By Lehlohonolo Lehana.
The African National Congress (ANC) couldn’t amass enough votes in the National Assembly to recommend Glen Mashinini to return to the IEC as commissioner.
A majority of the National Assembly is necessary for the appointment. With the DA, FF Plus, ACDP and EFF opposed to Mashinini’s recommendation, only 190 MPs voted in support – 11 short of the requisite majority.
The DA, FF Plus, ACDP and EFF’s objections revolve around the problems experienced at last year’s municipal elections.
EFF MP Lerato Tito said Mashinini has “proven himself to be a dependable cadre of the ruling party”.
ANC MP Brandon Pillay said the IEC delivered free and fair elections under Mashinini.
Mashinini’s original seven-year term as an IEC commissioner expired in April.
While Mashinini had been appointed as Electoral Commission of South Africa (IEC) chairperson by then-president Jacob Zuma in April 2015 — and as its chairperson in September 2015.
In terms of the Electoral Commission Act, it’s now up to President Cyril Ramaphosa to apply his mind and determine who would be chairperson. “The President shall designate a chairperson and vice-chairperson from among the members of the Commission,” according to Section 8(1) of the Electoral Commission Act.
It is also clear Parliament will not meet the 10 June 2022 Constitutional Court deadline to change the electoral law even in the narrowest way the Bill outlines.
In June 2020, the Constitutional Court ruled “the Electoral Act 73 of 1998 is unconstitutional to the extent that it requires that adult citizens may be elected to the National Assembly and provincial legislatures only through their membership of political parties”.
Parliament had 24 months to amend the Electoral Act to allow independent candidates, and the deadline expires on Friday, with no chance of being met.
Parliament, however, deferred to the executive and Home Affairs Minister Aaron Motsoaledi only tabled the bill in January 2022.
Parliament has since approached the Constitutional Court to extend the deadline, and the decision is eagerly awaited.