Hon Speaker, hon Deputy President, hon members, yes, my first sentence would actually have been that the committee chair is not well and has requested me to present this report to the House on her behalf.
In terms of section 6 of the Electoral Commission Act of 1996, the Independent Electoral Commission, IEC, consists of five members, one of whom shall be a judge. Given the obvious importance of the IEC in a free and democratic South Africa, the Act states that these members are appointed by the President on the recommendation of the National Assembly. Stressing the prerequisite that the IEC should be independent, the Act prescribes that members of the commission should not have a high political profile.
Section 6 of the Act states that a committee of the National Assembly makes nominations to this House from a list of candidates submitted to the committee by a panel which is chaired by the Chief Justice and also consists of representatives of the Human Rights Commission, the Commission on Gender Equality and the Public Protector. According to the Act, the panel's recommendations to the committee shall have due regard to a person's suitability, qualifications and experience.
Following the sad passing away of Judge President H Q Msimang, who served with great distinction as a member of the IEC, the Chief Justice of the Republic wrote to the hon Speaker of the National Assembly on 20 April 2011, informing him that the panel has convened after receiving nominations from the various provincial High Courts and has decided to recommend a number of candidates for consideration to fill the vacancy in the IEC. Although, needless to say, all the candidates are fit, proper and capable judges to fill the vacancy, the panel prioritised them largely based on their availability.
As members would, no doubt, appreciate, the filling of this crucial vacancy had to be dealt with expeditiously as all South Africans would expect from us, especially in view of the upcoming local government elections and the fact that the commission should be properly constituted. Hence we have the convening of this special session of the House.
After considering this important matter quite carefully, the responsible committee in this regard - the Portfolio Committee on Home Affairs - recommends that the preferred candidate recommended to us, Judge G M Makhanya, be recommended by this House to the President for purposes of filling the vacancy in the IEC. Judge Makhanya is an experienced judge who has served as such in the South and North Gauteng High Courts - previously called the Transvaal Provincial Division - since November 1999. This is for almost 11 years. He has acted as a judge of the Namibian High Court in 2004 and can speak eight of our nine official languages. I think it is very good to have someone like that on the commission. We have full confidence that he will be a great asset to the IEC, and it is our ... [Interjections.] Yes, eleven! Correct! Oh, 8 out of the 11 official languages! Sorry! That was a big mistake!
We have full confidence that he will be a great asset to the IEC and it is our privilege to nominate him for consideration by the National Assembly as indicated in the committee report.
Mr Speaker, allow our committee the opportunity to also wish Judge Makhanya and the IEC well in their continuing endeavours to ensure that we have elections of the highest integrity in our country. We call on all registered South Africans to exercise their democratic right to vote in the municipal elections.
We trust that all individuals and political parties participating and campaigning during this election period will do so in a fair and democratic manner, assisting the IEC in making sure that our elections will once again be free and fair, bearing the torch of democracy for the whole wide world to see. We herewith table the committee's report for consideration by the House. Thank you, Speaker.
There was no debate.
Question put: That the nomination of Judge G M Makhanya to serve on the Independent Electoral Commission be approved.
