Marianne Merten
Political facilitator Frederik van Zyl Slabbert named as the head of a multi-party commission to draft a new electoral law has waited almost a year for his letter of appointment.
Institute for Democracy in South Africa co-founder Van Zyl Slabbert said this week there had been no formal confirmation of his appointment, and that he had yet to receive the list of the commission’s members and its terms of reference.
There is a widespread impression in political circles that Slabbert is already running the commission, whose establishment Cabinet approved on March 14 last year to “draft new electoral legislation as required by the Constitution”. The Independent Electoral Commission, which was contacted this week, apparently believes he is heading the process.
Many agree a review is needed because of flaws in the current system based exclusively on proportional representation. Other shortcomings were highlighted by the current efforts to remove the anti-defection provisions.
But there is ambiguity on whether new election legislation is required by the Constitution. Some believe the current system was valid only until the 1999 poll, according to constitutional transitional arrangements others disagree.
There is rising concern in parliamentary circles that time is running out to establish a fully canvassed electoral system for the 2004 and subsequent elections.
One constitutional expert said any major changes particularly the introduction of constituencies would need thorough public debate and take time to implement. The longer the delay, the more likely it is that the 2004 election will take place under the existing system.
An African National Congress source complained that his party is allowing the floor-crossing legislation, a minor aspect of electoral reform, to take centre stage. “We need to get this [floor-crossing law] out of the way quickly, so that we can tackle the larger issues.”
When Cabinet approved the commission in March last year, it said in a statement that: “[T]he team, chaired by Dr F van Zyl Slabbert will consult various departments and role players; and modalities will be found to involve political parties in the drafting of such legislations.”
The decision was reaffirmed by President Thabo Mbeki in Parliament three months later, when he confirmed Van Zyl Slabbert would head the team to draft new electoral legislation.
However, Mbeki also said that “one cannot operationalise that particular process without having dealt with the parameters and the modalities that deal with the involvement of everybody else in discussing what is a very important matter”.
It appears the Department of Home Affairs, under which the commission falls, has been in touch with Deputy President Jacob Zuma to obtain clarity. Home affairs communications director Leslie Mashokwe said it “is still awaiting a response from the deputy presidency on the Van Zyl Slabbert commission. We have not heard anything yet.”