FW de Klerk Foundation welcomes Launch of Civil Society Electoral Reform Panel

26 August 2024

The FW de Klerk Foundation is pleased to have attended the launch of the Civil Society Electoral Reform Panel (“CSERP”) at Constitutional Hill on 16 August 2024. This panel, initiated by My Vote Counts, arises in response to the exclusion of civil society from the government-appointed electoral reform panel, established earlier this year.

The CSERP emerges as a necessary response to the Constitutional Court's 2020 ruling in New Nation Movement NPC and Others v President of the Republic of South Africa and Others that required amendments to the Electoral Act to allow independent candidates. Despite this ruling, recent legislative changes have not adequately addressed the call for comprehensive reform. The Electoral Amendment Act, signed into law on 17 April 2024, falls short of the expected reforms. The Act’s failure to implement a mixed constituency-proportional system, as recommended by the Ministerial Advisory Committee (“MAC”) and the Van Zyl Slabbert Commission, highlights its inadequacies.

The MAC’s majority recommendation for a mixed system was largely ignored in favour of minimal amendments that do not fully accommodate independent candidates. This approach has been criticised for failing to correct long-standing issues in South Africa’s electoral framework. The Act's provision for large province-wide constituencies and its unfair signature requirements for independents create significant barriers, undermining the goal of enhanced electoral responsiveness and accountability.

The CSERP aims to complement rather than compete with the government’s panel, addressing gaps left by recent legislative changes. It brings together civil society's collective expertise to advocate for meaningful electoral reforms, ensuring that public representatives are more accountable to their constituencies.

Ismail Joosub, Manager of the Constitutional Advancement Programme at the FW de Klerk Foundation, remarked, “The CSERP’s launch marks a crucial step towards meaningful electoral reform. By integrating insights from various stakeholders, including civil society, this panel aims to enhance our democratic processes and ensure that all reforms align with constitutional values.”

Ezra Mendel, an intern with the Foundation, added, “Our participation in this launch underscores our dedication to advancing constitutional principles. We support the CSERP’s mission to explore and recommend reforms that will strengthen accountability and better represent South African voters.”

We thank My Vote Counts for including us in this significant event. The FW de Klerk Foundation remains committed to supporting efforts that align with our mission to promote constitutional advancement and foster transparent governance in South Africa.

Issued by FW de Klerk Foundation, 26 August 2024