Reforming the Electoral System: Towards a balanced distribution of power and equitable representation . Presentation by Prof. K. Ninisin

1. INSTITUTE FOR DEMOCRACTIC GOVERNANCE
(IDEG)
INTERNAL SEMINAR
“REFORMING THE ELECTORAL SYSTEM:
TOWARD A BALANCED DISTRIBUTION OF
POWER AND EQUITABLE REPRESENTATION”
PRESENTATION BY
PROF. K. NINSIN
JULY 2010

2. Introduction
• The 1992 Constitution and the
‘Winner Takes All’ (WTA) electoral
system as the basis for legislative
(Article 50.1.a) and executive (Article
63.3) power.

3. Working the Constitution: The
Outcomes
• The WTA is exclusionary
• Undemocratic
• Denies the majority who did not vote for the
winning party equitable representation in
parliament and inter-election participation
• Small parties that command reasonable
electoral support the opportunity to represent
those who did not vote for the winning party

4. Proportion of parliamentary seats won by
NPP and NDC against other parties and
independent candidates (Fig 1 and 2)

6. Proportion of votes won by winning
parliamentary candidate vrs other candidates

13. Working the Constitution: The Outcomes cont’d

14. Working the Constitution: The Outcomes
cont’d
• Polarizes the nation into virtual two
party dominant system with
implications for perpetual inter-party
conflict

15. National Election Results: NDC and NPP
(1992-2008)

17. Alternative Electoral System
• Proportional Representation (PR) has the
potential to enhance democratic participation
by all
• Give all and sundry a stake in the governance
of the country
• Minimize inter-party conflict and ensure
political stability

18. Alternative Electoral System cont’d
• Mixed Member PR (MMPR) system equals
combination of the WTA and National Compensatory
Seats (NCS)
Details
• Constituency seats = 230
• National compensatory seats = 115 (or 50% of total
constituency seats)
Distribution of NCS
• Qualification for NCS: All Political Parties (PP) that win
40% or more of popular votes are not entitled to the
NCS.
• All other political parties that win a stipulated
minimum percentage of national votes cast will share

19. Alternative Electoral System cont’d
Gender representation in Parliament:
• compliment the MMPR with a virtual list PR
by which all political parties would nominate
one male, one female for every constituency
they contest
• Each PP will assign 40% of constituency seats
it wins in an election to the women on its
constituency list

20. Alternative Electoral System cont’d
Presidential elections
• Assumptions under the WTA system
• Risks under the 50% + 1 formula
i. Previous contests where successful
candidates won with majority votes in 6
regions

26. ii. The 2008 e.g.

28. iii. Voters (1992-2008)

29. Alternative Electoral System cont’d
Proposals:
quasi-electoral college system of presidential
election.
Formula:
50% + 1 of the valid votes cast in not less than
6 regions plus 50% + 1 of the national votes
cast.

30. Alternative Electoral System cont’d
Decoupling of presidential and parliamentary
elections
• New dates
Mid June for parliamentary elections
Mid September for presidential elections
Justification:
The election of MPs would be independent of the
election of their presidential candidates.
Encourage peaceful and orderly transfer of power;
and more time for in-coming president to assume
office

31. Alternative Electoral System cont’d
Rebalancing Executive and Legislative power
Articles 78 (1), 79 (1), 70 and 71 vests excessive
power in the president to the disadvantage of
parliament.
Proposal:
1. Amend Articles 78 (1) and 79 (1) to separate
the personnel of the executive arm of
government from the personnel of parliament

32. 2. Amend Articles 70 and 71 to vest the power
of appointment in parliament acting on the
advice of a constitutionally mandated Public
Service Authority; and power to determine
salaries also in parliament acting on the advice
of the Public Service Authority (re-vests power
to authorize all public expenditures in
parliament)
3. All public bodies whose key officers are
appointed by the proposed PSA should submit
annual reports to parliament

33. Justification
1.Transferring powers of appointment from the
president to parliament and giving parliament
spending and oversight powers over the public
bodies would encourage the growth of
parliament into an autonomous body able to
restrain the president, and ensure
improvements in the governance of the
country.

34. Reforming the electoral system:
 The current situation makes electoral
reforms difficult as they are tied to
constitutional reforms.
 It is proposed that the constitution should
provide the basic principles to govern
elections in the country and empower the
electoral commission to formulate
appropriate electoral rules

35. THANK YOU