Party lists to parliament can only be amended after a year
By Malibongwe Dayimani - 07 June 2024 - 06:01
MK Party leader Jacob Zuma during his party’s case in the Johannesburg High Court on Jabulani Khumalo's removal. Khumalo wants his expulsion declared invalid and unlawful.
Image: Lubabalo Lesolle
The MK Party will have to stick with its expelled former leader Jabulani Khumalo for a least a year before he can be removed as member of parliament (MP).
Xolile George, secretary of parliament, said according to their rules, the final party list submitted to parliament by the IEC does not get amended for a year after the first sitting of parliament post elections.
George was talking on the sidelines of the handing over of the list of individuals elected by their political parties to represent them in parliament as MPs.
On Thursday, IEC chief electoral officer Sy Mamabolo handed over the list to Chief Justice Raymond Zondo in a ceremony held at the Constitutional Court in Braamfontein.
The ceremony was preceded with sentiments from MK Party members that Khumalo should have been removed from the list the party submitted to the IEC prior to Khumalo's expulsion. The party failed to meet the March 8 deadline to amend their list of 58 MPs which include Khumalo.
George said party will have to wait for a year before it can make changes and elect their preferred representatives in parliament. Khumalo, who was expelled from the party in April alongside four other members, is number one on the list.
“At this stage every process is driven by rules, procedures and guidelines as determined by IEC. The IEC hands over a list that had been declared elected. That is a crucial point. The list they put up on the leader board on June 2 when the vote results were declared, that is the 400 people we have been officially given," explained George.
Asked if a party can withdraw names from the list, George said: “In terms of the process, a year takes place before you could make any amendments to the list except in instances where a member on the list passes away between now and being sworn in."
He said the list can also be amended when a person elected “decides not to take the seat”.
In this case, George said he would be advised by a political party that its member indicated not to take the seat.George confirmed that the expulsion of Khumalo alone is not enough, adding that he [Khumalo] would have to be the one electing not to take the seat.
“If a party has 54 people in parliament and number 13 resigns, then 14 becomes number 13 and the person who was 55 becomes 54. The ceiling is 54. It won’t change but the replacement must have been on the list that appeared in the IEC leaderboard,” said George.
Mamabolo said the MK Party and all other parties had an opportunity to amend their lists.
“There was never an opportunity to retract the names the parties submitted to us because the 8th of March was the deadline for submission and once it passed there was no opportunity to come back and retract names. Parties ought to have done their own internal processes,” said Mamabolo.
“On our part, once you have passed the deadline of the 8th of March, it is done. The list which was submitted to the IEC is the basis on which those elected have been designated, so beyond this point it is now in the hands of the secretary of parliament."
Zondo will determinethe date of the first sitting of parliament.
Khumalo registered the party with the Electoral Commission of South Africa in September only to be booted out in April after intense internal party squabbles with now leader of the party, Jacob Zuma.
IEC chair Mosotho Moepya said there were 174 women (43.5%) and 226 men (56.5%) on the list. They are aged between 20 and 79.
Here’s the breakdown per age group:
There are 12 people aged between 20 to 29;
67 are aged between 30 and 39;
110 are aged between 40 and 49;
Another 110 are aged between 50 and 59;
90 are aged between 60 and 69; and
11 are aged 70 and above.
“Chief Justice, our role as the Electoral Commission, as contemplated in the Constitution, is to ensure that South African voters exercise their rights to choose their leaders.
“We have carried out the responsibilities without fear, favour and prejudice. The lists that we present to you reflect the choices of South Africans,” said Moepya.
“These representatives reflect the choices, hopesand aspirations of millions of citizens who exercised their democratic rights.”
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