Gauteng Legislature Adhoc Committee on the Electoral Act tables its 1st report to The House
Members of the Gauteng Provincial Legislature received a report on the newly established GPL Adhoc Committee on the Electoral Act during a House Sitting. Adhoc Committee Chairperson Jacqui Mofokeng yesterday (Thursday, 29th November 2018) tabled the Committee’s first ever report on the Proposed Amendments to the Electoral Act 73, 1998; giving feedback on the Committee’s achievements since its establishment thus far.
Gauteng Legislature Speaker Ntombi Mekgwe, formally established the Ad-Committee on Revision of the Electoral Act, Act No. 73 of 1998 on 04th May 2018 in terms of Rule 187(1) read together with Rule 147 of the Standing Rules. The Committee was established to ensure that the Legislature embarks on a process of taking further steps to amend the Electoral Act to increase its number of seats from 73 to a maximum of 80. “As at the year 2016 the population of Gauteng was estimated at around 13 million and in terms of the formula in the Constitution and Electoral Act, the Gauteng Provincial Legislature should have been entitled to the maximum of seats being 80 as per applicable legislation,” said Honourable Ntombi Mekgwe at the time.
The country’s and province’s population has grown substantially over that past 19 years. According to Stats SA, it currently stands at an estimated 57 725 600 from 40 583 573 in 1996, representing a total increase of 17 142 027 in population between 1996 and 2018. This then warrants a review of the formula prescribed in the Electoral Act with a view to ensure equitable representation for provinces. The mandate of the Ad-hoc Committee is to consult extensively on the matter and draft a legislative proposal, including recommendations on the implications of the proposal to Gauteng as well as other provinces and national parliament.
Reporting on the work of the Committee thus far, Chairperson Mofokeng indicated that the Committee convened in early November and developed a programme of Action which includes Committee feedback meetings and consultative sessions with the various stakeholders. In initiating the process, the Ad-Hoc Committee embarked on a consultative road show on the 12th-16th November 2018, with a view to solicit views from other Legislatures on their standing in relation to the Electoral Act and the allocation of seats to Provincial Legislatures. The Committee’s consultation process includes engagements with stakeholders, i.e Electoral Commission as the administrative body that oversees the implementation of the Electoral Act with a view to review said Act; the National Council Provinces; Provincial Treasury; Statistics South Africa; Department of Home Affairs; and Political parties amongst others.
Preliminary Research conducted by the Ad-Hoc Committee revealed that the review of the electoral will have the following implications in terms of allocation of seats to provincial legislatures by the recent population statistics released in July 2018: a) Free State Legislature will not increase its seats and will remain at a minimum of 30 seats as prescribed by the Constitution; Northern Cape Legislature will not increase its seats and will remain at a minimum of 30 seats as prescribed by the Constitution; Mpumalanga Legislature will increase by 15 seats from 30 to 45 seats; North West Legislature will increase by 10 seats from 30 seats to 40 seats; Western Cape Legislature will increase by 26 seats from 42 seats to a total of 68 seats; Limpopo Legislature will increase by 9 seats from 49 seats to a total 58 seats; Eastern Cape Legislature will increase by 2 seats from 63 to a total of 65 seats; Kwazulu Natal Legislature will not increase their seats as they are already at the maximum of 80; and Gauteng Legislature will increase to a maximum of 80 seats from 73 in line with the provisions of the constitution.
The Committee notes the financial implications of the process, and is of the view that National Treasury find ways to respond this constitutional mandate and provision. The Committee further recommends GPL follows through on the process to ensure the proposal is supported by the NCOP and NA for it to become enacted law; and that the matter be expedited by both the GPL as well as the NCOP in order for the matter to be finalised before the 6th Legislature.
The AdHoc Committee will keep the public informed on all these processes.
Enquiries:
Pfano Bulasigobo
Cell: 060 533 1982
Tel: 011 498 6381
E-mail: pbulasigobo@gpl.gov.za
