Chapter 1: Introduction

CHAPTER 1: INTRODUCTION

“There is no way under the sun that [demarcations] will happen within the period of 24 months.”

Minister Aaron Motsoaledi to the Select Committee on Security and Justice.

In November 2022, the Select Committee on Security and Justice considered the Electoral Amendment Bill and proposals for electoral reform to address the Constitutional Court’s ruling that the law must be amended to allow independent candidates to stand ahead of the 2024 election. Electoral reforms to introduce constituencies were among the proposals presented to Parliament by an advisory committee established by the Minister to advise on electoral reforms to accommodate this ruling. In light of time constraints ahead of the impending 2024 election, Motsoaledi proposed the establishment of a panel of independent experts to consider further proposals for electoral reform after the 2024 election. As a result, a provision was added to the Electoral Amendment Bill for the establishment of an Electoral Reform Consultation Panel (ERCP).

On 28 May 2024, the day before the 2024 election, Minister Motsoaledi appointed the ERCP. The composition of the nine-person Panel was approved in the final session of the Sixth Parliament on 16 May 2024. The Panel included the following individuals:

1. Chaired by Adv Richard Sizani, former Chairperson of the Public Service Commission and the inaugural Acting Secretary General of the Office of the Chief Justice - Constitutional Court

2. Adv Pansy Tlakula, Chairperson of the Information Regulator and former Chairperson of the Electoral Commission

3. Ms Mmatsie Mooki, an academic specialising in constitutional law and human rights

4. Ms Tomsie Dlamini, a consultant with expertise in democracy, governance and community development

5. Dr Michael Sutcliffe, a consultant and former Chairperson of the Municipal Demarcation Board

6. Mr Simon Mamabolo, Chief Executive Officer (CEO) of the Electoral Commission

7. Mr Michael Hendrickse, Western Cape Provincial Head of the Electoral Commission

8. Mr Norman du Plessis, former deputy CEO of the Electoral Commission

9. Dr Albertus Schoeman, a researcher specialising in democratic governance and public sector reform

FUNCTIONS AND PROCESS

The Panel’s functions are outlined in Section 23 of the Electoral Amendment Act. This includes:

to independently investigate, consult on, report on and make recommendations in respect of potential reforms of the electoral system for the election of the National Assembly and the election of the Provincial Legislatures, in respect of the elections to be held after the 2024 elections.

The legislation envisaged that the Panel would commence its work before the 2024 election to conduct research and after the election, undertake a public consultation process. The Panel’s report was set for submission within 12 months of the date of the 2024 election with provision for an extension on good cause.

The legislation stipulates that the report should recommend options for electoral reform, including:

a) Reasons, potential advantages, and disadvantages;

b) legal and constitutional implications; and

c) financial implications, for each proposed electoral system or electoral reform identified by the Panel.

Following submission, the Minister is required to table the report in Parliament for its consideration within 30 days of receiving it. The Panel’s role is advisory and the final choice rests with Parliament in line with its constitutional powers to determine the electoral system for national and provincial elections. The Panel’s initially agreed project timeline would make full use of the 12 months provided to comprehensively investigate the question of electoral reform. In the course of its work, it became evident that high levels of public interest in the Panel’s work would require an expansion of the public consultation process. This led to an extension of the deadline for written submissions at the request of the Portfolio Committee on Home Affairs and additional time dedicated to consulting widely. The expansion of the public consultation process led to the Panel requesting a three-month extension of its mandate until 29 August 2025. The Panel’s activities followed several phases:

i) Guiding Principles: The Panel formulated a set of guiding principles to use in evaluating electoral system options against the founding values set out the in Constitution.

ii) Call for written submissions: A public invitation for written submissions was issued on 26 August 2024 with an initial deadline of 30 September 2024 and later extended to 31 October 2024. This was accompanied by advertisements, both on print and electronic media, interviews and opinion articles by Panel members to promote its work.

iii) Discussion Paper: The Panel published a Discussion Paper on 26 November 2024 aimed at providing the necessary context for South Africans to engage meaningfully on the topic of electoral reform as a precursor to public consultations.4The Discussion Paper set out the background to the ERCP, introduced key electoral system design considerations and outlined the Panel’s public consultation process. A summarised version of the Discussion Paper was translated into nine official languages representing the most widely spoken linguistic groups.

iv) Public Consultations: The Panel’s public consultation process included both community and sectoral consultations. Sectoral engagements, virtual and physical, started in late November 2024 and ended in March 2025. Community consultations started in January 2025 and ended in March with the Panel visiting communities throughout the country to elicit people’s views on the electoral system and reforms. As part of the consultation process, the Panel planned a public opinion survey. Despite the development of the survey questionnaire, the Department of Home Affairs was unable to procure a service provider to conduct the survey before the end of the Panel’s term.

v) International Conference: The Panel’s consultation process ended with a two-day conference, 9-10 April 2025. The conference brought together stakeholders, including political parties and civil society organisations, among others, to discuss electoral reform and hear from local and international scholars on key electoral reform considerations for South Africa.

vi) Research: The Panel conducted research throughout its term based on a research program agreed at the start of its term. The main research activities included:

• a mapping exercise to systematically benchmark the South African electoral system against countries using similar systems;

• electoral system modelling using the 2024 election results to understand the potential effects of different electoral models;

• evidence for the effects of electoral system design on the attainment of the guiding principles;

• the history of previous reviews and electoral reform in South Africa;

• international trends in electoral reform and electoral reform case studies;

• and a systematic review of public submissions to understand common themes emerging from written submissions and the public consultation process.

STRUCTURE OF THE REPORT

The Panel submitted its final report to Minister Leon Schreiber on 29 August 2025. The report is structured into seven chapters. Immediately below this introductory chapter, follows Chapter 2 on the history of franchise in South Africa. The purpose is to underline the significance of this subject in South African history and the origin of the electoral system introduced in 1994. Chapter 3 looks at previous electoral reviews and recommendations for electoral reform over the last two decades. This includes both bodies set up specifically to review electoral law and other inquiries that made recommendations for electoral reform. Reference is also made to court rulings that have influenced the evolution of South African electoral law.

Chapter 4 presents the research on electoral systems including the various elements of electoral system design, and their effects on the attainment of the Panel’s guiding principles. The research also examines international trends in electoral reform to locate South Africa within global trends and draw relevant lessons in considering electoral reform. Chapter 5 reports on the public consultation process, engagements with various sectors, and provides an overview of the conference proceedings. Chapter 6 presents evaluations of the electoral system options based on the Panel’s research and the public consultation process and makes recommendations for Parliament’s consideration. Chapter 7 concludes the report by recounting the key issues emerging from each chapter that inform its recommendations to Parliament.