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SOUTHERN PROJECT

SOUTH AFRICA:

TIlE COUNTDOWN TO ELECTIONS

Lawyers' Committee for Civil Rights Under Law 1450 G Street, N.W., Suite 400 • Washington, D.C. 20005 • (202) 662-8342

Issue 5: I anuary 28, 1994 ANC ANNOUNCES NATIONAL LIST FOR

On January 24th, the African National Congress made public its National Election List for the National Assembly. As reported in the previous issue of Countdown, names will be drawn from the list below to fill seats in the legislature in the order that they appear on the list. Prominent people not appearing on the list such as ANC Deputy Secretary General have chosen to serve at the provincial level. [See Issue 4]. Profiles of nominees and lists submitted by other parties will appear in subsequent issues of Countdown.

I. Nelson R Mandela 40. Mavivi Manzini 79 . Elijah Barayi 2. Cyril M Ramaphosa 41. Philip Dexter 80. Iannie Momberg 3. 42. Prince lames Mahlangu 81. Prince M. Zulu 4. Ioe Siovo 43. Smangaliso Mkhatshwa 82. Elias Motswaledi 5. Pallo Iordan 44. Alfred Nzo 83. Dorothy Nyembe 6. lay Naidoo 45. 84. 7. 46. Gregory Rockman 85. Mbulelo Goniwe 8. 47. 86. Melanie Verwoerd 9. 48. Ian van Eck 87. Sankie Nkondo 10. 49. 88. Pregs Govender II. Thozamile Botha 50. Shepherd Mdladlana 89 . Lydia Kompe 12. 51. Nkosazana Zuma 90. Ivy Gcina 13. 52. Nosiviwe Maphisa 91. Ela Ghandi 14. IeffRadebe 53. R. van den Heever 92. Ioyce Mashamba 15. 54. 93. Phurnzile Ngcuka 16. 55. Ioe Nhlanhla 94. Ellen Khuzwayo 17. 56. Marcel Golding 95. Hilda Ndude 18. Moses Mayekiso 57. 96 . Zou Kola 19. Chris Dlamini 58. 97. 20. 59. Saki Macozoma 98. Feroza Adams 21. 60. 99. James Stuart 22. Gertrude Shope 61. Geraldine Fraser l00.Mnyarnzeli Booi 23. 62. Jenny Schreiner I01.Kgaogelo Lekgoro 24. Ioe Modise 63 . Reginald September I02. 25. Rev Arnold Stotile 64. I03.Iohn Copelyn 26. Mohammed V. Moosa 65. Thomas Nkobi I04.Mangesi Zitha 27. Peter Mokaba 66. Bridgette Mabandla 105. 28. John Nkadimeng 67. Dave Dalling 106. Peter Hendrikse 29. 6S. Sister Bernard Ncube 107.1smail Richards 30. Raymond Suttner 69. Andrew Mlangeni 10S.Ntombi Shope 31. Winnie Mandela 70. E. Ismail Ebrahim 109.S. Moeti 32. 71. I IO.Duma Nkosi 33. Thenjiwe Mthintso 72. 1ll.Thoko Msane 34. Baleka Kgositsile 73. 1I2.Zam Titus 35. 74. Sibusiso Bhengu 113.N I Mahlangu 36. 75. Rapulane Molekane 114.Iennifer Ferguson 37. Aziz Pahad 76. Kgabisi Mosunkuntu 115.M J Mahlangu 38. Penuell Maduna 77. Nozizwe Madlala 116.Samuel Mxumalo 39. 78. Nelson Ramodike 117.Bongi Njobe 2

11S.J N Reddy 147.Jackie Selebi l74.Ram Saloojee 119. 14S.Stan Sangweni 175.Jackie Cock 120.Manto Tshabalala 149.Henry Fazzie 176.Nomatyala Hangana 121. 150.John Samuels 177 .Sue van der Merwe 122.S Rapinga 151.Oon Gumede 17S. 123.P T Shilubane 152.Mike Sutcliffe 179.N Bam 124.James Maseko 153.Prince Madikizela lSO.Gertrude Fester 125.Llewellyn Landers 154. lSl.Beatie Hofmeyer 126.Girlie Pikoli 155. lS2.Thandi Shabangu 127.Brian Bunting 156.Essop Jassat lS3.Thandi Zulu 12S.Diliza Mji 157.Hassan Solomans lS4.Kamy Chetty 129.Miriam Makeba 15S.Makhosazana Njobe lS5.Desiree Finca 130. 159.Ismail Meer lS6.S Ba10yi 131.Cas Sa100jee 160.Samson Ndou 187. Elizabeth Langa 132.Wally Serote 161.Christmas Tinto 188.Farieda Mohamed 133 .Mendi Msimang 162.Lulu Xingwana 189.ProfC T D Marivate 134.Max Coleman 163. 190.Nomsa S.Mtsweni 135. 164. 191.Vusi K. Mavimbela 136.Curnick Ndlovu 165.Tutor Ndamase 192.D S Rajah 137.Willie Hofmeyer 166.Colin Coleman 193.Ooris Ngobeni 138.Josiah Jele 167.Fatima Hajaij 194.Rob Haswell 139.Mzwayi Piliso 168.Liz Abrahams 195.Jerry Ndou 140.Moss Chikane 169.Batabile Dlamini 196.Dennis Nkosi 141.Aaron Motswaledi 170.Virginia Engel 197.Lillian Baqwa 142.Alister Sparks 171.Danny Olifant 198.George Sewpersadh 143.Mkhuseli Jack 172.Bheki Mkhize 199.Lindelwa Mabandla 144.Firoz Cachalia 173.Moosa Moola 200.Maite Mohale 145.Salie Manie 146.Mewa Ramgobin

