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In response to press enquiries relating to the processing of the Electoral Law Extension Bill I must state that I do not wish to be drawn into any controversy and that I do not deserve the criticism levelled at me or to my Department by some so-called analysts.

Therefore, when SAPA reported that several political parties in the Provincial Legislature of KwaZulu-Natal had indicated their intention to resort to an early provincial election, I instructed my Department to prepare the legislation required for an election to be held. In fact, at present there is no obligations in terms of which an election can be held for either a Provincial Legislature or the National Assembly. Nonetheless, a provincial legislature or the National Assembly have the absolute constitution prerogative of dissolving themselves in which case a Premier of the President, as the case may be, must call an election within the deadline set out in the Constitution and an held must held. Therefore, both Government and Parliament have the obligation to provide for the required legislation should such an occurrence materialise.

Mindful of the foregoing, when the possibility of such an occurrence arose in respect of KwaZulu-Natal, my Department formulated a short amendment to the Electoral Act, 1993 to extend its application to any early Provincial election, which may take place in term of office of the National Assembly elected in 1999. Effectively, this amendment would apply only to an early provincial election before the 2004 elections.

SAPA reported the possibility of an early Provincial election in KwaZulu-Natal shortly before the last scheduled meeting of Cabinet of December 4. Therefore, according to Cabinet procedure dealing with urgent matters, I wrote to the President attaching a Cabinet Memorandum containing the draft Electoral Law Extension Bill seeking his approval to submit such Cabinet Memorandum directly to Cabinet without submitting it first to the Cabinet Committee. The Memorandum was aimed not at directly tabling such Bill in Parliament, but merely to authorise me, as the Minister of Home Affairs, to table such Bill in Parliament if and when an early provincial election is, in fact, called.

However, in expressing my congratulatory message on this memorable occasion, I cannot be oblivious to the fact that this hospital carries the name of Inkosi Albert Lutuli, and that therefore it is indeed also a monument to his memory. I feel compelled on an occasion like this to say a few words to pay tribute to Inkosi Albert Lutuli, which may provide a better understanding of the relevance I ascribe to the fact that this hospital was named after him. In fact, Inkosi Albert Lutuli was one of the greatest leaders of the 20th century whose legacy must be better understood, especially by young people. He was a champion of non-violence, self-help, self-reliance and human dignity. He forged the African National Congress within these values, which were then unfortunately abandoned when the armed struggle was chosen as a better option for the liberation struggle.

On December 3 the president indicated to me that he would decline giving his consent to the tabling of such Cabinet Memorandum because a provincial election has not in fact been called and a Government cannot operate in reaction to press reports and political statements and speculations.

I do not wish to make any further statement on this matter, which should not become politically contentious. I have made this statement as the competent Minister dealing with the line function responsible to provide electoral legislation, because it is incumbent upon me to place on record that I have not failed to comply with the constitutional obligation of enabling an election to be held and that it is not true that the President out rightly rejected the Bill, when in fact, he merely indicated that there was not sufficient basis for it to be dealt with at that time. Therefore, it is unfair and unwarranted to criticise the President or me in that respect.

Source: Department of Home Affairs (http://home-affairs.pwv.gov.za)