How can we balance independent members of Parliament with proportional representative members of Parliament, appointed nationally by political parties?

The jury is still out as to how we can have independent candidates and proportional representation if the government is to implement Judge Mbuyiseli Madlanga’s judgement last June on the New Nation Movement’s court application. Judge Madlanga directed this to be completed in two years. Nearly one quarter of the time is now gone, and there is still no clarity on how to proceed.

The proportional votes are allocated to the political parties, and not individuals. How can we allocate proportional votes to independent members of Parliament, as independent candidates? Is it possible to have independent candidates elected alongside a vote for a political party by proportional representation in which parties nominate their own appointees? 

It is not possible for independent candidates to stand for election except if the whole country is divided into constituencies in which they can stand. If there are no constituencies – as for our present national and provincial legislatures – then it is impossible for voters to identify candidates by name. Only in a constituency-based system can local voters choose between local candidates by name. 

Implementation of Judge Madlanga’s ruling must mean creating constituencies for national and provincial elections so that individual candidates can be identified by local voters. But how can this be coordinated with the present system that excludes constituencies in voting for a party list?

By contrast, there would be no problem for 75% of seats if the majority proposal in the Electoral Task Team report presented by Dr Frederik van Zyl Slabbert in 2003 is adopted by Parliament. Dr Slabbert’s majority recommendations were that 75% (300) of members of Parliament should be elected through large, multi-member constituencies. Independent candidates would have no problem in contesting for each of these 75% (300) seats. 

The outstanding problem is the 25% (100) seats allocated to political parties on the basis of proportional representation of votes per party. This excludes independent candidates who do not belong to any political party. Effectively certain independent candidates would have to stand for election as MP on a national basis, and hope that a massive national vote would win them a seat. But this is clearly unequal, and unfavourable for individual candidates, compared with party list appointees who would be allocated by party headquarters on the basis of each party’s proportional total vote. 

Under these circumstances, it would be simpler for Judge Madlanga’s ruling to be implemented if the government opts for a 100% constituency-based system, to allow for independent candidates for each seat. 

This would then create a problem for smaller parties that have proportional representation at the moment but cannot win a single seat through constituencies. It is time for political parties and different individuals to put forward their own proposals, so that a proper national discussion can take place across the country. 

There was no adequate discussion of the proposed electoral system of proportional representation when the nation was being prepared for the general democratic general election in April 1994. The further extension of electoral democracy required by the Constitutional Court now requires a massive opening up of information, discussion and debate. Precious time is being wasted. 

Let the debate begin! DM