NP CRITICAL OF ANC LIST over the three-day period from April 27th - 29th. The first day" April 27th will be reserved for "special The National Party in a move apparently calculated to voting" by individuals who are unable to travel to appeal to the anti-communist sentiments of many polling sites. General voting will take place between members of its constituency has reportedly 7 am and 9 pm on each of the following two days. condemned the inclusion by the ANC of members of the South African Communist Party ("SACP") on the PAC SUSPENDS ARMED STRUGGLE ANC National List of candidates for the National Assembly. On January 16th, the Pan Africanist Congress of Azania announced that it was suspending its "armed SACP members appearing on the list include Joe struggle" which in recent months has involved fatal Slovo, Ronnie Kasrils, Essop Pahad, Christopher attacks on mainly white civilians. Dlamini, Raymond Suttner and Thenjiwe Mthintso. The SACP has historically had a close relationship In explaining this recent reversal of its position, PAC with the ANC. president Clarence Makwetu said that he did not want to place members of his military wing APLA in an However, the ANC in defending its list of candidates adversarial position vis a vis their former allies in the claims that "the list is one of people who have a track liberation struggle ("MK"). record of struggle against ... and when the MK solders are already in the process of being NP regime detained, killed, maimed,imprisoned or integrated into a National Peacekeeping force forced our people into exile, they new no distinction ("NPF"). between Communists and non-Communists. " With this latest announcement, APLA is also now THREE-DA Y ELECTION IS PLANNED eligible to join the NPF. The PAC will also now be eligible to receive election support from abroad, such On Tuesday the Transitional Executive Council as campaign training. announced that the April election will be conducted 3

FOCUS ON THE INDEPENDENT Each of the Electoral Tribunals will consist of one ELECTORAL COMMISSION attorney, advocate, magistrate, or academic lawyer with no less than 5 years experience, and will be The Independent Electoral Commission ("IEC") this appointed by the IEC. The Electoral Tribunals will adjudicate alleged violations of the Electoral Code of month began ironing out the details associated with Conduct for Political Parties and alleged "electoral the April 27th elections. irregularities. " The IEC will be chiefly responsible for administering Each of the Electoral Appeal Tribunals will consist of and monitoring the election and certifying whether 3 members including at least one Supreme Court the election is free and fair. The Commission will be judge, at least one attorney, advocate, magistrate or supported in carrying out these duties by highly skilled personnel drawn from a broad cross-section of academic lawyer with no less than 5 years experience. the South African professional population. The Electoral Appeal Tribunals will hear appeals of decisions of the Electoral Tribunals. Sanctions may The IEC is empowered to promulgate and enforce be imposed by either the Electoral Tribunals or the regulations, including codes of conduct for election Electoral Appeal Tribunals. observers and regulations pertaining to political The Special Electoral Court will include a judge of advertising. the Appellate Division (The equivalent of the Among the IEC's subordinate structures are an Supreme Court in the U.S.) two Supreme Court Election Administration Directorate, an Election judges, one attorney, advocate, magistrate or Monitoring Directorate and an Election Adjudication academic lawyer with no less than 5 years experience, Secretariat. A hierarchy of three judicial structures and another person. The Special Electoral Court will will resolve any disputes which arise out of the be appointed by the Transitional Executive Council elections process, including Electoral Tribunals, ("TEC") and will have the power to review decisions Electoral Appeal Tribunals and the Special Electoral of the IEC and review decisions and hear appeals of Court. decisions of the Electoral Appeal Tribunals. It will also have the ,power to remove members from the The Election Administration Directorate ("EAD") IEC. It will also hear certain cases involving will be responsible for administering the election. disputes between the TEC and the government over The EAD will have considerable discretion to decisions taken by either of the two entities. promulgate regulations with respect to how the election is administered. The EAD will operate Report on lEe Progress under the direction of a Chief Director appointed by the IEC. So far the IEC has expressed its intention to take a tough stance against attempts to disrupt the voting The Election Monitoring Directorate ("EMD") will process and claims that it would invalidate all votes be responsible for registering "election observers" at disrupted polling sites. The IEC has also chosen and regulating their activity. It will also be required an official emblem which includes a ballot box and "to facilitate the role of international observers." A voter's slip with IEC lettering on one side and a map team of election "monitors" will serve at the direction of on the other and featuring the phrase of the IEC and will report to the Chief Director for "Your vote is your secret." Monitoring on any irregularities observed in the context of political meetings, canvassing, advertising and campaigning. The EMD will also be charged with investigating alleged violations of the Electoral Code of Conduct for Political Parties and mediating disputes between political parties.

The Election Adjudication Secretariat will be responsible for coordinating the functions of the Electoral Tribunals, the Electoral Appeal Tribunals and the Special Electoral Court. 4 INDEPENDENT ELECTORAL COMMISSION

Special Electoral Court

IEC Monitors Domestic Observers International Observers

Electoral Appeals Tribunal

South Africa: Countdown to Elections is a Bi-Weekly Publication of the Lawyers' Committee for Civil Rights Under Law. Electoral Tribunals

Southern Africa Project First Class Lawyers' Committee U.S. Postage 1450 G St., NW, Suite 400 Paid Washington, DC 20005 Washington, DC Permit No. 8113