ELECTION UPDATE SOUTH AFRICA Feb - July 2009 ELECTION UPDATE SOUTH AFRICA February - July 2009

EISA ELECTION UPDATE SOUTH AFRICA Feb - July 2009 ELECTION UPDATE SOUTH AFRICA February - July 2009

––––––––––––– ❑ ––––––––––––– Published with the assistance of DANIDA and DFID



––––– EISA –––––    

Order from: [email protected] EISA Election update south africa 2009 no 1

ELECTION UPDATE SOUTH AFRICA February - July 2009

i EISA Election update south africa 2009 no 1

Published by EISA 14 Park Road, Richmond Johannesburg South Africa

P O Box 740 Auckland Park 2006 South Africa Tel: +27 011 381 6000 Fax: +27 011 482 6163 e-mail: [email protected] www.eisa.org.za

ISBN: 978-1-920446-29-1

© EISA

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of EISA.

First published 2010

EISA acknowledges the contributions made by the EISA staff, the regional researchers who pro- vided the invaluable material used to compile the Updates, the South African newspapers and the Update readers for their support and interest.

Printing: Global Print, Johannesburg

ii EISA Election update south africa 2009 no 1

contents

Editorial Khabele Matlosa 1

A Historical Overview of the South African Democratic Transition since 1994: Progress, problems and prospects for the 2009 elections Rok Ajulu 3 The Political Environment of Election 2009: Democracy and contestation Susan Booysen 8 South Africa: The State of democracy and its implications for 2009 Elections Rok Ajulu 13 The Workings of the South African Electoral System: Is the playing field level? Dirk Kotzé 16 The ANC and Cope: Fleeting phenomenon or substantive opposition? Susan Booysen 21 Party political contestation and configuration and configuration of power: Likely scenarios of the election outcomes Dirk Kotzé 27 South Africa Elections 2009: political party manifestos on electoral reform Victor Shale 32 Gender in the 2009 South African Elections Gender Links 35 Local Government, the2009 elections and party manifestos Maureen Maloi and Ebrahim Fakir 42

No. 1, 13 February 2009

Eastern Cape 45 Free State 47 Gauteng 49 KwaZulu-Natal 53 Limpopo 56 Mpumalanga 58 Northern Cape 62 Western Cape 64

No. 2, 27 February 2009

Eastern Cape 68 Free State 71 Gauteng 75 KwaZulu-Natal 80 Limpopo 85 Mpumalanga 88 Northern Cape 92 Western Cape 95 iii EISA Election update south africa 2009 no 1

No. 3, 14 March 2009

Eastern Cape 99 Free State 102 Gauteng 104 KwaZulu-Natal 108 Limpopo 111 Western Cape 113

No. 4, 14 APRIL 2009

Eastern Cape 116 Free State 118 Gauteng 120 KwaZulu-Natal 122 Limpopo 125 Western Cape 128

No. 5, 30 APRIL 2009

Eastern Cape 130 Free State 132 Gauteng 135

KwaZulu-Natal 140 North West 143 Western Cape 144

No. 6, 14 May 2009

Eastern Cape 148 Free State 151 Gauteng 155

KwaZulu-Natal 156 Limpopo 158 Western Cape 160

No. 7, 30 May 2009

Eastern Cape 163 Free State 165 Gauteng 167 iv EISA Election update south africa 2009 no 1

KwaZulu-Natal 168 Western Cape 173

No. 8, 13 June 2009

Eastern Cape 175 Free State 177 Gauteng 181

KwaZulu-Natal 184 Limpopo 187 Western Cape 189

No. 9, 27 June 2009

Free State 192 Gauteng 195

KwaZulu-Natal 199 Limpopo 205 North West 207 Western Cape 212

INDEX 215

v EISA Election update south africa 2009 no 1

vi EISA Election update south africa 2009 ELECTION UPDATE 2009

Editorial

Dr Khabele Matlosa – Director of Programmes, EISA

EISA initiated a project aimed • to contribute to voter education Since 1999, EISA has worked at producing a series of election efforts that are aimed at promot- closely with other key stake­holders updates covering the 2009 general ing an informed choice by the on elections. Firstly, EISA has elections in South Africa. These electorate; worked closely with the Independ- updates have now been gathered • to promote national dialogue ent Electoral Commission (IEC) into the present volume, South on elections and in the process on a number of aspects including African Election Update: February– inculcate a culture of political conflict management and voter July 2009. tolerance; and and civic education. This was the Through the Election Update • to influence policy debates and case in respect of the 2009 general project, EISA compiles and dis- electoral reform efforts through elections. Secondly, EISA has also seminates information on various published material. worked closely with civil society aspects of the elections throughout organisations on voter education all three phases of the electoral cycle EISA has been involved in the and election observation and moni- – namely, the pre-voting, voting and previous elections in South Africa, toring. In particular, EISA and the post-voting stages. The update pro- especially since 1999. Its main South African Council of Churches vides relevant information around involvement has revolved around Gauteng have co-ordinated the the electoral process and in that way promotion of public dialogue on the Gauteng Province on behalf of the promotes political dialogue among electoral processes; documentation South African Civil Society Election key actors, including civil society and dissemination of important Coalition (SACSEC) since 1999. organisations, political parties, the election-related information to Although EISA collaborated with election management body and facilitate an informed choice; and SACSEC in monitoring the elec- monitors and observers. publishing of relevant information tion, it also deployed a regional The overall goal of the Election with a view to influencing debates, observer mission to observe the Update project is to provide useful policy choices and electoral reform elections. Thirdly, EISA has worked information on elections regarding efforts. In fact, EISA participated closely with political parties with numerous issues emanating from fully during electoral reform efforts a view to enhancing their capacity the 2009 general elections in South by the Presidential Electoral Task to effectively engage in elections, Africa. The Update provides an Team, which was led by Professor especially through campaigns and in-depth insight into the election F. van Zyl Slabbert, and made public outreach. processes and gives an account of substantive contributions during South Africa has been holding the extent to which democracy in the various public dialogue events democratic elections on a regular South Africa has taken root after that followed between 2000 and basis since its historic political fifteen years of political transition 2003. By initiating this election transition of 1994, which ushered and nation-building. This project is update project, EISA continues in majority rule following decades an attempt to take stock of how what its tradition of engaging with of oppressive apartheid rule. The has happened over the last decade elections in South Africa to promote apartheid regime was dislodged of democracy in South Africa is their transparency, integrity and through a combination of factors going to be reflected and/or impact credibility. Only with a clean election culminating in a negotiated political on the 2009 elections. The specific will South Africa be able to further settlement that led to a government objectives of Election Update 2009 deepen and institutionalise its stable of national unity and subsequently include the following: constitutional democracy. the current government, which is

1 EISA Election update south africa 2009 dominated by the African National DA as the official opposition in par- • The political environment of Congress (ANC). Since its political liament was also of interest. Election 2009; transition, South Africa has held Although a total of 150 politi­ • South Africa: The state of democ- four democratic general elections cal parties registered with the racy and its implications for the (1994, 1999, 2004 and 2009). Local Independent Electoral Commission 2009 elections; government elections are held (IEC), fewer parties contested the • The workings of the South Afri- separately and thus far the country elections (especially at the national can electoral system; has held three such elections (1995, level). • The ANC and COPE: Fleeting 2000 and 2006). The next local In 2004, out of 75 registered phenomenon or substantive government elections are due in parties, only 37 contested the elec- opposition?; 2011. The 2009 general election was tion and even fewer contested at • Party political contestation and the fourth time that South Africans the national level. The IEC assured configuration of power: Likely were called upon to freely express the South African electorate that scenarios of the election out- their democratic right to choose it was ready for the April 22 poll. comes; their leaders who will run national Registration of voters is a continu- • South Africa Election 2009: affairs on their behalf for the next ous process, so voters registered at Political party manifestos on five years. IEC offices throughout the country. electoral reform; Given the political hegemony Over and above the continuous • Gender in the 2009 South African of the ANC, the political system voter registration process, the IEC elections; in South Africa has evolved into a also embarked upon a deliberately • Local government, the SA 2009 dominant party system in which targeted voter registration drive. In Elections and party manifestos. the ANC has emerged as the ruling preparation for the 2009 poll, the party under conditions of an en­ IEC undertook two targeted voter We are profoundly grateful to our feebled and fragmented opposition. registration exercises. research associates who undertook The official opposition party, the The first such exercise was the research and wrote these inform­ Democratic Alliance (DA), has not under­­taken between 8 and 9 ative reports on electoral processes been able to pose a serious challenge Novem­ber 2008 in which 1,648,189 in their assigned provinces. Besides to the ANC dominance. new registrants were included on engaging the provincial research While the previous elections the voters’ roll. It is instructive associates, EISA also commissioned were interesting as a litmus test of that 77.9 per cent of these new work by four senior scholars and the extent to which the country’s registrants were the youth, who researchers: Professor Susan Booysen democracy was being nurtured are often considered apathetic and of Wits University; Professor Rok and consolidated, the 2009 election disenchanted with politics. The Ajulu of UNISA; Professor Dirk was even more fascinating given second voter registration exercise Kotzé of UNISA and Ms Kubi that political competition was even took place on 7 and 8 February 2009 Rama of Gender Links. We are stiffer with the establishment of the throughout the country. also thankful to all the four senior Congress of the People (COPE) – a This edition of South African researchers who worked on general break-away splinter group from Election Update focuses on the insti­ issues relevant to the upcoming the ANC. tutional framework of elections, elections. Their contributions have The big question was how COPE with the following special analytical greatly enriched this project. Last, would cope with the ANC domi- chapters: but by no means least, we extend nance and how much political our gratitude to DANIDA and DFID weight the ANC would shed as • A historical overview of the for their generous financial support a result of this opposition party. South African democratic transi- without which this project would Whether COPE would eclipse the tion since 1994; not have seen the light of day.

2 EISA Election update south africa 2009

A Historical Overview of the South African Democratic Transition Since 1994 Progress, problems and prospects for the 2009 elections

Rok Ajulu – Unisa

Five years have passed since political system moving away from amount of attention both locally and South Africa’s third democratic a dominant party system. internationally. elections in 2004. Thus, in keeping It is against this background that It is against this background that with its constitutional provisions, the 2009 South African elections the significance of South Africa’s it is election time once more in are considered pivotal, as it is first democratic election must be South Africa, and a historic one at contended that they will, to a large understood. It not only brought that. Historic because the country degree, define the future of the ANC to a close four years of protracted is going to the polls for the fourth as a dominant political player, and negotiations, an end to unmitigated time to reinforce a democratic the sustainability of the democratic political violence, and finally closed tradition launched since 1994 and project in South Africa. This policy the curtains on the long chapter to strengthen embryonic democratic brief examines the prospects for of apartheid; the most important institutions, and to demonstrate that the 2009 elections, and the ways single factor is that the elections South Africa is indeed on its way to in which the outcome is likely to took place. consolidating democratic gains over alter the political landscape, and Two weeks before the elections, the last 15 years. its probable impact on democratic Buthelezi’s Inkatha Freedom Party More significantly, it is historic sustainability and consolidation was still threatening a boycott and because the recent ‘war of attrition’ in South Africa. This is done in secession of KwaZulu-Natal. A civil around succession in the leadership two parts: the first part provides war and the ‘Savimbinisation’ of of the African National Congress a historical overview of elections South Africa appeared more in the (ANC), the dominant ruling party in since 1994; this then provides a offing than a general election. For- South Africa, a contestation which background against which the 2009 tunately when the time came, peace led to the defeat of the incumbent, election is assessed. broke out all over the country and president Thabo Mbeki, at the ANC the elections took place in an almost congress in December 2007, and The 1994 Elections in carnival atmosphere. ultimately his dismissal as head retrospect A total of 19.5 million South of state by the newly elected ANC South Africa’s first democratic Africans cast their votes in that first leadership, has placed the contin- elections in 1994 were a culmination democratic election. The turnout at ued success of the South African of four years of protracted 86 per cent was probably the highest transition more squarely on the negotia­tions which had begun in the world. The ANC victory was debate. in 1990 with the unbanning of in any case a foregone conclusion. It The question has been posited liberation movements, including polled 62.65 per cent of the national as to whether the South African the ANC, and a commitment to a vote, a landslide against its nearest experiment with democracy and negotiated settlement by the then rival, the Nationalist Party (NP), democratic governance is sustain­ ruling Nationalist Party (NP). The which garnered 20.2 per cent. The able given the recall of then president four-year transition period, from Inkatha Freedom Party (IFP) came Mbeki and the ‘war of annihilation’ February 1990 to April 1994, was third, with a 10.54 per cent share of which has been taking place within characterised by political violence the national vote. These three par- the ANC since his recall. It has been of unprecedented scale even by ties constituted the Government of suggested, in certain quarters, that the standards of South Africa, National Unity (GNU) as agreed following the departure of certain which had been engaged in low- under the terms of the 1993 Interim key members from the ANC and intensity war over the previous Constitution, with the leader of the the formation of a new opposition two decades. Not surprisingly, the ANC, Nelson Mandela, assuming Congress of the People (COPE), South African transition process, the presidency. Thabo Mbeki of the the 2009 elections do present a real and the negotiations leading to the ANC became the first vice-presi- possibility of the South African elections, attracted a considerable dent, and F. W. de Klerk of the NP

