Hon Chairperson, let me start by saying that in the Fifth term members were elected using the same procedure. In the last term it was not challenged. Now we are surprised as this procedure is being questioned.
With regard to the issue that was raised, the procedure for the appointment and the representation of the NCOP in the Judicial Service Commission is provided for in section 178 (1)(i) of the Constitution. According to this section there are four permanent delegates from the National Council of Provinces designated together by the Council with a supporting vote of at least six provinces.
Chairperson, the composition of the list was drafted on the basis of this section read together with section 70(2)(a)(b) and(c). This section enjoins the Rules and orders of the NCOP, provides for the establishment, composition, powers, functions, procedures and
duration of the committee. The participation in the proceedings of the Council and its committees of minority parties represented in the Council is in a manner consistent with democracy wherever a matter is to be decided in accordance with section 75.
Chairperson, I must hasten to point out that democracy cannot mean equal representation of equal minority parties with the majority parties. Therefore, as a province we support the motion as tabled by the Chief Whip.