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WHY SOUTH AFRICA NEEDS ELECTORAL REFORM: A LOOK AT MIXED-MEMBER PROPORTIONAL SYSTEMS

By Daniela Ellerbeck on behalf of the FW de Klerk Foundation on 12/11/2024

*This article was first published as an opinion piece in Mail & Guardian on 12 November 2024.

 

The electoral reform debate has been ongoing for some time – since 1993’s Interim Constitution, in fact.

Now, with the Electoral Reform Consultation Panel’s invitation for comments on why, how and whether South Africa’s present electoral system should be reformed, changed, or even replaced, it is back in the spotlight.

Wait, there is more than one electoral system? Yes, in fact, there are many. For the sake of brevity, only the three main types will be discussed in this article:

 

So what is wrong with our current system?

In the current system, half of Parliament’s seats (200) are contested by independent candidates and political party candidates contesting the nine regions (regional seats).

The other half are contested by political party candidates (compensatory seats).

The compensatory seats are there to restore overall proportionality between the political parties due to any potential distortion created by the regional seats.

 

Accountability

Unfortunately, the current system does nothing to ensure that elected representatives are more accountable to the electorate than their party (the accountability problem). It also fails to meet other constitutional requirements, such as responsiveness and openness.

And while an independent candidate may be nominated in more than one region, the votes s/he receive across those different regions may not be aggregated for him/her to obtain a seat in Parliament. Furthermore, if an independent candidate wins more than one seat, s/he is awarded only one seat and forfeits any additional seats.

Cleary, this results in a system in which votes cast for independent candidates count substantially less than those cast for political parties. (It also fails to meet the constitutional requirement for proportionality insofar as votes cast for independent candidates will not result in their proportional representation in the National Assembly or provincial assemblies.)

Not to mention the high degree of wasted votes, because independent candidate will only be awarded one seat, even if they win more than one seat.

It speaks volumes that not one independent candidate was able to win a seat in the National Assembly.

For these reasons, and others, electoral reform is not only justified, but very necessary.

 

What is the solution?

Some form of a mixed-member proportional system has been repeatedly proposed: First, by the majority in the Van Zyl Slabbert Report (which was published before independent candidates were allowed to stand for public office).

Second, by the High Level Panel in its report.

Third, by former Chief Justice Raymond Zondo, who urged Parliament to consider such a combination, in the State Capture Report.

Finally, there was the Ministerial Advisory Committee on Electoral Reform (the MAC) which also proposed such a combination in 2021.

In its submission to the Electoral Reform Consultation Panel, the FW De Klerk Foundation supported the MAC’s majority recommendation (which was based on the Slabbert Task Team’s majority recommendation, but which had been updated to incorporate independent candidates) of a mixed-member proportional system.

This will allow voters to have a direct link to their geographic constituency’s candidates running for a seat in Parliament. Simultaneously, voters will be able to recall underperforming elected officials.

The MAC majority’s recommendation that political party candidates compete directly against individual independent candidates to represent a single-member geographic constituency in the National Assembly or provincial legislature is a fairer system of competition. It ensures that, as much as possible, votes have equal value.

However, the FW de Klerk Foundation has recommended that instead of the MAC’s 200 seats, 250 out of Parliament’s 400 seats should be allocated to representatives from single-member constituencies.

This will give greater weight to constituencies and help solve the accountability problem.

It will also increase responsiveness and openness, resulting in the public’s trust being restored in the democratic system. It is hoped that this, in turn, will increase the ever-dwindling voter turnout.

The foundation believes such an electoral system will also result in overall proportional representation while allowing for independent candidates to compete on a level playing field with political parties.

South Africa desperately needs a system that makes politicians accountable to voters, not their political party.

The Electoral Reform Consultation Panel has to report to the Minister of Home Affairs regarding why and how South Africa’s current electoral system should be reformed, by May 2025.

With the panel now considering the issue afresh (for the fifth time), maybe a mixed system will finally stand a chance. The FW de Klerk Foundation encourages the public to stay in the conversation.

The FW de Klerk Foundation Annual Conference

The FW de Klerk Foundation Annual Conference – hosted in conjunction with the Konrad-Adenauer-Stiftung – took place on 31 January 2025. The theme of this year’s conference is: “South Africa’s Position in the World Today”.
 

 Esteemed speakers include Ambassador Andreas Peschke (Ambassador of the Federal Republic of Germany); Magda Wierzycka (CEO of Sygnia); Dr Harlan Cloete (Local Governance and Public Leadership – Research Fellow) and Johan “Rassie” Erasmus (Springbok Coach).