3 EISA Election update south africa 2009 the second vice-president. Mango- opposition parties, however, rallied remained the political home of suthu Buthelezi of the IFP became behind the old South African the Afrikaner establishment, the the Minister of Home Affairs. Identity Document. Perhaps it coloured and the Indian sections Of the fringe parties the extreme needs to be explained that the bar- of the electorate. It had failed to right wing Freedom Front (FF) coded ID was introduced at a time broaden its appeal beyond these made a relatively strong showing, when the apartheid regime was three nationalities and despite given that it was formed only doing away with ‘petty apartheid’, the appointment of token black in early 1994, by securing 2.17 the end of the Group Areas Act, representatives to its policy-making per cent of the national vote. The and therefore the introduction of bodies, it had failed to convince the Democratic Party (DP) managed a uniform identification document broader electorate that it had indeed 1.73 per cent of the vote. This was for all South Africans. Most whites, changed. Its performance in the ahead of the PAC, a long-established however, preferred to keep their National Assembly, where it was liberation movement, which was old apartheid ID well into the perceived to be fighting to retain the expected to do better than its 1.25 democratic era. privileges of the old order, had not per cent share of the national vote. The ID controversy, however, done its image any good. At the provincial level, the ANC captured the reality of a deeply The Democratic Party (DP), tra- won outright majorities in six of fractured society; at times incapable ditionally the party of South African the nine provinces, while the NP of reaching consensus on matters of English liberalism, had shifted to the won the Western Cape with a clear national importance. The contro­ right, in what might be termed sub- majority of 53 per cent. The IFP won versy divided the country along versive liberalism. Since the begin- KwaZulu-Natal with a razor thin racial cleavages: the whites rooting ning of the collapse of the NP, it had margin of 50.3 per cent. for all types of document, the been poaching from the NP’s right- opposition DP going as far as to wing flank. It promised the white The 1999 Elections as a suggest that people be free to use right its determination to restore the watershed process for any kind of registration, including ‘merit, justice and honesty’ of yes- democratic the old pass book. teryear. Ironically, the preamble to consolidation So passionate were these the country’s constitution, adopted The most significant development feelings that the two main white by among others the same party at in the run-up to the 1999 elections parties – the New National Party the end of the constitution-making was the adoption of the South (that is, the old Nationalist Party of process in 1996, talks of ‘…we the African Constitution in 1996, re- P.W. Botha and De Klerk, prefixed people of South Africa, recog­nizing placing the Interim Constitution with ‘New’ from 1998) and the the injustices of our past …’ How of 1993. However, the significance Democratic Party of Helen Suzman the DP reconciled these two state- of the elections lay in the fact that – went to the Constitutional Court ments remained difficult to com- they were to facilitate a democratic to force the ANC government to prehend. Be that as it may, in their transfer of power from one leader stop using only the bar coded ID for battle over the white vote the two to another. Mandela had decided to registration purposes. They claimed parties effectively bid goodbye to step aside after one term and give that in this way the government the larger electorate. The elections way to Thabo Mbeki, itself a rare would disenfranchise millions of were contested around three main occurrence in African politics.So people who did not have the bar issues – crime, the economy and the this was not only a demonstration coded ID. ANC’s record of delivery. In differ- of the institutionalisation of regular The judicial system, however, ent circumstances the ANC would elections, but more importantly, an remained unconvinced and the mat- have been severely taken to task on acceptance of democratic elections ter was thrown out of court. Once these three issues. But the ANC had as the legitimate framework for the this matter was settled the parties cast itself in the role of rectifying contestation of political power. got down to the serious business the wrongs of the previous 48 years The 1999 elections were held of canvassing for votes. This took (or was it 300 years?) therefore the ransom by the voter registration place in an almost festive atmos- attacks on the ANC policies had controversy, a contestation over phere. Missing from the electoral basically fallen on deaf ears. which form of identification would process this time round was the Thus the outcome of the 1999 be used for purposes of voter violence that almost derailed the elections was for all practical registration and, ultimately, for 1994 election. purposes a foregone conclusion. The voting. The new democratic regime The 1999 elections also took absence of a strong parliamentary favoured a single identity document place against a background of opposition meant that the ANC – the bar-coded Identity Document re­alignment of political forces would be returned to power with a introduced by the previous regime and electoral support. The New majority. And so the ANC’s relentless in 1986, which was considered National Party, despite the addition march to a possible two thirds fraud-proof. The minority white of the magical ‘New’ to its name majority, and a dominant party

4 EISA Election update south africa 2009 status, would be due largely to the had to contend with a coalition of cent in 1999. The NNP ultimately fact that South Africa’s parliamentary NP (38%) and DP (12%). disbanded in August 2004, with opposition had outlived its purpose. most of its members decamping to It was estimated at the time that The 2004 Elections the DA. the ANC would win with a margin The 2004 elections were yet an- The other smaller opposition of between 52 per cent and 63 per other demonstration that regular parties maintained their presence cent. In the event, the ANC won democratic elections had become in parliament, neither significantly with an increased majority of 66.36 institutionalised in South Africa’s declining nor increasing in their per cent compared to 62.65 per cent political landscape. electoral strength. The Independent in 1994. The most notable feature Once again the election was fought democrat (ID), which was formed of the result was the dramatic around three critical issues: crime, when Patricia de Lille, a PAC MP, rise of the DP from fourth-largest the economy, and the ANC’s record defected to form the party in the first opposition in National Assembly to of delivery. And once again the floor-crossing period at the national the second, in the process displacing ANC managed to convince the level in 2003, participated in its first the NNP1 as the main opposition electorate that it was the party best election and attained 1.73 percent party. Significantly, the DP replaced suited to govern. of the vote. the NP as the official opposition. The ANC continued its dom­in­ At the provincial level the ANC The rise of the DP was matched by ance, increasing its support to 69.69 for the first time governed in all the the dramatic decline of the NNP, per cent, thus attaining the two- nine provinces, including the West- which lost close to 3 million voters, thirds majority that had eluded it ern Cape (which it ruled in coalition and henceforth disappeared into in 1999.2 The DA3 retained its official with the NNP) and KwaZulu-Natal, political oblivion. opposition status, increasing its the two provinces that it had failed The IFP also suffered a decline support from 9.56 per cent in 1999 to to win in 1994 and 1999. The DA in support, dropping from 10.54 per 12.37 per cent. The IFP continued to became the official opposition in six cent to 8.59 per cent, but precariously disappear from the national radar, of the provincial legislatures, with held on to power in KwaZulu-Natal sinking from 8.58 per cent in 199 to the exception of the Eastern Cape, with 42 per cent against the ANC’s 6.97 per cent. The NNP was almost where the UDM retained this status, share of 39 per cent of votes. The wiped out, managing only 1.65 Northwest (UCDP) and KwaZulu- biggest loser was the PAC, plum- per cent compared to the 6.87 per Natal (IFP). meting from 1.25 per cent in 1994 to 0.17 per cent. The remaining fringe Table 1: Elections Results (1994, 1999 and 2004) of major parties parties performed as would have represented in the National Assembly been expected – Bantu Holomisa and Roelf Meyer’s UDM garnering % votes % votes % votes Party 3.42 per cent of the votes, and the 1994 1999 2004 United Christian Democratic Party African National Congress 62.65 66.35 69.69 (UCDP) led by Lucas Mangope getting 0.78 per cent. Three other National Party/New National Party 20.39 6.87 1.5 parties made it to the NA: the Mi- Inkatha Freedom Party 10.54 8.58 6.97 nority Front (MF) with 0.30 percent, Freedom Front/ + 2.17 0.80 0.89 the Azanian Peoples Organisation (Azapo) at 0.17 percent and the Democratic Party/ Alliance 1.73 9.56 12.37 Afrikaner Unity Movement (AEB) Pan Africanist Congress 1.25 0.71 0.73 with 0.29 percent. African Christian Democratic Party 0.45 1.43 1.6 The number of parties repre- United Democratic Movement – 3.42 2.28 sented in parliament almost dou- bled from seven in 1994 to thirteen United Christian Democratic Party – 0.78 0.75 in 1999. Independent Democrats – – 1.73 At the provincial level, the ANC Federal Alliance – 0.54 – continued its dominance, this time winning a clear majority in the Minority Front – 0.30 0.35 seven provinces of Gauteng (68%), Afrikaner Eenheids Beweging – 0.29 – North West (79%), Mpumalanga Azanian Peoples Organisation – 0.17 0.25 (85%), Limpopo (88%), Free State (79), the Eastern Cape (74%), and the Others 0.82 0.17 1.04 Northern Cape (64%). In the West- Total 100 100 100 ern Cape, the ANC won the largest share of the vote at 42 per cent but Source: Hoeane, 2009

5 EISA Election update south africa 2009

The local government What impact are they likely to have supposedly the 40 per cent of the elections of 1995/1996, on the political system, and to what ANC delegates who voted for the 2000, 2006: Entrenching extent are they likely to alter the former president Mbeki at the democracy at the local political balance of power and the ANC National Congress held in level ANC’s domination of the political Polokoane, Limpopo. These were The electoral system at this level landscape? ANC delegates participating in evolved from the PR system, which Going purely by the overview ANC democratic processes. There was utilised in the first election of of the past elections presented here, are absolutely no guarantees that 1995/1996, to the mixture of FPTP the ANC support appears unshake- were Mbeki to join another party, and PR that is currently in use. The able. As we have shown above, or come out openly in support of changes were promulgated by the the ANC has steadily increased its COPE, that the so-called 40 per cent Government Municipal Structures electoral support from 62 per cent would automatically follow. So the Act, 1998 (which restructured in 1994 to almost 70 per cent in the assumed 40 per cent ANC support local government bodies). This 2004 election. Its support in the local for COPE is neither here nor there. followed major reforms of local government elections over the three It surely is not a scientific calculation government institutions in the periods from 1995/6 to 2006 has also of political behaviour and voting run-up to the 2000 poll, which increased steadily from 58 per cent patterns in South Africa. reconstituted municipal boundaries to 66 per cent in 2006. This evidence Secondly, the ANC has built and introduced new administrative would seem to suggest that this a robust tradition of democratic structures: Metropolitan, District trend is more likely to be repeated culture in its processes. Even during and Local Councils. rather than reversed. exile, when centralisation had to The picture at the local However, it has been suggested creep in, vibrant debate remained government level reflects the that the 2009 elections will be taking very much a culture of the ANC. dominance of the ANC at the place against a completely changed This has invariably created a culture national and provincial levels, with political environment. For a con- in which breakaways have not been the party winning 58 per cent of siderable period now, it has been able to harvest a health proportion the seats contested nationally in theorised that a challenge to the of the ANC’s support base. The 1995/2006,4 increasing this tally to ANC’s dominance can only come PAC is a case in point: it never 60 per cent in 2000 and significantly from within; that a break-up of the captured any viable following winning outright victories in four ANC would splinter the African from the ANC and its performance (Johannesburg, Pretoria, East nationalist block vote, and scatter since the advent of the democratic Rand, Port Elizabeth) of the six it in different directions. processes has demonstrated that metropolitan councils, except Cape The departure from the ANC of it is a party shouting in a political Town, which was won by the DA, the former Defence Minister, and wilderness. Holomisa’s UDM is and Durban, where it failed to chairman of the ANC, Mosioua similarly a demonstration of how achieve an absolute majority. Lekota, the former Gauteng Premier, splinter groups from the ANC have In 2006, it increased its level Mbhazima Shilowa, and some not managed to seriously threaten of support to 66 percent of seats lesser-known names to form a new the latter’s historical political nationally, the DA coming second party, the Congress of the People hegemony. with 14.8 percent, the IFP third with (COPE), to challenge the ANC at 8.1 percent followed by the ID with the next election appears to have Conclusion 2 percent in fourth place while the fulfilled this prophecy. On the The trends that have been sketched rest of the major parties registered basis of this development, most in this article, starting with demo- less than 2 percent support each. analysts are convinced that the 2009 cratic elections in 1994, are likely to The ANC won outright majorities elections are going to be a different be replicated in the next elections. in five of the six metropolitan ball-game altogether, completely The ANC will most likely lose the councils (Johannesburg, East Rand- different from the trends that we Western Cape Province, not because Ekurhuleni, EThekwini-Durban, have sketched above. of the arrival of COPE but because Tshwane-Pretoria and Nelson In the author’s opinion, this of internal squabbles that have con- Mandela-Port Elizabeth), with newly found wisdom about the sumed the provincial ANC over the the DA retaining power in Cape imminent collapse of the ANC last three years. And, even then, the Town. is based on wrong premises, ANC is still likely to emerge as the incorrect analysis, and inadequate largest party in the province. A bird’s-eye view of the understanding of the traditions The smaller parties are unlikely forthcoming elections of politics within the ANC. The to make any considerable improve- Against the background of the false promise of COPE foundation ment. And even though the DA foregoing analysis, what are the was that it already had 40 per cent peaked at the last election, it is prospects for the 2009 elections? support within the ANC. This is likely to make some considerable

6 EISA Election update south africa 2009 improvement picking up support in the new dispensation by presenting itself References a transformed party. from the white right. Inkatha is 2 The significance of a two-thirds majority is Ajulu, R. 1994/5. ‘The South African Election of losing support and therefore more that constitutionally this is the threshold at April 1994.’ Africa World Review, London. likely to be cantankerous as the which a party can change the constitution. Hoeane, T. 2009. ‘Political Parties and 3 The Democratic Party (DP), the New National Party Political Organisation in Democratic election approaches. Its intolerance Party (NNP) and the Federal Alliance formed Consolidation: The South African Case.’ of political competition is already the DA in mid-2000. However, the NNP In R. Ajulu (ed.). Two Countries One Dream: fairly visible. pulled out of the alliance the same year after The Challenges of Democratic Consolidation a fall-out between it and the DP. in Kenya and South Africa. Johannesburg: 4 The first round of elections was held in 1995, KMMR Publishers. ENDNOTES except in KwaZulu-Natal, which followed in 1996. The delay was caused by traditional 1 The New National Party (NP) changed its leaders, who rejected elections out of fear name to the New National Party (NNP) in that new forms of democratic governance 1997 after it left the GNU to position itself might erode their powers.

