid? Maar hulle doen nie hulle werk nie. Daar is ander meganismes om te verseker dat 'n raadslid meer aanspreeklik is teenoor sy kiesers.
As ons teruggaan na 'n kiesafdeling-kiesstelsel - en dit is totaal onaanvaarbaar, Voorsitter - dan s ek vir u die ANC kry onmiddellik 'n 78% tot 80% meerderheid in hierdie Parlement. Dit is totaal onaanvaarbaar en ek kan maar vir u s dat, om 'n kiesstelsel te verander, 'n wye veld van studie is; daar is baie elemente. Ek kan vir u 10 punte noem van die kriteria wat behoort te geld vir 'n goeie kiesstelsel.
Ons is nog 'n jong demokrasie en ons moet nie die fout maak deur te dink dat ons dit kan verander en daardeur sekere minderheidsgroepe uitsluit, en dan dink dat ons die demokrasie bevorder nie.
So, in hierdie stadium is die standpunt van die VF Plus dat die huidige proporsionele kiesstelsel sal geld. Ek weet die voorstelle van dr Van Zyl Slabbert en sy komitee - of die meerderheidsverslag wat toe nie aanvaar is nie - is 'n gemengde stelsel, maar dit is nie by uitstek 'n oplossing nie. Ons moet mooi daaroor dink en meer navorsing doen. Ek dank u. [Applous.] (Translation of Afrikaans speech follows.)
[Mr P J GROENEWALD: Hon Chairperson, the FF Plus supports the amending Bill.
I believe the essence of this amending Bill lies in clause 8, owing to the fact that special votes will now also be allowed at local government level. We welcome this because we have to keep in mind that with the previous elections it was especially members of the police who were disadvantaged, for instance, when they had to perform duty at polling stations other than at the one where they are registered. In cases like this we have effectively deprived them of their constitutional, democratic right. Now members of the SA Police Service and the other security services, who are on duty on that day to ensure that our elections are democratic, are also able to cast their votes, whereas before they were denied this.
At that time I did ask questions and we also approached the Independent Electoral Commission, IEC, for this to be changed, so we welcome this.
I do, however, want to appeal to the IEC to devote more attention to ensuring that their presiding officers at the polling stations are better trained with regard to aspects of the law. They should have the law at their fingertips, because this is where most of the problems stem from. There are people who are in charge of the polling stations, but they are not familiar with the law.
The DA mentioned the report by the Van Zyl Slabbert Commission. Today I would like say to you that it is the opinion of the FF Plus that in this regard more extensive research will have to be done if we want to change the electoral system of South Africa. I think it is a myth to think that by merely changing the electoral system, the elected representatives would become more answerable and more accountable to the voters.
A typical example is the ward councillors. Where would you find a better dispensation where the councillor has more contact with his electorate than a ward councillor? But they don't do their work. There are other mechanisms that could ensure that a councillor is more accountable to his electorate.
If we go back to a constituency electoral system - and this is totally unacceptable, Chairperson - then I can assure you the ANC would immediately have a 78% to 80% majority in this Parliament. This is totally unacceptable and I may as well tell you that to change an electoral system entails a vast field of study; there are many elements to it. I can mention 10 points regarding the criteria that should apply for an effective electoral system to exist.
We are still a young democracy and we shouldn't make the mistake of thinking that we can change it, and thereby exclude certain minority groups, and then think that we are promoting democracy.
Therefore, at this stage it is the point of view of the FF Plus that the current proportional electoral system should remain in force. I know the recommendations by Dr Van Zyl Slabbert and his committee - or the majority report which was not accepted as it turned out - called for a mixed system, but it is not a solution par excellence. We have to think about it carefully and do more research. Thank you. [Applause.]]
Chairperson, Minister and hon members, the DA has some reservations with regard to the Bill. However, I need to point out that this Bill is a very good one. It has some very good intentions in terms of bringing about certainty in the voting process.
