Durban - It’s back to the drawing board as the presidency has been asked to re-advertise the vacancy on the Electoral Commission of South Africa (IEC) for better racial and gender representation.
This comes as Parliament’s home affairs committee decided it could not recommend appointment to the IEC where the current four commissioners were all male and black, and there was only one white woman among the five women candidates put forward for consideration.
The committee must interview candidates determined in an initial short-listing process by a panel headed by the chief justice, before taking its recommendation to the National Assembly.
Once approved by a majority of MPs the recommendation goes to the president, who appoints the IEC commissioner.
“Given the need for gender and race representivity as per section 193(2) of the Constitution, the list of recommended candidates does not provide the committee with sufficient choice,” the home affairs committee report said. “The committee recommends that the president considers the re-initiation of the process of advertising and interviews to identify more candidates meeting the equity requirements.”
The report was adopted in the National Assembly on Wednesday by a vote of 178 for and 14 against.
But the vote did not come before political parties made declarations in an already terse sitting of the House, which erupted over an obscene gesture by EFF MP Nazier Paulsen, which he denied.
Deputy speaker Lechesa Tsenoli appeared at sea as a flurry of points of order degenerated amid accusations he was failing to apply the rules equally to all MPs, including “white men”, after the DA raised what it called the “foul” gesture.
Paulsen had kicked off the declarations, saying the ANC was not concerned because of their commitment to gender and race equity: “They are worried the list... does not include their cadres, who are willing to rig the elections next year when our people vote for the EFF.”
IFP MP Sibongile Nkomo said the process needed to “start afresh” as there was insufficient racial representivity.
The National Freedom Party called for nominations for suitably qualified candidates. The ANC backed the report.
With an unfilled vacancy, the electoral commission is not at its full, statutorily-required complement of five commissioners – and effectively this means the president, who appoints the IEC chairperson from among the commissioners, is constrained from doing so.
With less than a year to go before the 2016 local government elections this vacancy is set to up the pressure on the commission.
Currently there are no women on the five-strong IEC, whose commissioners serve seven-year terms. They are vice-chairman Terry Tselane and commissioners were Judge Thami Makhanya, Reverend Bongani Finca and Vuma Mashinini.
The current vacancy arose in February when Raenette Taljaard resigned for personal reasons, just over three years after being appointed as a part-time commissioner.
A previous vacancy left by Pansy Tlakula’s September 2014 resignation under a cloud of conflicts of interest, was filled amid opposition objections, by recommending Mashinini earlier this year.
Following a vote of 223 for, 127 against and two abstentions in the National Assembly, his name was forwarded to President Zuma, who announced the appointment from May 1.
Last last year the public protector found against Tlakula over mismanagement, procurement irregularities and conflicts of interest over the acquisition of a new head office when she was IEC chief electoral officer. An independent forensic audit subsequently came to similar conclusions.
The current situation at the electoral commission emerged after the parliamentary home affairs committee in mid-July received the short-listed eight nominations.
Daily News