7 EISA Election update south africa 2009

The Political Environment of Election 2009 Democracy and contestation

Susan Booysen – University of the Witwatersrand

Elections around the world today is more likely to play by the rules in KwaZulu-Natal. Both these are marred by pre-electoral conflict in conditions of either no or only phenomena touched on sensitive and intrigue. modest opposition threats. For the issues and (re-)exposed raw nerve- Ashish Chaturvedi (2005: 189) opposition parties, the test would endings. be to tailwind the newly emergent The new dynamics had clear im- The two worlds of South Africa’s Congress of the People (COPE) and plications for the nature of contest­ elections 1999 and 2004, as opposed use the new political landscape to ation – whether in 2009 it would to the early campaign period of reinvigorate opposition politics in be concordant with the largely Election 2009, trigger a pivotal general. peaceful political environment question about South African The rest of this article first posi- of the 1999 and 2004 elections or democracy: Were the degrees of tions the present-day analysis in the whether the campaigns would be acceptance of the rules of the game comparative contexts of conflict in more ‘robust’.1 The base question contingent upon the continuation of the preceding elections and then was whether elections in South the roughly established balance of offers a brief conceptual schema Africa would continue to prevail as power between parties, including for a graded analysis of violence, ‘free and fair’. The new dynamics, the undisputed hegemony of the intimidation and related actions in virtually by definition, brought the African National Congress (ANC)? election campaigns. It recognises potential for harsher contestation By 2004 much consensus the legislative and institutional and conflict, on a more systematic pre­vailed that South African framework for the conduct of party level than before. For South Africa democracy had consolidated. activities in election periods. It then the bubble of fairytale elections Elections appeared to be insti­ offers an analysis of the trends in might have burst. The new dynam- tutionalised and accepted as the contestation in Election 2009, and ics might also have brought South ‘only game in town’ (see O’Donnell draws conclusions about the extent Africa closer to the unwelcome in- and Schmitter 1986: 51-61). Electoral to which ‘robust’ campaigning im- ternational dual reality that conflict contestation had been largely pacts on South Africa’s reputation certainly impacts on elections, but peaceful; incidents were minimal for free and fair elections. that elections frequently also elicit and had in fact experienced a conflict (see Kingsley 2008; Cocodia steep decline in comparison with New dynamics of 2008). 1994. The political parties seemed contestation in South In this context the Elklit and relatively content, in most corners Africa 2009 Svensson (1997) checklist on what of the country. Opposition parties There were mainly two factors that constitutes free and fair elections frequently revelled in decimal had engendered a changed context (see Table 1) is a reminder that, in electoral advances. The ANC of party politics and electoral the global scheme of things and was hegemonic and in a comfort contestation ahead of the 2009 despite 2009 problems, South Af- zone of undisputed, effectively South African election. First was the rica remained relatively close to unchallenged rule. It celebrated emergence of COPE, splitting from the straight and narrow. According elections as an opportunity to the ANC in the aftermath of the to these authors, ‘free’ in the pre- mobilise voters, close ranks and Jacob Zuma–Thabo Mbeki contest, election period denotes freedom affirm victory over both now- intra-movement politics in the wake of movement, speech, assembly, remote apartheid and the low threat of the ANC’s Polokwane conference, freedom from fear in relation to of opposition parties eclipsing the and the ousting of Mbeki. Second election campaigning, absence of ANC. was the continued ascendancy of impediments to stand for election, In 2009 new tests for both the the ANC in KwaZulu-Natal (also and equal and universal suffrage. ANC and opposition parties have see Mottiar 2004), bolstered by the ‘Fair’ in the pre-election period des- emerged. For the ANC the test Zuma-Zulu factor of wanting to ignates (in relation to party political would be to show whether the party finally capture remaining Inkatha actions) equal opportunities for is a ‘good weather democrat’, which Freedom Party (IFP) strongholds political parties and independents

8 EISA Election update south africa 2009 to stand as candidates, an orderly poli­tical party from obstructing sibilities for specific repertoires that election campaign with the observ- another’s access to voters, and had been manifested. To illustrate, ance of a Code of Conduct, and no compels parties to refrain from all three categories entail intimida- misuse of government facilities for using language that might incite tion – either immediate and direct or campaign purposes.2 violence and bring on the intimida- in residual form. The typology thus In the 2008-09 period South Af- tion of voters and political parties. comprises the categories: rica retained measures that helped According to IDASA (2009) most keep vigorous inter-party contesta- of the Code appears to obtain to • Violent rhetoric, hate speech, tion in check, especially in formal electoral and non-electoral periods. intimidation; campaign periods. The Electoral Yet, the IEC only brings contesting • Obstruction, limiting access, Act of 1998 contains a binding Code parties to sign the Code at a time and both immediate and lagged of Conduct for political parties close to the election and only moni- intimidation; and and their candidates. The IEC also tors compliance once the election is • Physical violence, intimidation. employs the Electoral Court (estab- proclaimed.4 Political parties thus lished in terms of the Electoral Com- also used the contentious 2008-2009 The categorisation also suggests mission Act of 1996), frameworks period to claim exemption from the grey area between the outright for election security, and election conditions of the Code. unlawful, violent and intimidatory, monitoring and conflict manage- and conduct that is clear in its inten- ment capacity (see Piper 2004, 45) to Conceptual schema for tion to undermine, sabotage and manage inter-party relations. the analysis of intimidate opponents yet cannot be The purpose of the Code is to campaign actions pin-pointed as contrary to demo- promote conditions that are con- For the purposes of this analysis, a cratic electoral demeanour. ducive to holding free and fair elec- three-category typology of illegiti- ‘Intimidation’ and ‘intolerance’ tions, including the promotion of mate (or untoward, inappropriate, are umbrella concepts that en- political tolerance, free campaign- unfair; also see Piper 2005) political compass and undergird a range ing and open public debate (Elec- action by political parties, their lead- of specific actions. Many possible toral Act 1998, s.1 of Schedule 2). ers and supporters is created. The illegitimate acts have the effect of In terms of the Code parties categorisation recognises the inter- intimidation. Intolerance signifies commit themselves to non-coer- linkages between categories and the underlying orientation in many 3 cive campaigns. It prohibits any occasional multiple placement pos- of the untoward forms of electoral

Table 1: Elklit & Svensson’s criteria for free and fair elections

FREE FAIR

PRE-POLLING DAY Freedom of movement, – speech (for candidates, the media, Transparent electoral process, election act & system that voters & others), – assembly, – association, – from fear grant no special privileges to any political party or social in relation to election & electoral campaign, absence of group, independent & impartial electoral commission, impartial impediments to standing for election (for political parties treatment of candidates by policy, army & courts, equal and independent candidates), & equal & universal franchise. opportunities for parties & candidates to stand for election, impartial voter education, orderly campaign (observance of Code of Conduct), equal access to publicly controlled media, impartial allotment of public funds to parties, no misuse of government facilities for campaign purposes. POLLING DAY Opportunity to participate in the election. Access to all polling stations for party representatives, accredited observers (local & international) & the media, secrecy of the ballot, no intimidation of voters, effective design of ballot papers, impartial assistance to voters (if required), proper counting procedures, proper treatment of void ballot papers, proper precautionary measures when transporting election materials, impartial protection of polling stations. POST-POLLING DAY Legal possibilities of complaint Official & expeditious announcement of election results, impartial treatment of any election complaints, impartial reports on the election results by the media, acceptance of the election results by all involved

Source: As summarised from Elklit & Svensson 1997: 32-46 9 EISA Election update south africa 2009 behaviour. Violence is a clear-cut wing revolt. The general mood on that winners and losers equally category, which is easily distin- the eve of the election was one of accept. South Africa’s framework guished when it is limited (as this fear that the election could result for the management and regula- analysis does) to physical violence in a bloodbath. These fears failed tion of political parties and their (as opposed to structural). Violent to materialise, contributing to the electoral conduct has equally con- rhetoric and hate speech form a widely held perception of the elec- tributed – both in terms of specific distinct category, which can prompt tions not just as a ‘miracle’ but as a management and sanction for non- acts perpetrated against other par- role model for conflict-ridden socie- compliance, and in furthering a ties. At best, it has an intimidatory ties the world over. culture of freeness and fairness in effect; at worst it triggers violence. The 1999 elections continued the contestation. Chairperson of the IEC, Brigalia trend towards peaceful conduct. The South Africa thus witnessed Bam, for example pronounced (in issues that parties put forward for a sustained decline in the occur- The Star, 26 November 2008): ‘We dispute resolution indicated the re- rence of inter-party violence and are aware of the violent nature of duced nature of threats to ‘free and intimidation (see Table 2). This was how some people speak … intol- fair’. Major issues, this time around, widely interpreted as a sign of the erance is one of the main causes concerned infringements on the consolidation of democracy. of war.’ One of the intermediary rights of the competing parties, categories between violent rhetoric damage to electoral materials, and Trends in the early run- and physical violence is obstructive intimidation. Many of the reported up to Election 2009 behaviour such as occupation or incidents (see Table 1) concerned the South Africa is no stranger to inter- invasion of opposition-designated political party–IEC relationships. party electoral conflict, including venues or meetings, or singing and Only isolated incidents of violence in the form of violence and in- chanting (often using threatening or were reported (IEC 1999, 31). timidation. Still, stress signals were demeaning speech) on the fringes of The ‘ten years of democracy’ beamed when in the early run-up gatherings. Threats to life are a cer- elections of 2004 brought a further to the 2009 elections5 multiple in- tain manifestation of intimidation. decline in violence and intimida- stances of violent rhetoric, obstruc- In a context such as South Africa tion. Most of the incidents reported tion and break-up of opposing party in 2009, a preceding environment of in 2004 concerned problems expe- meetings, intimidation through actions, which denies the properties rienced at registration and voting presence at opposing party rallies, that Elklit and Svensson link to ‘free stations, and were far less about vio- specific threats to individuals, and and fair’ (2008-early 2009), could lence and intimidation (EISA 2004b, some physical violence, threatened linger and thereby turn a subse- 7). The 2004 election period is re- to change the increasingly (to this quent, more free and fair phase (the garded as having experienced only point) stable character of South formal 2009 campaign period) into a few major instances of conflict, African elections. In the words of a terrain that retains an intimidatory viz. conflict between rival rallies of the IEC’s Bam (quoted in The Star, impact, despite untoward behav- the ANC and IFP, and then-deputy 26 November 2008): iour having passed. ANC president Jacob Zuma being refused access to Gauteng hostels. ‘The ruling party and the Conflict trends in These trends implied increasing breakaway party will be tested Elections 1994, 1999 acceptance of the normative frame- in next year’s elections. It is and 2004 work of liberal democracy. our responsibility to ensure Incidents of political violence and The reasons for the decline have that South Africa does not intimidation, or unfair political been manifold. Foremost might degenerate, because our practice, in South African elec- have been the acceptance of the cul- democracy is fragile’. tions have been in decline since ture of party political contestation 1994 (also see Table 3). The first that results in an electoral verdict democratic elections emerged from conditions of severe violence. The Table 2: Trends in complaints and killings in Elections 1994, most extreme was the civil war 1999 and 2004 in the KwaZulu-Natal Midlands, which claimed in excess of 20,000 Detail 1994 1999 2004 lives. There were several other mass-killings, including the so- Party political complaints to the IEC 3,594 1,114* 253 called Shell House massacre, and Number of persons killed 1,000+ >100 0 the bombing of ANC provincial offices in Johannesburg four days * Of these, 359 (80% of these related to violence and intimidation; KwaZulu-Natal was the province with the most instances, followed by the Eastern Cape) prior to the election. There was the continuous threat of a white right- Source: Piper 2004, based on IEC sources; EISA 2004a

10 EISA Election update south africa 2009

The main triggers for mounting Brigade leader equally stepped president Julius Malema’s con- levels of intolerance are the rise into the ring, inviting Malema to duct, including allegations of incit- of COPE and the potentially in­ ‘find boys his own age who will ing violence. Malema was largely creasing ANC penetration of IFP teach him what happens to a loud- gagged, and President Kgalema strongholds. The fact that the up- mouthed chatterbox imbecile like Motlanthe and Zuma, amongst oth- to-now dominant and hegemonic him’. ers, repeatedly called for tolerance ANC felt more threatened in this and dignified demeanour by ANC election than in preceding elections Obstruction, intimidation, the supporters. seemed to contribute to less tolerance creation of no-go areas Whilst the jury remained out of opposition campaign activities. The main instances were in the form on the formal late-February to The parties behind most (but of the disruption of COPE meet- April phase of the Election 2009 not all) of the incidents of outright ings, for example in Orange Farm, campaign, the tide appeared to violence, obstruction or intolerant Verulam, Welkom, East London; have turned. Likely reasons were a rhetoric, across several provinces, the frequent forcible occupation of realisation that norms of electoral were the ANC and IFP. The actions venues designated for COPE meet- conduct needed to be protected and were mostly targeted at each other, ings; holding of counter-rallies by the reputation of elections in South or by the ANC at COPE. Intolerant the ANC in areas where COPE and Africa defended. rhetoric was also used in exchanges the IFP were gathering; and threats Contributing reasons may have between youth leaders. The DA, by an ANC KwaZulu-Natal leader included the ANC having been during campaigning in KwaZulu- that the province would be a no-go victimised by the IFP8, that ANC Natal and Gauteng, was also targeted area to COPE (see Sunday Times, objectives of subduing COPE hav- (by the IFP and ANC, respectively). 2 November 2008). Legal battles for ing been sufficiently achieved to On a number of recorded occasions the naming of the party were related move into a mode of tolerance, and COPE supporters retaliated, for to the obstruction phenomenon (the that the IFP had come under unprec- example in blocking roads to an ANC dropped its opposition to the edented pressure to curb intolerance ANC event, or engaging in ‘poster name).7 in its ranks. posting wars’ with the DA. ANCYL members regularly The main forms (in relation to sang and danced on the sidelines of Contestation and the the typology of the analysis) and COPE meetings, for example in Ver- state of sElections in illustrations of these conflicts in the ulam, Orange Farm and Gugulethu. South Africa early 2009 campaign period were:6 The abduction of a Lekota body- The early phases of campaigning guard and anti-COPE threats made for Election 2009 thus saw a rise Violent, demeaning rhetoric to him, along with the withdrawal in actions of intimidation and in- The most notable perpetrators were of Lekota’s personal security, fur- tolerance, especially in the form of from the ANC Youth League and ther compounded manifestations in violent rhetoric and obstruction. its associated regional and local this category. Due to fears of being These actions had the potential to structures. Many of the statements purged from positions in politics affect South Africa’s record of ‘free were made in defence of ANC and government, COPE members and fair’ elections (see Table 3). The president Jacob Zuma. Statements would often not publicly express most brutal of the early-pre-election included ‘we shall kill for Zuma’, their new party allegiance. violence was perpetrated by the IFP. and about the National Authority Yet, the intimidatory rhetoric and (NPA) in its legal action against Physical violence actions by some ANC supporters Zuma, as ‘the last kick of a stinking The early 2009 election period that and leaders were as likely to impact and dying horse which will not is being assessed in this analysis on the future character of South survive’. A chairperson of an ANC offered few incidents in this Africa democracy. Youth League (YL) branch said: category. The most notable case As the parties by mid-February ‘People like Terror Lekota [COPE was the Nongoma attack by IFP entered the period of proclamation leader] and all those people who supporters on ANC rally-goers of the election and formal cam- want to destroy the history of the in early February 2009. Nongoma paigning, a decline in conflictual organisation …, they behave like could have been a turning point, behaviour materialised. The South cockroaches and they must be even if it also coincided with the African election campaign, even if destroyed’. The branch secretary formalisation of the election period. still relatively pristine judged by explained ‘destroy’ as ‘we must kill By February 2009, notably in the international comparison, might them’ (see The Star, 26 November aftermath of Nongoma; ANC and have been pulled back from the 2008). COPE was also a perpetrator, IFP leaders increasingly urged brink. The decline in incidents fol- with a COPE youth leader stating supporters to act in tolerant ways. lowed in the wake of propagation of that a Zuma government would The ANC National Executive tolerance by the ANC, the IFP and make ‘raping official’. The IFP Youth Committee (NEC) discussed YL IEC. At the time, the interventions

