LOCAL GOVERNMENT ELECTIONS

1
LOCAL GOVERNMENT ELECTIONS
2
Applicable legislation

• Constitution of the Republic of South Africa
• Electoral Commission Act (Act 51 of 1996)
• Municipal Electoral Act (Act 27 of 2000)
• Municipal Structures Act (Act 117 of 1998)
• Electoral Act (Act 73 of 1998)
• Regulations

3
Constitution of RSA

• Chapter 1 Founding Values
• Chapter 2 Bill of Rights
• Chapter 9 State Institutions Supporting
  Constitutional Democracy (s 181 and s 190)
• Chapter 7 (Local Government)
• - s 157 Composition and Elections
• s 158 Membership
• s 159 Term of Municipal Councils.

4
Electoral Systems

• FIRST PAST THE POST (Winner takes all)
• - The candidate with the most votes, wins
• - In a specific geographic area called a ward or
  constituency
• - Names of candidates on ballot paper
• - Promotes accountability

5
Electoral Systems (cont)

• PROPORTIONAL REPRESENTATION (PR)
• - Party List system
• - Party submits list with names of its candidates
• - Names appear in order of preference
• - Only names of parties appear on PR ballot
  papers
• - Promotes representivity

6
Electoral System for LG

• Section 157(3) of the Constitution
• An electoral system must result, in general, in
  proportional representation.

7
Electoral system

• Section 157 (1)
• A Municipal Council consists of
• a) Members elected as per section 157(2) or
• b) Members appointed by other Municipal Councils
  to represent these Councils or
• b) Elected members combined with members
  appointed by other Councils to represent these
  Councils.

8
Electoral System for LG

• Section 157 (2)
• Members of Councils elected either
• a) On a PR system based on the municipal segment
  of the voters roll OR
• b) On a PR system combined with a system of ward
  representation based on municipal segment of the
  voters roll. ( hybrid system)

9
Electoral Systems LG

• Municipal Structures Act (MSA) sets out which
  option will be applied
• Section 22 Metro Councils and Local Councils
  consists of
• - Councillors elected on a hybrid system of PR
  and Ward representation.
• 50/50 split of PR and Ward seats
• - In the case where the Local Council does not
  have Wards, only PR system will apply.

10
Electoral Systems LG

• Section 23 of MSA
• District Councils consists of
• - 40 elected directly on PR system.
• - 60
• -appointed from the LCs to represent the LCs on
  the DC
• -elected on PR system for District
  Management Area (DMA).

11
Electoral Systems

• National Assembly PR SYSTEM
• Provincial Legislatures PR SYSTEM
• Municipal WARD PR SYSTEM

12
Municipalities

• Category A Metros ( 6)
• Category B Local Councils (231)
• 223 8
• Category C District Councils (47)
• DMAs 19
• NB Units subject to change pending finalisation
  of MDB
• process

13
Ballot papers for municipalities

• Metro 2 Ballots (Ward PR)
• Local Council with wards 3 Ballots
• (Ward PR LC DC PR)
• Local Council without wards 2 Ballots
• ( PR LC PR DC)
• DMA -2 Ballots (PR DC PR DMA)

14

• THE END OF SESSION

15
Voting

• ONLY VOTE ON ELECTION DAY AT THE VOTING STATION
  IN THE VOTING DISTRICT IN WHICH REGISTERED
• No special votes

16
MEC 7 Process

• Available to
• A person whose name does not appear on the Voters
  roll for that voting district
• That person claims to have applied for
  registration in that voting district
• Person must have applied ON or BEFORE the date
  the Voters Roll closed for that election
• Person must apply on the prescribed form (MEC 7)

17
MEC 7 (cont)

• Person must submit proof of application for
  registration (i.e. only the application for
  registration receipt in the ID).
• The application for registration receipt must
• - indicate VD number for that VD
• - the date which cannot be any date after the
  date of closure of the VR .

18
MEC 7 (cont)

• Is not available to
• A person that applied for registration in a
  different VD
• A person who appears on the Rejected LIST of the
  VR
• A person who has not applied for registration at
  all.

19
Objections Regarding Voting

• Objection to a voter being allowed to vote or to
  vote at the voting station concerned.
• Who An Agent or Ward candidate.
• When Any time before the voter is issued with a
  ballot paper.
• To In writing on the prescribed form to the
  Presiding Officer.

20
Objections Regarding Voting

• Objection to voter a being refused a ballot
  paper.
• Who The voter concerned, an Agent or Ward
  candidate.
• When At the voting station.
• To In writing on the prescribed form to the
  Presiding Officer.

21
Objections Regarding Voting

• Objection to the conduct of an officer, an agent
  or any other person present at the voting
  station.
• Who A voter, an Agent or Ward candidate.
• When At the voting station.
• To In writing on the prescribed form to the
  Presiding Officer.

22
Objections Regarding Voting

• Presiding Officer must investigate and decide the
  objection
• Presiding Officer must verbally inform the
  objector and other parties involved
• Presiding Officer must keep a written record of
  each objection and decision.

23
Objections Regarding Verification

• Objection to any alleged irregularity or
  inaccuracy in the verification procedure. This
  objection only applies if counting takes place at
  a venue other than at the voting station.
• Who An Agent or Ward candidate.
• When At the counting station before counting
  has commenced.
• To In writing on the prescribed form to the
  Presiding Officer

24
Objections Regarding Sorting and Counting

• Objection to any alleged irregularity in the
  sorting of ballot papers or inaccuracy in the
  counting of votes.
• Who An Agent or Ward candidate.
• When At the counting station before the Results
  Slip has been completed.
• To In writing on the prescribed form to the
  Presiding (Counting) Officer.

