South Africa: Constitutional Assembly Resources

6 March 1995

I hereby submit my personal recommendations for your committee's
consideration in respect to the new constitution now being
formulated for South Africa. My recommendations are as follows:

ELECTORAL SYSTEM AND REQUIREMENTS

1. The country be divided into fairly large constituencies within each province so that a single constituency will have approximately 0 to 15 members of parliament. Within each of these constituencies voting is exercised on the basis of political parties with listed candidates as well as individuals who do not have a political-party affiliation.

The reason I make this suggestion is that I would like it to be possible for popular individuals without party political affiliation to be elected to office. I also think that every member of public office should be answerable to hie/her constituency and be the local representative of the people who reside in a defined geographic area. Such action would encourage private citizens to consult their regionally elected representatives to assist them in dealing with national issues that also have a local component.

2. In respect to the factors that disqualify a person from seeking election and holding public office, I would like to suggest that the conviction of any crime portraying dishonesty or significantly offensive behaviour during the preceding 5 years should be a disqualification. In addition, conviction of such a crime during a term of office should lead to immediate suspension. However, in exceptional circumstances presidential condonation may be permitted when there has bean obvious public repentance and rehabilitation.

Professor R O C Kaschula