11 EISA Election update south africa 2009 suggested that South Africa was not that such actions had generated. period are the factors that will on an irreversible path to tainted Time would have to tell whether provide the answers as to whether elections and that the epithet of ‘free lasting damage had been inflicted support for the liberal-democratic and fair’ might remain associated on democratic foundations of free- norms of freedom to contest was to with South African elections. dom to organise, meet, propagate be contingent upon the nationally Yet there remained the challenge and recruit. dominant and hegemonic party, of surmounting the likely persisting The level and durability of the as well as a strong but threatened impact of the preceding actions of turning away from the untoward provincial party. q intimidation, and the threat and fear incidents of the early campaign

Table 3: Contestation and the State of Elections in Democratic South Africa

1994 1999 & 2004 2009 Emerging from conflict The post-conflict elections Partial reversal to conflict

Campaign rhetoric Conciliatory yet hard-hitting Dominant party rhetoric Early campaign period evidence Obstruction campaigns, many reports to delegitimise opposition, of intolerance, hate speech, Intimidation of intimidation, multiple IEC legitimacy and general obstruction and intimidation, Physical violence instances of protracted norms entrenched, seeming but few instances of physical violent conflict acceptance of the primacy of violence elections

Condition of Pre-reconciliation and early A growing decline in incidents Continuous acceptance of democracy and period in institutionalisation of and apparent acceptance of elections, but numerous elections democracy, but Election Day the rules of the electoral game; instances of using illegitimate builds strong foundation democracy appears to be actions to affect the balance of consolidating power between parties

Party political Certainty of ANC victory, but a ANC hegemony is a known Evidence of ANC hegemony context question of scale and ranking of factor, its continuous being challenged from within, the opposition parties dominance is accepted does not necessarily pose a threat to ANC power, but sensitivity and anger prevail

ENDNOTES 1 The term ‘robust’ was often used The ANC objected and launched legal 1998. Regulations on Party Liaison euphemistically for repertoires of action proceedings, but finally abandoned their Committees (R.824 of 18 June 1998). that fall in a grey area between legitimate objection. The ANC argued that voters Electoral Commission of South Africa (IEC). and inappropriate (violent or intimidatory) would confuse the new COPE with the 1999. Report on Conflict Management contestation or campaigning. ANC’s historically significant Congress of Committees and Mediation and Arbitration 2 Other Elklit and Svensson criteria for ‘fair’ the People of 1955, the event that marked Panels for the National Assembly and relate to, for example, electoral authority the adoption of the Freedom Charter. Provincial Elections. Johannesburg: EISA. actions (1997). 8 The IFP also targeted the DA in its October. 3 The IEC also uses a system of Party Liaison KwaZulu-Natal campaign. Institute for Democracy in South Africa Committees (1998) to manage relations (IDASA). 2009. A quick guide to the general between the IEC and the parties. elections. Cape Town: IDASA. 4 In 2008 there were suggestions that action References Kingsley, M. 2008. Electoral conflicts in Africa: against COPE supporters could only be Chaturvedi, A. 2005. Rigging elections with Is power-sharing the new democracy? declared wrongful once COPE had become violence. Public Choice. 125, pp. 189-202. Conflict Trends 4, 32-37. registered as a political party. Cocodia, J. 2008. Exhuming trends in ethnic Mottiar, S. 2004. The turnover of power in 5 The ‘early run-up’ in this analysis refers to conflict and cooperation in Africa: Some KwaZulu-Natal: a growing commitment the period from late September 2008 to selected states. African Journal on Conflict to and engagement with the process. mid-February 2009. Resolution 8(3), 9-26. Journal of African Elections 3(2), 47-58. 6 This section cites incidents that were Electoral Act, No. 73 of 1998. gathered from multiple references in news Electoral Commission Act, No. 51 of 1996. media reports. The cited incidents are Electoral Institute of Southern Africa (EISA). Newspapers Consulted and Cited illustrations. The listing is not exhaustive. 2004a. EISA Election Observer Mission The Star, The Sunday Times. 7 The saga around the naming of the new Report South Africa. National and provincial party entailed, first, the ANC objecting to elections, 12-14 April 2004. Johannesburg: O’Donnell, G. & P. Schmitter. 1986. Transitions the consultative launch event being called EISA. from Authoritarian Rule: Tentative Conclusions the South African National Convention. Electoral Institute of Southern Africa (EISA). about Uncertain Democracies. Baltimore: Second, the initial choice of the name of 2004b. Conflict Management Programme Johns Hopkins University Press. South African Democratic Congress had Report: National and provincial elections. Piper, L. 2005. Minimised but not eliminated: to be abandoned upon the ‘Shikota’ group’s 14 April 2004. Johannesburg: EISA. The decline of political conflict. In South discovery that the name already belonged Elklit, J. & P. Svensson. 1997. What makes Africa’s 2004 election – the quest for to an IFP split-off floor-crossing party. elections free and fair? Journal of democratic consolidation. EISA Research Third, after some delay, the decision to use Democracy. Vol. 8(3), pp. 32-46. Report No. 12. Johannesburg: EISA, pp. Congress of the People (COPE) followed. Electoral Commission of South Africa (IEC). 31-65.

12 EISA Election update south africa 2009

South Africa The State of democracy and its implications for 2009 Elections

Rok Ajulu – UNISA

Introduction dominance and the prospects of “realistic opposition”, an alternative The advent of the Congress of the consolidation. This is followed by to government of the day, then the People (COPE), the new party an analysis of the architecture of likelihood of a turnover of power formed by defectors from the ruling electoral institutions, which pro- is diminished and the crises of African National Congress (ANC), vides a springboard for assessing government are correspondingly has generated disproportionate the possibilities of the abuse of those more likely to be the crises of interest in the forthcoming gen- institutions, and a basis for assess- the democratic regime …‘2 Thus, eral elections. Questions have been ing the broader implications for the Southall3 concludes that the absence raised about the sustainability of 2009 elections. of powerful opposition signifies South Africa’s democratic institu- the hollowness of South Africa’s tions, especially following the recall Single-party dominance democracy. of former president Mbeki and the and the state of The problem with the theorists war of succession within the ANC. democracy in of single-party dominance in South More interestingly, fears have South Africa Africa is that they fail to make a dis- been expressed about possibilities The dominant role of the ANC as tinction between dominant parties of the ANC government expanding a governing party since the advent and authoritarian dominant par- its executive powers and deploying of democracy has provoked a de- ties, the latter of which, as Suttner these for the intimidation of the bate on the extent to which single points out, are more likely to create opposition and the rigging of the party dominance has compromised conditions of oppression for their elections as has happened in many democracy and democratic institu- opponents.4 African countries. On the other tions in South Africa. It has been The reality is that there is no hand, it has been predicted that the argued for example that in a context evidence to suggest that the ANC formation of COPE from within the in which one party dominates the has deployed its dominance bowels of the ANC does present the political landscape and faces little towards undermining democratic real possibility of the South African prospect of electoral defeat as the institutions. The ANC dominance of political system moving away from ANC does, concerns are raised that elections since 1994 (it has steadily a dominant party system. democracy and governance are increased its electoral support from These concerns raise a broader more likely to be compromised. 62 per cent in 1994 to almost 70 per question about the state of de- Despite provisions and mechanisms cent in the 2004 election); its support mocracy in South Africa and its in place to protect the constitution in the local government elections implications for the 2009 elections. and prevent the abuse of power, over the three periods of local Perhaps an important question here this view maintains that liberal elections from 1995/6 to 2006 (also is whether indeed democratic insti- democracy is being steadily eroded increasing steadily from 58 per cent tutions have taken deep root and in South Africa and that the domi- to 66 per cent in 2006) has not led to built the required legitimacy so as nance of politics by one party and the collapse or fundamental erosion to contribute towards the legitimisa- the seemingly bleak prospects for of democracy, such as the turning tion and stabilisation of the political the alternation of power are instead of the country into a one party system, or whether the democratic directing South Africa towards mere state. On the contrary, the ANC has 1 gains of the past 15 years are still ‘majoritarianism’. made consistent efforts towards capable of being reversed. These scholars argue that strengthening and consolidating This contribution constitutes democratic systems ‘rely on insti­ democratic institutions as can be an attempt to assess the state of tutionalised oppositions, and it is seen from the rigorous manner in democracy in South Africa and its doubtful that any regime could long which the electoral institutions have implications for the forthcoming survive as minimally democratic been crafted since 1996. elections. This is organised as fol- without them. The argument goes Moreover, as Suttner suggests, lows: it starts with a discussion of that ‘if there is no possibility of one has in South Africa a public the discourses around single party an oppo­sition being seen as a sphere where citizens and civil

13 EISA Election update south africa 2009 society engage the state and express for Home Affairs (PCHA) for however, informed by the political a diversity of views, which is another recommendation. expediency of reconciliation. Recog- indication of the growing strength of • The recommended candidates nising the exclusionary character of democracy. To this extent, therefore, are submitted to the National the FPTP, it was felt that the PR sys- the state of democratic institutions Assembly for approval. tem would achieve the objective of and particularly the electoral • Following National Assembly deliberately broadening representa- infrastructure do seem to provide approval, the names of success- tion at the national and provincial some guarantee that a level playing ful candidates are forwarded to levels, as each vote would count field has indeed been established the Minister of Home Affairs for and there would be no winner- for the conduct of elections in South submission to the president for take-all outcome. Furthermore, it Africa. However, let us look at some appointment. was recognised that it would be a of these institutions, particularly the This elaborate process ensures logistical nightmare attempting to electoral institutions, in a bit more that the appointments to the Elec- demarcate non-racial constituen- detail. toral Commission are transparent cies in a country where apartheid and non-partisan and therefore social engineering had designated The architecture of have the confidence of all political residential areas on a racial basis. electoral institutions players. The body so established, Hence, no constituencies were is therefore autonomous and an drawn up and the entire country The Independent Electoral impartial manager of the electoral was treated as one constituency. Commission (IEC) process. Furthermore, the Electoral Finally, in order to accommodate all The Independent Electoral Commis- Act of 1998 contains a binding Code political players, the PR system was sion (IEC) is the body responsible of Conduct for political parties and deliberately designed to provide for for managing and administering their candidates. The purpose of a very low threshold, determined elections. The IEC was established the Code is to promote conditions primarily by voter turnout. in terms of the 1993 Interim Con- that are conducive to holding free stitution and later through the and fair elections, including the The workings of the electoral system 1996 Act of Parliament. In its vision promotion of political tolerance, statement, the IEC declares its main free campaigning and open public As indicated above, under the PR objective as being to ‘strengthen debate. system the whole country is treated constitutional democracy through Since its establishment, the as one constituency. Parties contest- the delivery of free and fair elec- IEC has managed and conducted ing elections prepare lists of candi- tions…’ elections with impartiality and dates for the National Assembly as The IEC comprises five Com­ professionalism that has earned it follows: missioners appointed through the confidence of all political and a fairly elaborate and rigorous social players. The IEC has in fact • A National Assembly List process. The appointment of the become a role model of an Electoral • Province to National Assembly Commissioners for the IEC is done Commission on the continent, and List by the Constitutional Court, and has been invited by a number of • Province to Province List for the conducted through five different countries to assist with their respec- nine provinces stages as follows: tive election processes. The number of seats a party would • Call for candidates through The electoral system win would be proportional to its newspaper advertisements, and The electoral system that has been electoral strength. For example, if short-listing of candidates. in place since 1994 is the List or a party won 10 per cent of the vote, • Interviews of successful can- Proportional Representation (PR) it would have parliamentary rep- didates conducted by a panel system. Prior to that, the apartheid resentation proportional to the 10 consisting of : regime used the British First-Past- per cent. At the same time, voters The-Post (FPTP) system. The PR would also choose candidates on – President of the Constitu- system applies only to the national provincial ballot for nine provincial tional –Court (Chairperson) and provincial elections. For the legislatures. – Representative of Human local elections, a combination of As with all PR systems, candi- Rights Commission the FPTP and the OPR system dates contest elections not as indi- – Representative of Commis- was preferred. The rationale for viduals but as party members, and sion on Gender Equality this arrangement was the need to voters vote for the party and not in- – The Public Prosecutor maintain some degree of access­ dividuals. This, as has been pointed • The interview panel then sub- ibility and accountability at the by some scholars, can have negative mits the names of eight nomi- local level. tendencies of alienating voters from nees to the Portfolio Committee The choice of the PR system was, their representative.

