A committee set up by minister of home affairs Aaron Motsoaledi to advise him on changes to the electoral system is divided on which system to adopt, with a majority view in favour of a hybrid system where half the members of parliament are elected directly by their communities.
The committee of eight members was commissioned by Motsoaledi to review the electoral system following a Constitutional Court judgment that last June declared the Electoral Act unconstitutional in as far as it required citizens to be elected to the National Assembly and provincial legislatures through closed party lists. The court directed parliament to rectify SA's electoral law within 24 months.
The Constitutional Court judgment followed a challenge by the New Nation Movement and others, who contested provisions limiting independent candidates from being directly elected.
In a 31-page report, seen by the Sunday Times, the committee is divided over which system would best give effect to the ruling of the apex court. Four members favour a mixed model that would combine first-past-the-post (winner takes all) and proportional representation (PR). In terms of this system, 200 members of the National Assembly would be elected directly by the constituencies they serve, and the other 200 would be chosen through a party list system.
This system, which closely resembles the one used in local government elections, would see voters receiving two ballots - the first to vote for an MP who would represent them in a single-member constituency. The second ballot would be for a party that would represent them in a multi-member constituency chosen through a list compiled by the political party of their choice
"Those in favour of this option believe that it does not interfere with the constitutionally required general proportionality and is the best option for ensuring inclusiveness, gender representation, simplicity and fairness for independents," the report reads.
Former constitutional affairs minister Valli Moosa, who chaired the ministerial advisory committee, found in favour of this system. He was supported by prominent advocate Vincent Maleka and academics Dr Sithembile Mbete and professor Daryl Glaser.
Three members of the advisory committee were in favour of retaining the current electoral system, but slightly modifying it to accommodate independent candidates without significant changes to the electoral law. They favour inserting independent candidates into the electoral system to compete against political parties for votes.
Independent Electoral Commission (IEC) former chair Pansy Tlakula, former deputy chair of the electoral commission Norman du Plessis, and Mike Sutcliffe - a former eThekwini city manager who also served on the Municipal Demarcation Board - came out in support of this system
"Retaining a PR system with a multi-member constituency component for the National Assembly vote will continue the existing inclusiveness of the electoral system, yielding a broad representation of the demographic, ethnic, racial, and religious diversity of the population," the report reads.
The remaining member of the advisory committee, Nomsa Masuku, did not express her choice as she is a serving commissioner of the IEC.
As the committee was only advisory, Motsoaledi will take their recommendations to cabinet, and ultimately parliament. A decision will be taken by parliament as to which system to adopt after conducting public consultations.
The current PR system has been in place since the advent of democracy. It divides the country into nine multi-member constituencies that follow the lines of the nine provinces. Voters cast one ballot for a party of their choice, which party compiles lists of members it chooses to represent it in the National Assembly and the provincial legislatures. The IEC makes a seat allocation based on the proportion of votes for each party.
Critics have argued that the PR system is flawed because MPs end up being accountable to their parties rather than to the voters. However, those in support of retaining the existing system argue that a first-past-the-post system - where the first party to get a 50% plus one majority wins a constituency - would disadvantage smaller parties.
Those on the committee who favour a slight modification of the current system to make room for independent candidates say these candidates would use the province they reside in as their constituency for both parliament and provincial legislatures.
They argue that MPs can only be accountable to citizens after the elections. "Accountability is a post-elections issue, and parliament should ensure that mechanisms are in place to ensure elected representatives are accountable to citizens."
But those of the opposing view say a hybrid system would give voters "a 'local' MP who they can approach and who can represent their interests".
One South Africa Movement leader Mmusi Maimane said he supports the mixed model incorporating single-member constituencies because "it reforms the system".
Lawson Naidoo, executive secretary of the Council for the Advancement of the South African Constitution, said a hybrid system was consistent with submissions his organisation had made to the committee.
"This is an important development for the strength of South Africa's democracy because it's not just about short-term elections, it's about the long-term sustainability of democracy, enhancing integrity and accountability in the electoral process, which will hopefully reap rewards in the kind of governance that we see," he said.
Motsoaledi's spokesman Siya Qoza said the minister had not seen the report.
"If there are two options, as you are suggesting, then it means that the committee has delivered on what it was tasked with," he said.
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