MARIANNE MERTEN: Last-chance saloon for electoral reform

SA’s national unity government brought about by voters’ choices is signalling that governance could be done differently, even if state capture and corruption-implicated MPs continue to occupy parliamentary benches. 

That those linked to dodgy dealings can lay claim to being called “honourable” is a fluke of an electoral system where political parties determine their public representatives. Never mind the constitution stipulating that the National Assembly is elected to “ensure government by the people” — the system favours political party bosses who, on the pain of dismissal and loss of a R1.1m-plus annual salary, tell their MPs what to do.

But the current electoral system could change to allow for directly elected constituency MPs, among others. The electoral reform consultation panel is calling for public submissions by end-September. Getting here has been a troubled and delayed process that was enmeshed with the then-governing ANC’s aversion to a wider electoral review, as part of the June 2020 Constitutional Court-ordered inclusion of independent candidates in national and provincial polls.

As legislative processes unfolded, then-home affairs minister Aaron Motsoaledi ignored his ministerial advisory committee’s recommendation that directly elected MPs be included, as were the Frederik Van Zyl Slabbert inquiry’s recommendations more than 20 years earlier. 

The public outcry over the minimalist amendments in Motsoaledi’s legislation triggered a last-minute addition by parliament — the electoral reform consultation panel. But while the Electoral Amendment Act came into force by presidential proclamation on June 19 2023, Motsoaledi failed to establish the panel as required within four months, by mid-October 2023.

When in December 2023 Motsoaledi finally presented potential panellists to MPs, these were deemed inadequate on the skills and experience front. Only in mid-May 2024 did parliament approve panel members.

Against this backdrop, civil society has now also established a panel, with research capacity, to contribute to the electoral reform processes. Transparency advocacy organisation My Vote Counts successfully went to court to ensure the R100,000 political funding threshold and annual R15m for individuals and entities remain in place, after a lacuna created by parliament and the presidency opened the door to unlimited donations just before the May 2024 elections.

Crucially, the Electoral Commission of SA got political parties’ buy-in to stick to these limits given the court proceedings, and the latest disclosure publication showed they did. 

Motsoaledi’s successor in the national unity government, the DA’s Leon Schreiber, seems to have picked up the pace, and a month ago the panel called for public submissions on SA’s future electoral system. However, delays have cost the panel some seven months that should have been spent on research and consideration of issues, according to section 23 of the Electoral Amendment Act.

Unless it gets an extension the panel must submit its report and recommendations to the home affairs minister by May 28 2025 at the latest, and the minister will then table them in parliament.

The Zondo state capture commission recommended that parliament consider a constituency-based electoral system. But the national legislature has already dismissed the commission’s recommendation for a presidency oversight committee. How parliamentarians deal with proposed electoral changes will show whether national unity government dynamics have helped parliament shake off years of ministerial and cabinet browbeating. 

While directly elected MPs are no guarantee of accountability — ward councillors often fail their local communities — it’s a step towards accountability and responsiveness, two constitutional founding values. Constituency MPs could help cure the disregard for parliamentarians, politicians and political parties, which feature in the bottom third of public trust opinion surveys. Political parties focused on shoring up control and power cannot be allowed to trump SA’s public interest. 

A future electoral system has to encourage trust and stop citizens from opting out of the most basic democratic practice — casting a ballot — as declining voter turnouts highlight. Otherwise, the danger of SA’s constitutional democracy being hollowed out is real. 

Electoral reform must be taken seriously. By everyone.

• Merten is a veteran political journalist specialising in parliament and governance.