14 EISA Election update south africa 2009

Limitations of the of the ANC in parliament, started have been great successes, so that Proportional agitating for the institution of floor- South Africa is now in a position to Representation (PR) crossing. Eventually legislation was hold successful elections without System put in place – The Constitution any challenges to the legitimacy As indicated above, the PR system of the Republic of South Africa of the electoral processes and their was introduced as a compromise Amendment Act of no 18 of 2002 outcomes. The system appears to accommodate minority interests (for local government) and the to have entrenched itself and the and obviate the occurrence of Constitution of the Republic of professionalism and impartiality single party dominance. Despite South Africa Amendment Act of with which the Electoral Com­ the continued dominance of the 2003 (for provincial and national mission has conducted past elections ANC, it can be argued that the government) – to establish floor- has earned it legitimacy from all system has indeed achieved the crossing. The two acts provide for political players and from society original intention of accommodating two designated window periods, at large, witnessed by the high trust minority interests and achieving each lasting two weeks, during ratings the IEC receives in public 5 some degree of political stability. which public representatives are opinion surveys. Thus it is unlikely But the PR system is not without allowed to cross the floor to another that we will witness any possibility its limitations. One of the conse- party or to form a new party without of the ANC government expanding quences of its accommodation is the losing their seats. its executive powers and deploying inevitable proliferation of minority As it turned out, floor-crossing them for the intimidation of the parties and a weakening of the op- did not benefit opposition parties. opposition, or the rigging of the position parties, which has been The ANC was the main bene­ficiary. elections, as has happened in many the case since 1994. Furthermore, In the floor-crossing period since other African countries. this may in certain cases result in 2003, the main opposition parties ethnicisation or racialisation of poli- fared badly; the ANC, on the other ENDNOTES tics. Secondly, the PR List system hand, succeeded in attaining a two- 1 Southall, R. 2003a. The State of Party invariably removes power from thirds majority in the National Politics: Struggles Within the Tripartite Alliance and the Decline of Opposition, in the electorate to the party, which Assembly, further undermining Daniel, Habib, and Southall (eds) State of ultimately exercises the powers the representation of the already the Nation: South Africa 2003-2004, Cape of drawing up the Lists with the smaller parties in the wider political Town HSRC Press, pp. 53-78. Giliomee, H., and C. Simkins (1999) (eds) The inevitable accusation of manipula- system. Thus, despite its positive Awkward Embrace: One Party Domination tion. Ultimately, party candidates attributes, floor-crossing in South and Democracy, Cape Town: Tafelberg. 2 Jung, C. and Shapiro, I.1995. South Africa’s become more accountable to the Africa has engendered the prolif- Negotiated Transition: Democracy, party rather than to the electorate, eration of smaller ineffective par- Opposition and New Constitution Order, and therefore minimum links exist ties and further weakening of the in Politics and Society, p. 272. 3 Southall, R., (2003a) The State of Party between the electorate and public opposition. Thus it is reasonable Politics: Struggles Within the Tripartite representatives. to conclude that the opportunistic Alliance and the Decline of Opposition, It is these perceived limitations in John Daniel, Habib, and Southall (eds) experimentation with floor-crossing State of the Nation: South Africa 2003-2004, which have led to calls for the reform by the opposition parties has not Cape Town: HSRC Press, pp. 53-78. of the PR system. According to some advanced the processes of demo- 4 Suttner, R., (2006) Party Dominance Theory: Of What Value? in Politicon 33(3) scholars, a more efficacious system cratic stability. pp277-207 appears to be the Mixed Member 5 68% of citizens trust the IE compared to Proportional (MMP) representation Implications for the 2009 the 52% that trust National Parliament. Roberts, B., 2008. Between trust system, where PR is combined with Elections and scepticism. Public confidence in FTPT. This, it is argued, provides Against the background of the institutions, HSRC Review, Volume 6 - No. 1 - March 2008, Human Sciences a much more effective representa- foregoing analysis, what then are Research Council, Pretoria. tion and provides effective linkages the implications for the 2009 elec- between public representatives and tions? What impact is the electoral the electorate. infrastructure likely to have on the elections? Floor-crossing The foregoing analysis would Finally, let us consider the impact seem to suggest that democratic floor-crossing has had on the state institutions have taken deep roots of democracy. Floor-crossing was and legitimacy, so contributing not part of the package of the towards the consolidation of the transition agreement. It was only in electoral system. Indeed, it can be 2000 after the second election when argued that South Africa’s transition the smaller parties, assuming that to democracy and the experience they could erode the dominance of the last three general elections

15 EISA Election update south africa 2009

The Workings of South African Electoral System Is the playing field level?

Dirk Kotzé – Unisa

The legal framework of elections economic well-being of the people. provides the most important indi- normally affects a wide range of fac- Improving the quality of democracy, cation whether the electoral play- tors that will determine whether the however, does not depend solely ing field is level in South Africa. playing field is level. First there is or primarily on procedural matters It also implies that all legislative the electoral system; secondly, there (such as elections), but also on the and executive actions in relation to are the electoral procedures that impact of legislation on a society. elections have to be constitutional, determine the rules of participation Moreover, it depends not only on which gives the judiciary a more in the election; thirdly, there is the whether the members of parliament prominent status in relation to the conduct of the participants, which are freely elected, but on whether legislatures, than in parliamentary can only partly be regulated by the they promote and adhere to the systems. legal framework; and, finally, there basic constitutional principles and The constitutional provisions are factors within a broader environ­ values once they are elected. A relevant for elections are the ment, such as the media, which are third important determinant of following: in some instances also subject to the quality of democracy – and legal regulations. pertinent to South Africa – is whether • Section 1(d): as a sovereign and The legal framework of elections the political system can reach an democratic state, South Africa is exceptionally important, because optimum equilibrium between the is founded on a set of basic val- the risk of violence and disruptions demands of representation and of ues, including ‘universal adult have become much more visible, as participation. suffrage, a national common recent elections in Lesotho (1998, The quality of elections is voters’ roll, regular elections and 2007), Madagascar (2001), the DRC therefore also affected by the a multi-party system of demo- (2006), Nigeria (2007), Kenya (2007) credibility of elected institutions cratic government, to ensure and Zimbabwe (2008) have vividly (i.e. the quality of representatives, accountability, responsiveness demonstrated. A relatively new their standards of ethical conduct and openness’. challenge for legal regulation is and their ability to address the • Section 19 (in the Bill of Rights): to manage not only the election main societal issues). Though the every citizen (not ‘everyone’ as campaign and polling day, but legal dimension of elections might in most of the other Chapter 2 also the high-risk period after the be acceptable and democratic, clauses) is free to make political election, when the results have to be matters such as opportunistic floor- choices. They include the right accepted and implemented. South crossing, corruption, nepotism to form a political party, to par- Africa had a semblance of it after the and other malpractice by elected ticipate in the activities of, or 1994 general election in KwaZulu- representatives can undermine recruit members for, a political Natal and after 1999’s election when it. Furthermore, defective legal party, and to campaign for a coalition governments had to be arrangements can be overcome political party. Every citizen has negotiated in the Western Cape and by opportunities for public also the right to free, fair and KwaZulu-Natal. participation and exemplary regular elections for any of the Why is it important to look conduct by the representatives. official legislative bodies. Every at the electoral legal framework The first and ultimate test of adult citizen has the right to vote in assessing the playing field? the legal quality of the electoral in secret in elections for any of Sometimes an election is an end framework in South Africa is the the official legislative bodies. in itself, but in most instances Constitution, 1996. Citizens have also the right to it is a means towards an end. stand for public office and to The end should be to improve The 1996 Constitution hold office. the quality of democracy in a In view of the Constitution’s status • Sections 46 and 47: they prescribe country. Improving the quality of as the supreme law of the land, and the electoral system to be used democracy itself should also lead therefore constitutional supremacy, for the National Assembly and to the improvement of the socio- it follows that the Constitution the qualifications of candidates.

16 EISA Election update south africa 2009

The electoral system has to be as applied in Germany, Lesotho determined that prisoners are dis­ determined by national legisla- and in local government elections qualified as voters only if they tion and it must be based on: a in South Africa were therefore serve a sentence of imprisonment common voters’ roll, a minimum possibilities. The ETT was divided without the option of a fine. It voting age of 18 years, and a in its recommendations, with a was declared unconstitutional by system that ‘result[s], in general, majority report proposing the the Constitutional Court in 2004 in proportional representation’. adoption of a mixed system, and (case CCT 03/04). Before the 1999 To be a parliamentary member, a minority report recommending election the second Electoral Act one must qualify as a voter, but retention of the status quo. The (1998) was adopted by Parliament. will be disqualified if: division within the ETT enabled the It did not specifically exclude – appointed by, or in the service government to maintain the current prisoners as voters. In preparation of, the State and is remuner- closed party-list PR system. In the for the election, however, the IEC ated for it; 2009 general election, a number disqualified them in the electoral – he/she is a member of the of political parties are calling for regulations. In the subsequent other parliamentary house, a the adoption of a mixed electoral Constitutional Court case ‘August provincial legislature or a local system, including the Democratic and others v Electoral Commission council; Alliance, the Inkatha Freedom Party and others’ (CCT 8/99) the court – an non rehabilitated insol- (IFP), the Congress of the People declared it unconstitutional. In 2004, vent; (COPE) and the United Democratic therefore, all prisoners could vote. – declared to be of unsound Movement (UDM). The second contested category mind A second significant determina- of voters is South African citizens – anyone convicted after 1994 tion by the Constitution is that only residing abroad for a prolonged of an offence and sentenced to South African citizens are extended period. Section 33(1)(b) and (e) of more than 12 months’ impris- electoral rights. ‘Every citizen’ here the Electoral Act determine that onment without the option stands in contrast with ‘everyone’, the following categories of persons of a fine. The disqualification which is the form used in relation qualify as voters from abroad: expires five years after the sen- to all the other Chapter 2 human tence has been completed. rights. Political rights are ostensibly • Persons outside South Africa on – Sections 105 and 106: deter- limited to nationality and are not government service (and their mine the electoral system and general human rights. households) qualification of candidates for A third significant constitutional • Persons temporarily absent from provincial legislatures. These determination is that citizens have South Africa for the purpose of provisions are a duplicate of the right to free, fair and regular holiday, a business trip, attend- those applicable to the Na- elections. Free and fair elections are ance of a tertiary institution, an tional Assembly. therefore not only a noble objective educational visit, or participa- but a right. Once recognised as a tion in an international sports These sections raise a number of right, it must be enforceable. Who event. important matters. The first is that has to take responsibility for it? The the Constitution does not identify first possibility is the government, At the time of the 2004 general elec- a specific form of proportional but as the ruling political party it tion the exclusion of a significant representation as electoral system. cannot be ‘player and referee’. More number of South Africans was For the 1994 and 1999 general likely it would be the institutions already a contentious issue, as ar- elections a PR system based on responsible for managing elections, gued by the Democratic Alliance. rigid party lists was used. For the in other words, the Independent In November 2008 the DA leader, elections thereafter, the Constitution Electoral Commission. Secondly, it Helen Zille, again discussed the determined that national legislation could also involve the judiciary (in- matter with the IEC. Early in 2009 should be adopted, but after a cluding the Electoral Court), which the DA decided to refer the matter proper review. Hence the cabinet’s has to deal with serious electoral to the Constitutional Court. At the appointment of the Electoral Task disputes. same time the Freedom Front Plus Team (ETT) chaired by Frederik van A further significant consti­ took the matter up on behalf of Zyl Slabbert. The fact that the only tutional stipulation is that all citizens Willem Richter – a South African constitutional prescription is that have the right to vote. Two categories teacher working in the UK – at the the electoral system should result of voters have become controversial Pretoria High Court. On 9 February in proportional representation in this respect and the focus of 2009 the Court ruled that this dis- meant that systems such as the litigation. The first is the category of qualification as a voter is unconsti- mixed member proportional prisoners. Section 24B of the Electoral tutional. At the time of writing the repre­sentation system were not Act (1998) was an amendment Constitutional Court still has to pass excluded. The mixed systems included in 2003 which explicitly judgement on this case.

