The proposed independent panel to investigate whether electoral reforms are necessary and possible options could begin its work as early as April 2023.
Its findings would be tabled in the new parliament convened after the 2024 general elections for consideration.
This is the latest proposal by government on the contentious Electoral Amendment Bill.
Adv Steven Budlender, SC, on behalf of the department of home affairs, told the National Council of Provinces' select committee on security and justice on Monday: “It is important to make it clear now that this is the intention of parliament and parliament is seriously considering the question of long-term electoral reform.
“It also ensures that the next parliament, within a year of being elected, will have before it a comprehensive report by an independent, well-qualified panel so that parliament can decide whether to engage in further electoral reforms and to do so in a way that allows time for that to be implemented before the 2029 elections.”
This will assist the bill in passing constitutional scrutiny, he said.
The clause proposes the establishment of a nine-member panel made up of people with expertise in the administration and running of elections or constitutional law or electoral systems to investigate, consult and make recommendations on potential electoral reforms for the National Assembly and provincial legislatures.
It states that the home affairs minister has to establish the Electoral Reform Consultation Panel within four months after the commencement of the act and after a public nomination process.
The decision on whether reforms are necessary and the possible options would be made by parliament.
The panel must submit its report to the home affairs minister within 12 months of the date of the 2024 elections.
“Upon receipt of the report of the panel, the minister must forthwith table the report in parliament for its consideration and make the report available to the public,” reads the proposal.
Budlender said investigating broader electoral reform was not required by the Constitutional Court when it handed down judgment in the New Nation matter in June 2020.
The focus for 2024 is to make sure independent candidates can contest the elections and broader electoral reform can be considered afterwards.
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