25
Objections Regarding Sorting and Counting

• Presiding Officer must investigate and decide the
  objection, including whether to order a recount.
• Presiding Officer must verbally inform the
  objector and other parties involved.
• Presiding Officer must keep a written record of
  each objection and decision.

26
Objections Material to the Results

• Objection concerning any aspect of the election
  that is material to the declared result.
• Who Any interested party.
• When Served (i.e. post, telegram, fax, e-mail
  or by hand) on the Commission at its office in
  Pretoria before 17h00 on the second day after
  voting day.
• To Notice in writing to the Commission
  containing the information as per Section 65 of
  the Municipal Electoral Act.

27
Objections Material to the Results

• Proof of service of copies of the notice and
  annexures on other parties involved in the
  objection.
• Commission will investigate and decide the
  objection.
• The objector and all involved parties will be
  informed of the decision.
• Appeal within 3 days of Commission decision to
  the Electoral Court.

28
Party Agents

• A registered party contesting the elections may
  appoint 2 agents per voting station and an
  independent 1 agent per station.
• If counting takes place at a venue other than the
  voting station, a party may appoint 4 agents and
  an independent 2 agents per venue.
• An agent must be a South African citizen and may
  not be a party or ward candidate in the election.

29
Party Agents (cont)

• A party or independent candidate must issue the
  agent with written proof of appointment and give
  notice to the presiding officer or counting
  officer.
• A party or independent candidate may revoke the
  appointment by serving a revocation of
  appointment and give notice to the Presiding
  Officer and Counting officer.

30
Party Agents (cont)

• Party agents are allowed to observe proceedings
  concerning voting, counting and determination and
  declaration of results.
• May not interfere with the proceedings.
• May lodge objections or bring irregularities to
  the attention of the Presiding Officer.

31
Party Agents (cont)

• The absence of agents does not invalidate
  proceedings.
• Agents and candidates must comply with orders
  given by the Presiding Officer.

32
Election Day Activity

• On Voting Day NO political event such as
  marches, public meetings, rallies and
  demonstrations ANYWHERE
• On Voting Day within the boundary of the Voting
  Station no political activity whatsoever,
  except casting a vote.
• A Voter can wear any apparel but cannot canvass
  or influence any other voter while inside the
  boundary of the voting station.

33
Election Day Activity (cont)

• Within the voting station boundary, no
  distribution of any posters or pamphlets,
  stickers, cards.
• Within boundaries of voting station, Party agents
  and all Candidates cannot
• - wear, carry or display any visible party
  political apparel, or display or distribute any
  poster, pamphlet, etc
• - Attempt to influence or influence or persuade a
  person to vote or not to vote for a particular
  party or candidate, or not to vote.

34
Election Day Activity (cont)

• Tables and tents (inc Music) outside the
  boundaries of voting station Must not lead to
  intimidation or harassment of voters

35
Code of Conduct

• Code of Conduct (s87) Every registered party
  and candidate bound.
• Item 2 Promote and publicise.
• Item 3 Compliance with the Code and Electoral
  laws
• Item 4 Public commitment

36
Code of Conduct (Cont)

• Item 5 Duty to co-operate
• Item 6 Role of Women
• Item 7 Recognise and co-operate with the
  Commission.
• Item 8 Role of Media
• Item 9 Prohibited Conduct ito the Code

37
Prohibited Conduct

• Contravention of the Code of Conduct
  (Fine/Imprisonment of 10 years)
• Using undue influence to persuade a person to
  vote or not to vote for a particular party or
  candidate (Fine/Imprisonment of 5 years)
• Interference with independence of the Commission
  (Fine/Imprisonment of 10 years)
• Promising to advantage a person in return for a
  favour (Fine/ Imprisonment of 10 years)

38
Prohibited Conduct (cont)

• Preventing persons from gaining reasonable access
  to voters (Fine/Imprisonment of 5 years)
• Unlawfully prevent holding of political meetings,
  marches or demonstrations (Fine/Imprisonment of 5
  years)
• Impersonation of candidate, officer or employee
  of Commission, Observer or voter education
  provider (Fine/Imprisonment of 5 years)

39
Prohibited Conduct (cont)

• Intentional false statements (Fine/Imprisonment
  of 5 years)
• Publishing of false information
  (Fine/Imprisonment of 10 years)
• Infringement of secrecy (Fine/Imprisonment of 10
  years)

40
Prohibited Conduct (cont)

• Printing, manufacturing, removing, damaging,
  destroying voting or election material
  (Fine/Imprisonment of 10 years)
• Removal of placards, billboard, posters
  (Fine/Imprisonment of 5 years)

41
Prohibited Conduct (cont)

• Obstruction or non-compliance with directions of
  Commission, CEO or other officer
  (Fine/Imprisonment of 10 years)
• Organising political marches, meetings,
  demonstrations or other political events on
  voting day (Fine/Imprisonment of 5 years)
• Publication of exit polls (Fine/Imprisonment of 5
  years

42
Electoral Court Sanctions

• The Electoral Court established ito the Electoral
  Commission Act and has status of a High Court. It
  may impose any appropriate penalty or sanction,
  including the following
• A formal warning
• A fine not exceeding R200,000
• The forfeiture of any deposit

43
Sanctions (cont)

• An order prohibiting a person or party to use the
  public media, hold public meetings or marches,
  entering a voting district to canvass voters,
  erecting or publishing placards, billboards or
  posters, publish or distribute any campaign
  literature, use electoral advertising or receive
  any funds from the State or foreign sources

44
Sanctions (cont)

• Excluding a person or party agent or candidate to
  enter a voting station
• An order reducing the number of votes cast in
  favour of that person or party
• Disqualifying a candidate from participating
• An order canceling the registration of a party.

45

• Thank You
• Michael Hendrickse