17 EISA Election update south africa 2009

The constitutional framework liaison committees. A prototype of a accept the nomination process as approaches elections as a human timetable is provided in the Electoral fair. In some instances the deposit rights matter (and not a political is- Act’s Schedule 1. Immediately after is prohibitive for small parties, but sue) and therefore provides a strong proclamation of the election date that is exactly its purpose: to prevent basis for democratic political rights. in the Government Gazette the IEC too much of a proliferation of small A number of court cases – mainly has to publish the official Election parties. The IEC fees for nomination against the IEC – have been used to Timetable. It provides the cut-off are R180 000 for participation in the enforce these rights. The fact that the dates for all the steps in the electoral national election, and R40 000 per Constitutional Court’s authority is process. Raising controversy in the province per each party contesting respected means that the basic legal past was parties registering late or in such elections. framework is very strong. submitting their lists of candidates The Electoral Code of Conduct The next step is to investigate the or paying their deposits after the plays an important part in regulat- statutory aspects of this framework, closing date. Non-compliance with ing proper conduct by the parties which provide the details of the these requirements leads to au- and candidates. Its purpose is to electoral process. tomatic disqualification. A recent promote the values underscoring example of such disqualification the Constitution in general and The statutory was the ANC’s exclusion from 15 the elections in particular. It also framework local government by-elections in the serves as a basis on which political Legislation that has a direct rel- Western Cape at the end of 2008. tolerance can be promoted. The evance for elections in South Africa Often a sensitive matter is the Code includes a public commit- and that also affects the role played requirements applicable to political ment that everyone has the right by political parties is the follow- parties to participate in elections. to freely express his or her political ing – One of the most common undemo- beliefs, to challenge and debate the cratic practices in the conduct of political beliefs of others, and to • Electoral Act, 73 of 1998 elections is to disqualify parties freely canvass and campaign. It also • Electoral Commission Act, 51 and/or their candidates even before lists prohibited conduct such as the of 1996 the election starts. In South Africa it use of language or acting in a way • Public Funding of Represented is the IEC’s responsibility, and not that may provoke violence during Political Parties Act, 103 of that of a government body, to reg- the election or that may provoke 1997 ister political parties. In 2009 more intimidation. It also prohibits the • Independent Broadcasting than 150 parties were registered use of inducements or rewards Authority Act, 153 of 1993 with the IEC, many of them mainly during the campaign, the carrying for local government elections. or display of arms and weapons, or A number of regulations have been The Electoral Act’s section 26 abuse of a position of power. published in accordance with these determines the requirements for Violations of the Code, espe- Acts. A few examples are the Regu- political parties to contest elections. cially during the campaign period, lations on Party Liaison Committees A party must be registered and must are one of the categories of electoral (1998), Regulations for the Registra- have submitted a list of candidates. disputes. A number of dispute reso- tion of Political Parties (2004) and Section 27 prescribes how these lists lution mechanisms are available to amendments to these regulations should be submitted. In addition to deal with these matters: (a) the party (2008), Regulations concerning the the list, the party should bind itself liaison committees, (b) the IEC itself, submission of lists of candidates, and its candidates to the Electoral (c) conflict mediation panels, (d) the and Regulations concerning the Code of Conduct. It should include police, and (e) the Electoral Court, registration of voters. a declaration by each individual among others. The Electoral Act constitutes candidate that he/she accepts the A statutory element which is a comprehensive framework that nomination and the Code of Con- arguably not producing a level deals with all the technical aspects duct. The lists must be accompanied playing field is the Public Funding of general elections in the national by a deposit for the national election of Represented Political Parties and provincial spheres of govern- and for each of the provinces in Act (1997). According to the Act, ment. Local government elections which the party is involved. parties represented in the national are governed by a separate electoral These legal requirements are well Parliament and provincial legisla- act. Only those aspects that can af- established by now. Since 1998 they tures annually receive public funds fect contestation between the parties have remained the same and parties from Parliament for a range of and bureaucratic interference in the are well acquainted with them. party functions, such as to develop election will be discussed here. The IEC has avoided amending the ‘the political will of the people’, to Very important for transparency legislation too often, and this has inspire and further political educa- in the election are two mechanisms: contributed to a predictable legal tion, to promote active participation the election timetable and the party environment. Parties in general by individual citizens in political

18 EISA Election update south africa 2009 life and similar objectives. About rial comments, political analysis ate alongside or parallel with an 90% of the annual funds are dis- and news reporting. Parties often electoral system. tributed on a proportional basis to accuse the SABC of bias in favour the parties, and the remaining 10% of the ANC, or recently in favour The PR system is not intrinsically is distributed equally among all the of COPE. This is an area which is undemocratic. Many states are per- parties. The largest chunk of this hard to regulate, because it affects fectly content with it. One of the fund obviously goes to the ruling media independence and freedom, main democratic advantages of the party with the smaller opposition freedom of expression and similar South African PR application is that parties getting the crumbs from the considerations. it treats all votes as absolutely equal table. The funding is terminated The statutory framework, gener- in value, because the threshold is three weeks before an election and ally speaking, is not manipulated by the absolute minimum, namely the parties have to repay whatever is the majority party in its favour. With quota for one parliamentary seat. left of that year’s funds. a few exceptions, the playing field is Small parties benefit from it, The fact that most of the funds relatively level. The most inhibiting because their representation is are distributed on a proportional factor is not a legal one but parties’ directly equal to the number of basis can be justified as one of the access to financial resources. This votes they received. The problem dividends for winning an election is the single most important factor with the electoral system is there- or being a major opposition party. which prevents a level playing field fore not amongst the parties, but When it is considered that, although in all respects. between the parties and the voters. this is not specified as such, much Some argue that the electoral Representivity is another considera- of the funds can be used in the early system of PR party lists also has a tion. According to the Report of the part of a party’s election campaign negative impact on the quality of Independent Panel Assessment of and that only the last three weeks democracy. This should be briefly Parliament (13 January 2009), Par- are excluded, then the proportional considered. liament will be representative if it is distribution perpetuates the advan- ‘socially and politically representa- tage into the election period. While The electoral system tive of the diversity of the people, proportionality can be justified As already indicated, the Consti­ and ensuring equal opportunities while parties act as government or tution’s main prescription is that and protections for all its members’ opposition, at the time of an election the electoral system must result, in (page 22). Representivity, according the principle of equality should ap- general, in proportional representa- to the Panel, is determined by the ply. Public funding does not follow tion. Up to the 2004 general election rights in Section 19 in the Constitu- that principle. the PR system based on rigid party tion. It means that they are satisfied Another statutory provision lists was used. The same system will that the legal requirements for rep- which is specifically directed at also be used in the 2009 election. resentivity already exist, and that levelling the playing field is in rela- The system has been criticised their application in practice is the tion to the media. The Independ- mainly from the point of view that main concern. In the 2009 election ent Communications Authority of it does not promote the values of campaign the DA, IFP, COPE, UDM South Africa (ICASA) is responsible accountability and representivity. and AZAPO are proposing changes for the ‘Party Elections Broadcasts In the absence of constituency rep- to the electoral system, such as a and Political Advertisements Regu- resentatives, voters feel alienated mixed-member proportional rep- lations’ in terms of Section 78(1) from the elected representatives. resentation system and a directly of the Independent Broadcasting The Electoral Task Team (ETT), elected President. Authority Act. It regulates party chaired by Van Zyl Slabbert, made Progress was made in granting political advertisements and broad- the following succinct observation more credibility to the electoral casts during the election broadcast about the relevance of an electoral system when floor-crossing was period (i.e. from the submission system for accountability and other abolished. Electoral reform might date of party lists to the IEC, up to democratic values (ETT, page 9): follow, though an important consid- 48 hours before polling day). eration will be notable tendencies in During this period the condi- The point was emphasised that no the 2009 election results – especially tions are regulated for acceptance, electoral system can compel an the ANC’s. South Africa is not in the editing and rejection of political elected representative to behave situation of Lesotho (1998), where a adverts and broadcasts; the time democratically, take care of a con- post-election political catastrophe period allocated to each party, and stituency or party responsibilities, forced that country to review its related broadcasting specifications. or be a disciplined, dedicated Mem- electoral system. In this respect no difference is made ber of Parliament. In so far as these between any of the parties. issues may relate to accountability, Conclusion More problematic, however, is additional measures, policies, rules South Africans are fortunate that equal treatment in respect of edito- or regulations are needed to oper- the electoral legal framework is

19 EISA Election update south africa 2009 dominated by the Constitution. The the playing field in respect of the completely level playing field. An Executive respects the rule of law law is relatively level. However, in advantage of the South African elec- in this regard, even though judge- political and other terms the princi- toral architecture is its diversity, its ments have created many logistical ples of power and influence apply checks and balances and its ability headaches for the IEC. In general, and therefore one cannot expect a to resolve disputes.

20 EISA Election update south africa 2009

The ANC and COPE Fleeting phenomenon or substantive opposition?

Susan Booysen – University of the Witwatersrand

Introduction time to give others a ‘turn at the and the broader impact of COPE on On the surface, COPE appeared to trough’, or whether it had accumu- the field of opposition politics in be a political party unlike any other lated an identity that transcended South Africa. that had emerged in the opposition the immediate circumstances of its domain since 1994. In its origins origins. COPE’s origins: it was significant. In its potential This analysis focuses on the Leveraging opposition catalyst role, it seemed to have malleability, ambiguity and un­ status the potential to ring in a new era certainty, also the anticipation, COPE derived legitimacy largely in opposition politics. Whilst the which the 2009 COPE phenomenon through its origins. As Jordan (2008) chances remained that it could still unleashed on party and opposition notes, it is ‘an opposition formation emerge battered and belittled from politics in South Africa. The analysis sprung from the very loins of the the 2009 election campaign, also thus equally poses questions as to ANC and led by former ANC because of its Mbeki links, there the COPE agenda, its character as leaders’. COPE nurtured this status was little doubt that party politics party, and the question whether in the face of pervasive ANC efforts in South Africa would never be the it may evolve from fleeting to to prove COPE to be illegitimate same again. substantive opposition. The and virtually treasonous in its The ANC’s 2009 contest with questions are assessed against dissent and digression from the COPE was also nothing like its en- the background of emergence of ANC. There was the ANC argument gagement with any other opposition COPE, COPE in the campaign of inviolability of the liberation party in South Africa’s preceding period, possible election results, movement bond, suggesting three post-apartheid democratic and COPE’s post-election prospects. oppor­­tunism, sore losers, and the general elections of 1994, 1999 and Because of the March 2009 time of dissident’s rejection of processes 2004. COPE fell into the category writing, the analysis is concerned of ANC internal democracy (see of ‘legitimate’ opposition, helping principally with the pre-election COSATU 2008). For example, Mal­ to break the compulsive closing of period. ema (2009) stated that COPE was electoral ranks around a hallowed not a new political party, but only ruling party. COPE also wreaked COPE in campaign a continuation of the Polokwane uncertainty about electoral out- contest with the ANC third-term (for Mbeki) campaign. comes. For the first time in the COPE in its under-siege-by-the- In contrast with COPE, many post-1994 period an opposition ANC 2009 election campaign period ANC members recognised internal party would carve into the ANC’s proved itself to have an effective problems in the former liberation support base, challenging its hege- period-specific opposition party movement yet insisted on staying monic status. Triggered by COPE’s presence. It demonstrated the long- inside and riding out the storm from potential to precipitate a decline held common political wisdom that this perch. in ANC support, it also handed effective opposition would have to Parts of the ANC’s discomfort new prospects to opposition par- be ‘legitimate’ opposition (even if with COPE stemmed from COPE ties, besides possibly also inflicting this legitimacy was denied by the having externalised internal ANC- damage on them. The new prospects ANC). Much of COPE’s pre-election liberation movement matters, push- came through potential opposition presence was through the party ing these into the domain of inter- alliances that were envisaged as establishing itself, and developing party competition. The democratic- substantial enough to capture en- an identity, whilst every aspect of liberal domain is conventionally claves of power from the ANC. its evolvement was closely inter- a space with limited forbearance However, undermining these rogated and challenged by its ANC for the deeper dynamics of social COPE prospects, were questions nemesis. In exploring the contest be- relations, especially in the context of whether COPE was in fact the tween the ANC and COPE, this sec- of the historical wrongs against sum total of the Polokwane Mbeki tion considers COPE’s ‘privileged’ which the liberation wars were camp’s refusal to accept that the origins in garnering significance, its fought, and (what could amount to) wheel had turned and that it was emerging identity vis à vis the ANC, the long-term justification of slow

21 EISA Election update south africa 2009 transformation. From the liberation tial candidate Mvume Dandala was gone wrong in the period since the movement ethos, liberation move- being portrayed as the compromise ANC had started deviating from the ment governments are afforded candidate installed with the crucial ideals of the liberation movement, more time and understanding for support of the Shilowa grouping, roughly equated with the run-up to turnaround. said to be backed by Mbeki; all to December 2007. COPE stressed the In addition, in the party political the chagrin of Mosiuoa Lekota, the ANC’s aberrant ways of govern- arena, it troubled the ANC that the interim President of the party who ment and relating to the community issues for contest that COPE aired had invested much energy building (corruption, disrespect for the Con- resonated with both the perceptions the party. stitution, judiciary and Rule of Law, of a large segment of the ANC’s arrogance of the post-Polokwane usual support base, and also the COPE as catalyst in ANC). It placed less emphasis on bulk of the opposition attacks. debates countering the policy divergence, accentuating ANC cures for the ills (COPE 2009). COPE Ideology, power and COPE’s positioning in the campaign clearly was affected by its complic- class was anchored in its countering of ity of having been in power along The ideological lines in the ANC the post-Polokwane ANC and the with the ‘accused’, yet advocated COPE contest were intensely ANC’s style in government, thereby the virtues of what amounts to po- blurred. More than ideological, it building an identity that harnessed litical ‘new page-ism’. included a dimension of an ANC a more general growth in disaf- The question of COPE’s status as census on whether it had been time fection from the ANC (see Ipsos- opposition force cannot be divorced for Mbeki to exit. In a further divi- Markinor 2009; Schultz-Herzenberg from the subtexts of the Zuma- sion, there was a notion of the wheel 2009). This fuelled penetrating Mbeki fallout, which climaxed in turning and giving a new group of debates on the nature of democracy Polokwane and had its denouement aspirants access to state power and and opposition in South Africa, and in the subsequent recall of Mbeki. the benefits that accrue from privi- positioned the debates in the heart (Mbeki was subsequently replaced leged placing. The division bell thus of the 2009 election campaign. by Kgalema Motlanthe.) COPE’s rang along the lines of an amalgam COPE thus attempted to put emergence brought a reversal of the of ideological, rotation of power (to its direct linkage to the losing preceding conviction that the ANC defeat personal power monopolies camp of Polokwane behind it, would split to its left (see Booysen in the heart of democratic systems), focusing instead on the year 2008, 1998), to the extent that a left-right and profound class interests (on the principles in the September 2008 split was at stake. the latter, see Jordan 2008; also see recall of Thabo Mbeki by the ANC It came to pass that the ANC ANC 2009).1 as the President of the Republic, split would, in fact, be to the right. What resulted ideologically was and in particular on the ANC errors The numerically weak left, through a COPE that was in some respects to of the time. COPE portrayed the the political opportunity structure the centre-right of the contemporary ANC as having deviated from the that was manifested, backed Zuma ANC, as articulated in policies and ideals on which it was formed. It against Mbeki for the 2007 ANC formal proclamations. As judged argued that the ANC had become leadership contest, mobilising to by conflicting class interests in the arrogant in power and weak in deliver an apparently permeable ANC that combined with feasible the quest to uphold clean and candidate that could further its and likely levels of conversion of accountable government. ‘It is cause. This backing would help policy statements into government important for people to have a rid the ANC of a leader who was action (also see COSATU 2009), feeling of a grassroots response reluctant to see a successor whom however, the ANC and COPE were to a serious political problem: the he had not anointed step into ‘his’ largely equivalent. COPE posi- deviation of the ANC from the seats of power. tioned itself as the party that would ideals of the movement’ (COPE’s Debates were also directly ensure that government operated in Saki Macozoma in Kgosana 2009). promp­ted by the legal charges line with South Africa’s founding In squaring with COPE and against, and tentative trials around, constitutional ideals, and a govern- other opposition parties, the ANC Jacob Zuma. Whilst the shadow of ment that would be in touch with telescoped its period in government, Mbeki encouraging or facilitating popular needs. Its vision was one since April 1994, into virtual uncon- the charges loomed, these were im- of anti-post-Polokwane ANC and tested territory of the ANC working mediate campaign-relevant issues what this ANC was seen to em- against colonialism-apartheid to such as clean government and re- body. The Mbeki shadow loomed make an increasingly substantive spect for the judiciary that impacted large over many of these ideals ‘difference to people’s lives’. It was on the contest. Real or artefact, it and programmes (see, for exam- a continuous process, the outcome was COPE’s lifeblood. Many South ple, Rossouw & Mataboge 2009). certain. In contrast, COPE adopted Africans who had either become Amongst others, COPE’s presiden- the shorter term focus of what had disillusioned or alienated from the