We welcome the proposed gazetting of the electoral timetable. One of the basic principles of legality is certainty, and the electoral timetable gazetted and available to all role-players will achieve just that. Certainty in the notoriously uncertain environment of politics is rare.
Akuthenjwana xa kusiyiwa kulonyulo. [People do not trust each other prior to elections.]
We welcome the amendment of section 55 of the local government election legislation which makes provision for special votes. For the first time in the South African democratic dispensation, we have a special voting day on which people other than those like me can vote.
Akuthenjwana xa kusiyiwa kulonyulo. ... [People do not trust each other prior to elections.] ... security personnel as well as the IEC officials ... abantu abadala ... [... the elderly ...]
We will be very much part of ensuring that the special votes are carried out in a manner that is transparent, open and accommodates everybody.
Municipal government is the sphere of government that is very close to the people. These are the individuals who are elected directly to represent the people in the area in which they reside.
Kwaye yenye yezinto esiyibulelayo leyo yokuba sibenooceba abathi bonyulwe ngendlela eyakuthi isincedise ekukhawuleziseni ukuhambisa iinkonzo kwiindawo esihlala kuzo. Kuyeke ukuqhuma ngenxa yokutshiswa kwamatayari koomaLimpompo, Gauteng, njl njl. [Uwele-wele.] Siza kuqinisekisa into yokuba ... (Translation of isiXhosa paragraph follows.)
[It is one of the things that we are thankful for, to have councillors who are elected in such a way that service delivery in our communities will be accelerated. This will put an end to violent protests in areas like Limpopo, Gauteng, etc, which result in great pollution due to setting tyres on fire. [Interjections.] We will ensure that ...]
This is the first process of the first-past-the-post electoral system which I think we need to support it in the SADC region.
It is essential that as many people as possible participate in the election of their representatives as it is only at municipal level where people elect their people and know the people they are electing, unlike ...
... kungafani nabanye bethu abalapha abangaziwa nokuba bakhona kwiinqila zabo. [... some of us here who are not even known to their constituents.]
The number of voters has been declining over time and I think we need to encourage more and more people to register and cast their votes whenever the opportunity arises, so that power is returned to the people where it belongs, not to politicians.
The IEC has indicated that they will be conducting voter registration next year in February and March. I think that process is very important. We as the DA are going to participate on the ground and encourage as many people as possible to register ... ezilalini, ezilokishini, njl njl. Okokugqibela ke Sihlalo, kukucacisa nje ... [... in the villages, townships, etc. Lastly, Chair, just to clarify ...]
... one of the concerns we had in the process is that the presiding officers must not be given too much power. That is unnecessary. On election day there must be proper consultation with the party agents.
Sizakubacela ke abantu bethu ukuba bagade khon'ukuze singaqhatheki. Okukugqibela ... [We appeal to our members to keep a very close eye so that we are not cheated. Lastly ...]
... the national party liaison committee was never properly consulted on the matter and, for the next Bill similar to this one, we need the consultation to be done through a much better process. And, on that note, we declare our support for this Bill and wish the Minister good luck. Thank you. [Applause.]
Order! Before I call the next speaker, I want to say that I was informed that this is the speaker's maiden speech. I think we need to demonstrate that we are good listeners and good sympathisers. [Applause.]
Chairperson, Minister Dlamini-Zuma, hon members, comrades and friends, through gallant struggles guided by the application of strategy and tactics over time in different stages of our political struggle, we finally, in essence, ushered in a multiparty constitutional democracy in 1994. This opened the door for our people to take their future into their own hands.
We have chosen a combination of proportional and ward-based elections at local government level. The Constitution dictates that the object of local government is to provide democratic and accountable government for local communities and to ensure the provision of services to those communities in a sustainable manner, among other things.
Government by the people is the essence of constitutional democracy, which in principle is underpinned by the maxim: "The voice of the majority shall prevail, and the voice of the minority shall be heard." In this regard, while the majority enjoys the prominence, the minority views are not disregarded.
