Safeguard integrity of electoral process ahead of elections

A MEETING was held in Cape Town on August 18, the Casac Advisory Council focused on the forthcoming national and provincial elections and recognised that there are several significant issues that require urgent attention, including:

1. The next election is likely to be the most keenly contested since 1994. The integrity of the electoral process is of fundamental importance to the health, legitimacy and sustainability of South Africa’s democracy. The country’s electoral system, including the role of the Independent Electoral Commission will be put under significantly greater pressure than before.

2. The climate is sensitive and potentially violent: Casac notes with grave concern the rise in political assassinations in KZN in particular. Casac calls on the minister for police and the commissioner to report urgently on what steps are being taken to respond proactively to threats posed to individuals, so as to protect their right to political freedom under section 19 of the Constitution.

3. Therefore, the strength and independence of the Electoral Commission is of pivotal importance. The IEC commissioners must be people of integrity and independence.

4. The current process of appointment needs to be scrutinised carefully and Parliament must ensure that the track record and credentials of every single candidate is properly interrogated and assessed before recommendations are made and appointments are confirmed.

5. In turn, the independence of the commissioners depends at least in part on the terms and conditions of appointment – it is clear that there is unacceptable uncertainty about the terms and conditions of appointment of current (and former) commissioners, and this must be clarified as a matter of urgency.

Commissioners should be protected against any undue pressure or intimidation.

6. Casac calls on the Presidency to publish existing memoranda that relate to the terms and conditions of appointment of IEC commissioners and invites assurance that future appointments will be made transparently.

7. It is clear that events in other countries reveal that in the modern era, domestic electoral systems are vulnerable to external interference and that South Africa should safeguard itself from such interference, especially in terms of the IEC’s cyber and IT capabilities. Casac requests that the IEC report to Parliament on what measures have and are being taken to address such concerns.

8. Transparency relating to political party funding is a vital part of a healthy electoral process.

As the Constitutional Court has now confirmed, the electorate has the right to cast an informed vote, with sufficient information about the identity of private donors of political parties and the extent of their funding.

9. In this regard, Casac has written to the president asking him when he intends to sign into law the Party Funding Bill, which will create a long overdue regulatory regime for party funding. Regardless of when the bill comes into effect, Casac calls on political parties to voluntarily disclose their donors.

10. In addition, Casac notes with concern the financial crisis at the SABC: an impartial public broadcaster is an essential part of any free and fair electoral process. 11. Casac will continue to monitor these and all other issues relating to the constitutional integrity of the electoral process and calls for all citizens, civil society organisations and the media to join together to be vigilant in monitoring the electoral process and to ensure there is complacency about the threats that may be present or looming on the horizon.

We need to guard against complacency. The integrity of the electoral process is fundamental to the legitimacy of the constitutional order and it is clear that there are some clear and present dangers that must be urgently addressed. Most urgent is the appointment of new IEC commissioners, who will be charged with ensuring free, fair and credible elections.