22 EISA Election update south africa 2009

ANC, or had never actually been and indirect form. In direct form, COPE in the stakes for close to it, converged in the chords the ANC campaigned to stress its Election Day support that the anti contemporary ANC respect for the institutions of de- Irrespective of noble sites of origins objections struck. mocracy, including the judiciary, and being the catalyst in debates and its respect for the Constitution and realignments that go to the COPE in campaign combat of South Africa. It emphasised how heart of South African democracy with the ANC much it would work for clean, and government, COPE could still, The ANC was waging an unprec- corruption-free government (see come 22 April 2009, end up as ‘just edented electoral onslaught on Zuma 2009). In indirect form, the another opposition party’. On the COPE. By all indications, COPE efficacy of COPE as opposition in other hand, it could become vindi- was the opposition party of choice the campaign period could be read cated as the opposition party that for ANC attacks (see, for example, from the vehemence of the ANC broke the mould of undisputed Joubert 2009). This ranged from reaction against both the formation ANC dominance, blocked a further unleashing its propaganda machine and the subsequent campaign of two-thirds ANC majority (also see on COPE, rooting out possible de- COPE (see above). Pityana in Forde 2009b), played fectors in wall to wall provincial Another profound pre election catalyst to a possible realignment of grassroots clean-outs of leadership COPE impact was in the general opposition, and worked in alliances on all levels (for example in the East- opposition domain. Opposition with opposition to give the ANC a ern Cape; Frölick 2008), and also was elevated from a staid field run for its money, in places, in an using Chancellor House2 proceeds of opposition parties that was expression of ‘liberation movement to help fund election campaign ex- often pushing decimal changes blood is not thicker than water’.3 penses. It was the scope of this quest in electoral performance, without Early indications were that to counter COPE, more than any detracting from the ANC’s support COPE persisted in its ambition to formal acknowledgement, which base. COPE’s penetration of this cooperate with other opposition indicated the ANC’s self-perceived base (the extent remained uncertain) parties to oust the ANC in some vulnerability in the face of the COPE would result in a loosening up of provinces. The 2009 election was challenge. opposition politics. being noted as an event of ten The timing in this contest was Whilst it was unlikely (see elections – one national and nine advantageous to the ANC. The below) that COPE, in its own provincial. Later on, there were movement had the time, roughly right, would pull off huge national suggestions that alliances with the from November 2008 onwards, to damage to the ANC, opposition ANC were not impossible (also see allay fears (for example, on respect parties came to be on a brink of Forde 2009a). for the judiciary, the Rule of Law) pooling election percentages to stage and correct some of its ways (recon- new inroads, such as provincial Outcomes of the nect with grassroots and mobilise in take-overs, in which COPE could ANC-COPE duel new populist forms). potentially be instrumental. By March 2009 the jury was obvi- COPE was only going to per- In the campaign period there ously out on the exact outcome of form optimally until the ANC had was continuous talk of possible the ANC-COPE duel. There was the time to regroup, mobilise and alliances (although tentatively so; little doubt, however, that the ANC unleash its formidable election and and occasionally even with refer- would emerge substantially victori- propaganda machine. COPE had ence to a possible alliance between ous. Yet, for the governing party, little unhindered space and time to the ANC and COPE; see below), for COPE and opposition politics solidify as a party. including COPE with the DA and in general there would be a world From the moment of its concep- ID in the Western Cape, and with of difference between a COPE with tion, it was continuously pinned the UDM in the Eastern Cape. a stature of 5, 10, 15 or 20 per cent. down by the ANC. In line with its The differences between many Veiled in these percentages were post 1994 track record with opposi- of these parties were often over- the three main dangers-prospects tion parties, the ANC was masterful ridden by their shared critiques of of the ANC losing its two-thirds in its efforts to delegitimise and con- the ANC. majority, in an extreme option even tain specific opposition parties. From these perspectives, it defending its outright parliamen- could be surmised that even if tary majority, and the DA running Early traces of COPE would turn out to have the risk of being eclipsed as official effectiveness as been a mere catalyst, a trigger or opposition. opposition party a fleeting opposition phenomenon As time proceeded, the scope Irrespective of flaws and questions, at best, it would in retrospect be of the COPE challenge became COPE’s early pre-election efficacy justified in claiming a substantive clearer. At the outset, in the heat of as opposition party was tangible in a impact on opposition politics in Mbeki ‘recall’, and upon evidence series of ANC signals, both in direct South Africa. that the new party was actually

23 EISA Election update south africa 2009 splitting off the ANC, expectations In assessing COPE’s specific (see Ipsos Markinor, 2009; HSRC reached upward of 20 per cent chances, it is useful to recognise the 2009; Plus 1994 2009). The UDM (2.3 support for COPE. Enthusiasts odds of opposition parties claiming per cent in 2004) and the ID (1.7 per translated Mbeki’s roughly 40 per huge proportions of ANC support. cent in 2004) had small niche voter cent of Polokwane support into Political and class realities of con- appeal that could be sustained but national electoral totals. However, temporary South Africa, along with they appeared more likely to suffer it soon became evident that COPE the ANC maintaining its substantial shrinkage. was most unlikely to become a 40 infrastructure, and its reputation of Based on the totality of available percent party. Rather, it seemed to both former liberation movement opinion poll data, and the results be fitting into the range of, at best, and post-April 1994 governing par- of the four sets of municipal by- just above the DA.4 ty, opposition parties are virtually elections from late 2008 to March assured of not making far-reaching 2009, it became possible by March Second only to the ANC, gains. In the run-up to April 2009 2009 to venture rankings of how or to the ANC and DA? there was a widespread consensus COPE might perform, come 22 April An assessment of the past election that the ANC would lose some 2009, in the race against the other performances of South Africa’s post- support and that the opposition opposition political parties. 1994 opposition parties sheds light harvest could just be sufficient to The following two sets of trends on the likely fate of COPE, should carve away its two-thirds majority. thus inform the rankings that are its electoral performance not match COPE was likely, given the balance proffered, in hypothetical form and the expectations of its emergence. of forces and judged by prevailing based on the author’s interpreta- Opposition parties had slipped in poll and by-election trends, to be tions, in Table 1: the percentage stakes as the ANC the main opposition beneficiary of first reached a two-thirds majority ANC losses. 1. Regarding polling data, huge in 1999, and when the ANC in 2004 There was not as much con- amounts of uncertainty resulted and the 2005 floor-crossing episode sensus on other forecasts. It was a from divergent polling results, broke the 70 per cent barrier (see recognised possibility that COPE based on data that at the time Booysen 2006). At the time, debate could surpass the DA’s 12.4 per of writing mostly came from often centred on the ANC increas- cent of 2004, but the DA might late 2008. Different polls also ingly building larger and larger subsequently have improved on had different treatments of the majorities, on the basis of shrinking this score. There was a further pos- undeclared voters (stating either turn-outs and ritualistic affirma- sibility that COPE could eclipse the that they had not decided whom tions of the ANC. COPE could have IFP but not the DA, given the IFP’s to vote for, or that they refused put an end to this trend. apparent decline in KwaZulu-Natal to share their preference). These A common tendency in the three preceding elections was that only Table 1: COPE in possible election result standings four to five parties, including the * winning ANC, would achieve more Scenarios for COPE vis-à-vis ANC Ranking of possible party standings than 2 per cent of the national vote. and opposition parties out of 5** In 2004, the only opposition parties that could garner more than 2 per Beat the ANC 1 cent were the DA, IFP, UDM and Assist in cracking the ANC’s two-thirds 3.5 ID. In addition, it is usually less majority than half the parties that register for parliamentary participation that Help reduce ANC support to below 50% 1.5 gain representation. In 1994, 1999 Emerge as stronger than the DA, in 11- and 2004, respectively, 8, 12 and 1.5-2 15% range 11 parties gained parliamentary status. Of these, again respectively Come out in third place in 8-10% range 2.5-3 over the elections, 4, 7 and 7 gained Appear in fourth place, after the IFP, in representation but entered on below 1-2 2-7% range 2 per cent of the national vote, thus joining South Africa’s notorious Become another below 2% micro party 1 band of micro parties (see Booysen 2004), which have proven to have * These projections are specific to conditions on the ground in March 2009; see the section few prospects to flourish and grow.5 above regarding the data informing the rankings In 2009, 28 political parties were set ** Lowest likelihood:1 and highest: 5 to contest for parliamentary repre- Source: Author’s assessments, informed by the March 2009 balance of polling and by-election sentation. evidence

24 EISA Election update south africa 2009

ranged from the HSRC’s (2009, we can target even more than this impact on the future of COPE, sug- based on 2008 data) 3 per cent, to from the ANC’s vote.’ gesting, for example, whether COPE Ipsos Markinor (October 2008, To illustrate numbers of votes would proceed as an autonomous released December 2008) assert- from the three target sources, and party, or enter into alliances that ing a range of 8-12 per cent, to working on the author’s hypotheti- could, in due course, precipitate Plus-1994’s (2009, based on 2009 cal formula of COPE obtaining 50 new political parties, especially if data) 15 per cent vis-à-vis the 16 per cent of its 2009 votes from ANC these would be opposition parties. per cent national support fore- ranks, 25 per cent from opposition The result would thus offer hints cast for the DA. Ipsos-Markinor ranks, and a further 25 per cent as to possible future realignments (February 2009) data support from the body of new and dormant in opposition politics, with COPE for party and political leaders voters, the following is vote require- potentially acting as a catalyst for (Harris 2009) also showed a ments emerge (working on a 78 per post-2009 permutations in opposi- marked decrease in support for cent national turnout, amounting tion politics. With COPE having and trust of senior governing to 17.9 million voters out of the acted in the role of ice-breaker, it party leaders. In addition, there total electorate of approximately could be easier in future for other was a possibility that, given a 23 million): groupings to split from the ANC certain amount of persecution – although it is similarly possible that COPE supporters had ex- • To get 15 per cent of the na- that the ANC’s reaction in ‘dealing perienced, COPE would come in tional parliamentary vote, COPE with COPE’ could have an inhibi- with the known survey research would require 1.4 million of tive effect. ‘IFP effect’ – that of opinion polls former ANC supporters voting Comparative history of other under-measuring the party’s for it, plus draw 0.7 million from liberation movement governments level of support. the ranks of, first, the opposition was furthermore suggesting an 2. The by elections of 10 December parties and, second, new vot- increasing legitimacy of post-lib- 2008, and of 28 January, and ers. eration movement politics. COPE, 4 and 25 March 2009, spread • For 12 per cent national support, to date, had already reinvigorated across most of the provinces and COPE would require 1.2 million opposition politics in South Africa mostly in seats vacated through votes from ANC supporter ranks in general, and had shaken up the defections through COPE, prob- and 0.6 million each from former ANC to the effect of trying to correct ably revealed significant trends. opposition supporters and new apparent flaws and shortcomings. These included: the ANC con- voters. As this analysis shows, COPE tinues to win a huge majority • The corresponding required was a party with many flaws. Elec- of the seats that it had previ- number for COPE on the two tion 2009 would show whether this ously occupied, mostly by solid respective support levels of 10 mattered and made voters turn to huge majorities. However, and 8 per cent national support away (also back to the ANC), or these majorities were mostly would be 1 million ANC sup- whether antipathy and disappoint- also sliced into far more mod- porters and 0.5 million from each ment with the ANC had grown to est dimensions, and largely so of the other two categories; or 0.8 such an extent that a sizable group because of COPE. COPE would million ANC supporters plus 0.4 of voters would support COPE. often garner 15-25 per cent of million each from the two other the vote, seemingly off the ANC sources. ENDNOTES slate. 1 Jordan (2008) links the rise of COPE to In lieu of conclusion: the collective failure of the post-2002 Voter targeting COPE’s post-election ANC leadership (inclusive of both Zuma prospects and Mbeki) to address the contradictions Much of COPE’s April 2009 election of class formation and capital accumulation result will depend on the effective- The result that COPE achieves on 22 that the post-1994 policies had brought ness of its voter targeting. COPE will April 2009 will greatly impact on the about. Many in the emerging classes had come to treasure their access to public draw its supporters from three main future track of opposition politics sector positions, and the control of these sources: ANC ranks, supporters of in South Africa. In the broader con- positions over resources. These develop- other significant opposition parties text, the COPE result will indicate ments were also articulated in the ranks of the ANC, with, for example, ANC (such as the DA, ID and UDM), whether the South African elector- structures and members being active in and 2009 first time youth voters, ate is ready for post-liberation poli- capitalist enterprise and its associated practices, often through Broad-Based combined with dormant older vot- tics. It will indicate whether voters Black Economic Empowerment (BBBEE) ers who are unlikely to have voted were prepared to accept that COPE deals. since 1994. Shilowa (2009) referred had emerged as a political party 2 Chancellor House is the ANC’s investment arm, directly engaging in the business world, to the proportions of these targets, that bears an identity that is more swooping up profitable contracts (often noting ‘We can target 20 per cent of than the Polokwane loser’s circle. from government), and was virtually single- These factors will obviously directly handedly responsible for a formidable ANC those who had not voted since 1994; financial turnaround in the 2000s.