Our Constitution assures the protection of the rights of individuals, groups and communities by entrenching these rights in the Bill of Rights. Indeed, the rights entrenched in the Bill of Rights should be accessed.
In this regard, section 7(2) of the Constitution provides that: "The state must respect, protect, promote and fulfil the rights in the Bill of Rights." It is therefore incumbent upon Parliament, as the legislative arm of the state, to pass legislation that is in keeping with the spirit and purpose of the Constitution. Therefore, legislation that is passed should not only withstand constitutional muster, but should also give expression to the rights entrenched in the Bill of Rights.
We must therefore take the forthcoming local government elections as presenting us with an important challenge to ensure that this sphere of government performs optimally with regard to all our socioeconomic programmes directed at the further improvement of the quality of life of all our people.
We have to work to improve the effectiveness and efficiency of our system of local government. Accordingly, we have to prepare the incoming councillors to understand their tasks and to enable them to properly discharge their legislative and executive responsibilities. This Bill is in line with the ideal to ensure that each of the districts and metropolitan municipalities have the necessary managerial, professional and technical staff to enable them to implement the required developmental programmes.
This has to ensure that our system of co-operative governance also functions optimally and thus creates the conditions for the provincial and national governments to work closely with our municipalities to improve their capacity to implement their programmes.
In the same vein, the 2004 ANC election manifesto made a commitment to promoting better co-operation among national, provincial and local government in an integrated manner. This amending Bill is within these broad principles.
Clause 3 of this Bill provides for central payment for parties contesting elections in more than one municipality on the same day. This clause amends the principal Act which does not allow for payment of deposits for candidates contesting an election to be paid centrally. This has been an administrative problem which created unnecessary restrictions for parties, whereas we do not want restrictions that can technically disqualify parties.
Clause 5 of the Bill gives powers to the presiding officer, after consultation with party agents and members of the security services, to redetermine and redemarcate the boundary of a voting station if necessary. It has not been possible under the principal Act to strengthen security and have flexible control. The issue of the voting boundaries is very important and here we want to promote access to this participatory democracy and ensure efficiency and access.
This Bill amends section 39 of the principal Act in cases where a voting station accommodates a big number of voters so that the voting process can be divided into streams in separate rooms. In this regard, the IEC may allow more than two agents for parties. This is indeed a very progressive amendment.
Clause 7 of the Bill entrenches another constitutionally fundamental right with regard to physically challenged persons. In this regard, the presiding officer may assist the voter that requires assistance due to physical disability, including blindness or other visual impairment, in order for him or her to cast his or her vote. Section 48 of the principal Act prohibits such specific assistance with the category of voters who are blind or have other visual impairments. This amendment is directly in line with the Constitution.
In clause 8 the Bill creates specific provisions for special votes. It allows any voter who is unable to vote on voting day to apply in a prescribed manner and be allowed, prior to voting day, to cast a special vote within that voting district. We must rally behind this amendment because it entrenches the fundamental right of franchise. It must be noted that section 55 of the principal Act, which is being amended, does not allow for any special votes. According to the principal Act, voting must occur on voting day and in the voting district where a voter is registered.
Clause 9 provides that if the commission is unable to determine and declare the result of an election within seven days as required by the Electoral Commission Act, it may, within that period, apply to the Electoral Court for an extension of the period and must furnish good reasons for doing so.
Clause 10, in essence, permits an interested party to lodge an objection material to the result of an election with the commission concerning various stipulated grievances. The Bill enhances an effective and fair process by way of entrenching the democratic right to object. In the same vein, the principal Act is a little bit rigid and narrow in this particular respect.
In conclusion, this Bill seeks to deepen participatory democracy to ensure that electorates, parties and independent candidates are accommodated. It further promotes transparency and accountability which is entrenched in our Constitution.
Indeed, this has a direct bearing on the local and municipal level of governance. This Bill promotes access of parties and individuals to all levels of the organs of popular people's power in order to enhance the objectives of nation-building and the deepening of democracy.