AYES-300: Abram, S; Adams, P E; Ainslie, A R; Baloyi, M R; Bam-Mugwanya, V; Bapela, K O; Bhengu , N R; Bhengu, P; Blaai, B C; Bogopane-Zulu, H I; Boinamo, G G; Booi, M S; Borman, G M; Boshigo, D F; Bosman, L L; Botha, Y R; Bothman, S G; Burgess, C V; Carter, D; Cele, M A; Chabane, O C; Chikunga, L S; Chiloane, T D; Chohan, F I; Coetzee, T W; Cronin, J P; Cwele, S C; Dambuza, B N; Daniels, P N; Davidson, I O; Davies, R H; De Lange, J H; Dexter, P D; Diale, L N; Dikgacwi, M M; Dikobo, K J; Dlakude, D E; Dlamini, B O; Dlamini-Zuma, N C; Dlodlo, A; Dlulane, B N; Du Toit, N D; Dubazana, Z S; Dube, M C; Dudley, C; Duma, N M; Duncan, P C; Dunjwa, M L; Ebrahim, E I; Ellis, M J; Farrow, S B; Figlan, A M; Fihla, N B; Fransman, M L; Frolick, C; Gasebonwe, T M A; Gaum, A H; Gcwabaza, N E; Gelderblom, J P; George, D T; George, M E; Gigaba, K M N; Gina, N; Gololo, C L; Gona, M F; Goqwana, M B; Greyling, L W; Gumede, D M; Hajaig, F; Hanekom, D A; Harris, T D; Holomisa, S P; Hoosen, M H; Huang, S-B; Jacobus, L; James, W G; Jeffery, J H; Joemat-Pettersson, T M; Johnson, M; Kalyan, S V; Kekane, C D; Kganyago, N M; Khoarai, L P; Kholwane, S E; Khumalo, F E; Khunou, N P; Kilian, J D; Kloppers-Lourens, J C; Komphela, B M; Koornhof, G W; Koornhof, N J J v R; Kotsi, C M P; Kubayi, M T; Lamoela, H; Landers, L T; Lekgetho, G; Lekota, M G P; Line, H; Lishivha, T E; Lotriet, A; Lovemore, A T; Lucas, E J; Luyenge, Z; Maake, J J; Mabasa, X; Mabedla, N R; Mabuza, M C; Madikizela-Mandela, W; Madlala, N M; Madlopha, C Q; Mafolo, M V; Magagula, V V; Magama, H T; Magau, K R; Magazi, M N; Magubane, E; Magwanishe, G; Mahlangu-Nkabinde, G L; Makasi, X C; Makhubela-Mashele, L S; Makhubele, Z S; Malale, M I; Maluleka, H P; Maluleke, J M; Manana, M C; Mandela, Z M D; Manganye, J; Mangena, M S; Manuel, T A; Mapisa-Nqakula, N N; Marais, S J F; Martins, B A D; Masango, S J; Maserumule, F T; Mashatile, P; Mashiane, L M; Mashigo, R M; Mashishi, A C; Masutha, T M; Mathebe, D H; Mathebe, P M; Mathibela, N F; Matlanyane, H F; Matshoba, J M; Maunye, M M; Mavunda, D W; Max, L; Maynier, D J; Maziya, M; Mbhele, P D; Mbili, M E; McGluwa, J J; Mda, A; Mdaka, M N; Mdakane, M R; Mfeketo, N C; Mgabadeli, H C; Mjobo, L N; Mkhulusi, N N P; Mlambo, E M; Mlangeni, A; Mmusi, S G; Mnguni, P B; Mnisi, N A; Mnqasela, M; Mocumi, P A; Mohale, M C; Mokgalapa, S; Mokoena, A D; Molebatsi, M A; Moloi-Moropa, J C; Moloto, K A; More, E; Morgan, G R; Morutoa, M R; Moss, L N; Motau, S C; Motimele, M S; Motlanthe, K P; Motsepe, R M; Motshekga, M A; Motshekga, M S; Mphahlele, L M; Mthethwa, E M; Mthethwa, E N; Mtshali, E; Mubu, K S; Mufamadi, T A; Mushwana, F F; Muthambi, A F; Nchabeleng, M E; Ndabeni, S T; Ndebele, J S; Ndlanzi, A Z; Nel, A C; Nelson, W J; Nene, N M; Newhoudt-Druchen, W S; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngele, N J; Ngwenya, W; Ngwenya-Mabila, P C; Nhanha, M A; Nhlengethwa, D G; Njikelana, S J; Njobe, M A A; Nkwinti, G E; November, N T; Ntshiqela, P; Ntuli, Z C; N'wamitwa-Shilubana, T L P; Nxesi, T W; Nxumalo, M D; Nyalungu, R E; Nyekemba, E; Oliphant, G G; Oliphant, M N; Oriani-Ambrosini, M G; Pandor, G N M; Paulse, S; Peters, E D; Petersen- Maduna, P; Phaahla, M J; Phaliso, M N; Pilusa-Mosoane, M E; Pretorius, P J C; Pule, D D; Rabie, P J; Rabotapi, M W; Radebe, B A; Radebe, G S; Radebe, J T; Ramatlakane, L ; Ramatlhodi, N A; Ramodibe, D M; Robinson, D; Ross, D; Rwexana, S P; Saal, G; Schafer, D A; Schmidt, H C; Schneemann, G D; Segale- Diswai, M J; Selau, G J; September, C C; Shabangu, S; Shinn, M R; Sibanyoni, J B; Sibhidla, N N; Sisulu, L N; Sizani, P S; Skosana, J J; Skosana, M B; Smith, V G; Smuts, M; Snell, G T; Sogoni, E M; Sonto, M R; Sosibo, J E; Sotyu, M M; Steele, M H; Steyn, A C; Stubbe, D; Suka, L; Sulliman, E M; Sunduza, T B; Surty, M E; Swart, M; Swart, S N; Swathe, M M; Thibedi, J D; Thobejane, S G; Thomson, B; Tinto, B; Tobias, T V; Tolo, L J; Tsebe, S R; Tseke, G K; Tsenoli, S L; Tshwete, P; Tsotetsi, D R; Twala, N M; Van Dalen, P; Van der Merwe, J H; Van der Merwe, S; Van der Westhuizen, A P; Van Dyk, S M; van Wyk, A; Vukuza-Linda, N Y; Wenger, M; Williams, A J; Williams-De Bruyn, S T; Xaba, P P; Xasa, T; Xingwana, L M; Yengeni, L E; Zikalala, C N Z; Zulu, B Z.
Question agreed to.