We must rally behind this Bill to ensure its successful implementation. One thing for sure is that we agree on the importance of the local and municipal levels of governance in bringing representative democracy closer to our people.
In this regard, as the ANC we support the Local Government: Municipal Electoral Amendment Bill, 27B of 2010. We hope and appreciate everything the other parties have said in supporting this particular Bill. I thank you. [Applause.]
Chairperson, I would like to thank all the participants in this debate for their support for the Bill. However, I would like to respond to a few comments that were made. I would like to start with a comment made by the hon Groenewald. I completely agree with him that presiding officers need to be properly trained to understand the detail of the law, so I think the Independent Electoral Commission will make sure that that happens.
I also agree with him that the recommendations that everybody from the DA is talking about are not necessarily the best recommendations for democracy. I do think he is right; we might just take you on, and you will disappear. He is right that the ANC will get much more than it gets now if we go the route that we are proposing, and smaller parties will disappear. Then you will turn around like you did with the floor-crossing and say that the ANC introduced this, and that it is antidemocracy. I think I really agree with the hon Groenewald on that.
I would also like to say to the hon Kganyago that I am sure that the IEC will ensure that the special votes are carried out in a manner that has integrity and fairness, and that there will be no problems. Hon Balindlela, I am not quite sure what you mean when you say that you hope that there will be no unintended consequences. The only unintended consequence that I can see is probably the further disintegration of Cope. [Laughter.] Other than that, I see no other unintended consequence.
Then coming to the hon Mnqasela, I think ... akekho umuntu ozonixhopha. Ningahle ningawatholi lawa mavoti eniwafunayo kodwa nizobe ningaxhoshwanga kodwa abantu abavotayo abazobe benganifuni. [Ihlombe.] [... no person will cheat you. You might not succeed in getting the votes that you want - not because the process has been fraudulent, but because the voters do not want you. [Applause.]]
Coming to the hon Lovemore, I just want to say that I agree with her when it comes to making sure that accessibility of the voting stations is ensured, and I hope that the IEC will make sure that the voting stations are accessible to all the voters. There I completely agree with you, but I think the IEC is wise not to take your advice on carrying out voter education that says that voters must take out the ruling party, because that is not their prerogative, and they then would not be doing what their mandate says they should do. I think they are wise to have said they will not do that.
When it comes to the mixture of constituencies and proportional representation, I think the ruling party did agree to that in local government, because that is where you need it most, and it is there, so I don't know what the complaint is about. When it comes to the national sphere, I do think that you can't just look at one aspect and say it will give more accountability. For all the other aspects that you mentioned, such as inclusiveness and inclusivity, when you then debate, you exclude that part which is very important.
The electoral law, as it stands in terms of proportional representation, is actually very good for inclusivity, and that is why we have so many parties here. If we didn't have it, we wouldn't have so many parties. Maybe we would have had three at most, and the others would disappear.
Secondly, the Constitution says there should be equality and we are building a nonracial, nonsexist South Africa. Part of the reason why the ruling party is able to fulfil its mandate when it comes to that aspect of gender equality is because of the proportional representation system, and I think it is important to keep to that. It is not only about gender; it is about youth, people with disabilities and so on. The electoral law is able to include them in our Parliament, precisely because it is using the proportional representation system.
It is also important that parliamentarians do not become captive of a particular lobby group that funds their election, because if we start going constituency by constituency, many people will end up being funded, as we see in big democracies: funding by this organisation and that organisation, and they end up becoming captive of a particular lobby group.
I think there is no problem with what the ruling party has accepted and, of course, recommendations are recommendations - they are either accepted or not accepted. There is nothing that says that when something has been recommended, the ruling party is under an obligation to accept it, but I can assure you that the ruling party has examined the recommendations, applied its mind and has come to the conclusion it did very wisely. Thank you. [Applause.]
Debate concluded.
Bill read a second time.