25 EISA Election update south africa 2009

3 By early March 2009 there were only a few, Africa. Election Update 2004. EISA, No. survey results concerning support for indirect indicators as to possible electoral 8, pp. 3−9. political leaders. SAFM AM Live, 26 Feb- strength of COPE, and these were often ––––– 1998. Trends in party-political opposi- ruary 2009. province specific. tion in South Africa: Ideological constraints Ipsos-Markinor. 2008. A credible alternative to 4 This article was submitted to Election on policy and strategy. Politeia. June, pp. the ANC – are voters ripe for the picking? Update on 6 March 2009. 29−51. Press release, 12 December 2008. 5 There was also the further phenomenon Congress of the People (COPE). 2009. A new Joubert, P. 2009. ANC’s dirty war on Cope. Mail of nano parties – those that split off from agenda for change and hope for all. Elec- & Guardian, 27 February 2009. the micro parties, either in the course tion Manifesto. Kgosana, C. 2009. Defector Macozoma favours of the former practice of floor-crossing COSATU Central Executive Committee. 2008. new agenda. The Star, 2 March 2009. or through non-parliamentary splits (for Defend our movement! Advance the gains Jordan, P. 2008. A Letter to Comrade Mtungwa, example, the split of the Pan Africanist of Polokwane! Expose and isolate the an old comrade and dear friend. Speech. Movement (PAM) from the Pan Africanist black DA! November. Johannesburg. Malema, J. 2009. After 8 Debate. SAFM, South Congress (PAC). ––––– 2009. Policy positions of the ANC and African Broadcasting Corporation (SABC), Government: Audit of the ANC Elections in interview with Tim Modise, 31 March. Manifesto, State of the Nation speech, and Pulse-1994. 2009. Democracy survey: South References Budget against the Polokwane Confer- African national and provincial elections. Pres- ence Resolutions. 23-25 February 2009. entation to the South African Broadcasting African National Congress (ANC). 2009. Elec- Johannesburg. Corporation (SABC). 26 March. tion Manifesto. Johannesburg. Forde, F. 2009a. Will the meek inherit the vote? Schultz-Herzenberg, C. 2009. Trends in party Booysen, S. 2006. The will of the parties versus The Star, 26 February 2009, p. 19. support and voter behaviour in South the will of the people? Defections, elec- ––––– 2009b. ANC adopts apartheid role. The Africa. Institute for Security Studies (ISS) tions and alliances in South Africa. Party Star, 1 March 2009. Briefing. Tshwane, 7 April. Politics, Vol. 12 (6), pp. 751−770. Frölick, C. 2008. Interview (telephonic). 6 Zuma, J. 2009. Fighting graft the ANC’s priority. ––––– 2004. Ten years of democracy and November 2008. Article written by Zuma for The Star, 26 the state of opposition politics in South Harris, M. 2009. Interview with SABC on February 2009.

26 EISA Election update south africa 2009

Party Political Contestation and Configuration of Power Likely scenarios of the election outcomes

Dirk Kotzé – unisa

Introduction challenged the ANC’s credibility as parties testing the public opinion Contestation in the 2009 election government: the UDM questioned about creating a public domain campaign is not yet focused on trust in the ANC; the IFP questioned for themselves which is not domi- well – defined electoral issues, and the ANC’s ability to produce results. nated by the ANC. One can expect therefore the choices of voters are All of them use corruption as a that with this election and future not necessarily mutually exclusive. serious challenge to the ANC’s developments smaller parties such In some instances the contestation moral fibre – as personified by Jacob as the ACDP, the PAC and its frag- is between the parties: the ANC Zuma. ments, AZAP, ID and UDM might as the custodian of liberation; The political scientist Robert converge into the bigger pool of COPE as a challenger to that A. Dahl (Polyarchy) emphasises opposition. At local level they might custodianship; the DA as traditional party contestation (together with be able to continue a bit longer. This opposition but emerging as aspirant inclusiveness) as the essence of predicted tendency of contestation – government; and smaller parties democracy. Therefore an election will possibly produce a three – party such as the Freedom Front Plus in which contestation is not scenario in which COPE and the DA (FF+), Independent Democrats (ID) optimised is not a true articulation will compete for dominance against and Inkatha Freedom Party (IFP) of democracy. In its purest form, the ANC. as regional or sectoral parties. At an election is premised on the another level, the contestation is expectation that the opposition Variables in the between sets of leaders or elites: can be the next government. In the election outcomes Jacob Zuma versus Helen Zille, South African context in 2009 such A number of variables will most versus Lekota/Dandala, versus an expectation is not realistic. In the possibly determine the election Holomisa, versus Patricia de provincial sphere of government results. The first is the distribution Lille. The contestation is about it might be possible, and in 2011 of the voter population across the their credibility, ethical qualities, it might be more feasible at local provinces. Three provinces on their potential to govern, or cooperation government level. own have more than 50 per cent of with other parties. Since the National Convention all the registered voters: Gauteng – A third level of contestation is at the end of 2008 a new urgency 23.58 per cent of all the registered between policy proposals, and a appeared to develop a broad net- voters; KwaZulu – Natal 19.29 per values contestation. South African work amongst minority parties. cent and the Eastern Cape 13.15 per elections are not yet primarily The 2009 campaign has been char- cent. Together they have 56.02 per characterised by voters’ rational acterised by parties maintaining cent of all the potential voters. It choice between policy proposals their identities but at the same means that the other six provinces – they are therefore not yet issue time finding their way towards a together have less than 44 per cent – driven similar to elections in common ground. They also keep of the total number of voters. Its other countries. The 2009 election their options open for coalition implications for campaign strategis- campaign – similar to the 2004 politics after the elections. Formal ing and for predicting the results campaign – is more characterised cooperation is excluded, because will depend in the first instance by a convergence of policies. The of its disastrous results in the past, on its strength in the three prov- Congress of the People (COPE) such as the NNP’s divorce from the inces. Limited exchange between introduced at the end of 2008 a Democratic Alliance (DA) and the the provinces is possible, but the challenge to the ANC’s legitimacy failure of the DA/IFP’s Coalition bottom – line is that a party needs as the custodian of the liberation for Change in 2004. substantive support in three or four values, especially those espoused The 2009 election is therefore provinces (not necessarily all nine), in the Freedom Charter. Other not only characterised by contesta- but provinces like the Free State, parties like the UDM and the IFP tion between parties, but also by North West or Mpumalanga are not

27 EISA Election update south africa 2009 decisive in determining the election 2004 they constituted about 19 per mentioned is that the last five years outcomes. cent of the total number of regis- have witnessed a major increase Too much emphasis on the tered voters – in increased in 2009 in the number of recipients and Western Cape at the expense of other to 24.24 per cent of the total. The therefore it can be a new factor in provinces will not be productive. proportion in the age group 30 – 39 the election, which was not present The Western Cape has emerged as years decreased from 26 per cent to in the past. A widespread belief is one of the most contested provinces: 24.67 per cent. The combined group that they will jeopardise it if they its voter population is 11.38 per cent of 20 – 39 years is therefore 48.91 per do not vote for the ANC. All other of the total (the fourth highest) but cent of the total voter population, parties are at a disadvantage in this those votes have been fragmented compared with 46.79 per cent before regard. On the one hand, it is part between three or more parties in the 2009 registrations. of the conventional privilege of the all the elections so far. The voter Parties’ success in the election majority party as government, that turnout in the Western Cape is therefore depends on their suc- it can implement its policies and also the lowest in the country since cess in provinces such as Gauteng, therefore deliver results which no 1994. KZN and the Eastern Cape. It also other party can do. On the other Related to the voter turnout and depends on their ability to mobilise hand, if it becomes a negative threat voter population is the general view the young voters, especially those 40 to votes, the status of government that the total number of registered years and younger, and the urban is exploited to the detriment of fair voters has increased, that it is an voters. elections. indicator of more interest in the Voter turnout is particularly A major variable in the 2009 election than previous elections, important for the ANC. In the 1994 elections is the performance of the and that a higher voter turnout is election there most not yet any DA and COPE. It is the first elec- therefore expected. correlation between voter turnout tion campaign for the DA under The two voter registration and support for the ANC, but since the stewardship of Helen Zille. As periods (8 – 9 November 2008 and the 1999 elections there is a much the Mayor of Cape Town Metropole 7 – 8 February 2009) increased stronger correlation. The higher she plays the dual role of leader of the total number of voters from the voter turnout in a province, the government, and leader of the main 20.128 million to 23.100 million. stronger is the ANC support. Lim- opposition party in Parliament. Late During the first period the increase popo is the province most seriously 2008 she and the DA’s CEO, Ryan was 1.533 million and during the affected by voter apathy. While in Coetzee, crafted the DA’s ‘relaunch’. second period it was 1.413 million, 1999 it had the highest level of voter In her own words, it was not intend- compared to 1.4 million and 1.5 participation (and the highest ANC ed to change the DA’s core values, million during the two registration support), it declined to the fifth but to change its strategic vision periods in 2003/4. It means that highest in 2004. Gauteng’s voter from a party of opposition to a party the number of new registrations participation is also gradually de- of government. It involved a signifi- is not significantly more. Other clining, as well as ANC support. cant redefinition and repositioning, demographic dynamics are possible Another variable in the elec- partly in response to the formation explanations for the more or less tion outcomes is the court ruling of COPE. stable voter population. A 15 per that all South Africans who are While in 1999 the DA made sig- cent increase in the voter population outside South Africa and who are nificant gains from the FF+ and the between 2004 and 2009 gives an registered, should qualify as special demise of the New National Party, average of 3 per cent per year, voters. In the 1999 and 2004 elec- the same growth did not continue in which is not much more than the tions it was not possible. Less than 2004. Its constituency also focused average population growth rate of 20 000 persons registered as special on the Western Cape and Gauteng. 2.4 per cent. voters (i.e. 0.09 per cent of the total The fact that Zille is the DA’s Pre- A significant tendency in the number of voters). This number mier candidate in the Western Cape new registrations is that in relative, will be insignificant for the final but not a candidate for national Par- percentage terms the voter popula- outcome, and will not even benefit liament, means that her campaign tion is growing only in Gauteng, parties like the FF+ and DA. concentrated on that province. How KZN and the Western Cape. In 2004 A variable impossible to detect it will affect the national presence of it was in KZN, Gauteng and the in the election outcomes is the the DA is still unclear, but a scenario Eastern Cape. About two – thirds effect of government grants and in which the DA is even more con- of all the voters are registered in other benefits on voter choices. centrated in the Western Cape is not urban areas and one – third in rural About 12.8 million South Africans inconceivable. areas. Comparative figures about receive social grants, the majority COPE as a factor in the election is generational distribution of voters of which are child grants. Others are even more unpredictable. Late 2008, indicate an increase in prominence beneficiaries of housing or rent ac- before its launch in Bloemfontein, of the age group 20 – 29 years. In commodation. The reason why it is a strong opposition against the

28 EISA Election update south africa 2009

Zuma – led ANC looked possible. per cent. Other provinces where it slightly different. As a result of floor When COPE announced its first made gains in real number of votes -crossing it lost 2.4 per cent national membership figures the Eastern are Northern Cape, Western Cape, support in Parliament, but partly Cape dominated. In the first by- North West and Mpumalanga. recovered from the losses with an elections thereafter, COPE and the Though it increased its percentage increase of 1.28 per cent in support DA overpowered the ANC in the majority in Limpopo, Gauteng and since last year. Its main base remains Cape Peninsula. Early indicators the Free State (with less than one to be the Eastern Cape, where the were therefore that the Eastern and percentage point in each instance), ANC recovered 5.5 per cent of its Western Cape were core COPE areas. it lost support in real votes – most losses in 1999, and the UDM lost 4.3 During the election campaign that notably 153 943 in the provincial per cent between 1999 and 2004. predication did not materialise, and election in Gauteng. In anticipating the outcomes in most of its core support appears to Given the conclusions above, 2009, we should identify the avail- be located in the north, especially in Gauteng appears to be a potential able indicators of election results. Limpopo. The challenge for COPE is problem for the ANC: a decline in to establish a sound organisational voter participation, a loss in real Possible indicators of infrastructure (and also financial votes for the ANC, and the second the results resources), to address possible tribal lowest percentage growth for the Predicting election results remain or regional biases, to keep a distance party. difficult in the South African con- from former President Mbeki, and The DA has shown percentage text. Indicators are not always to integrate its diverse support increase in all the provinces, most reliable or sufficient for credible bases into a coherent party. COPE is significantly in the Western Cape predictions. Two sets of indicators too young to have accomplished it (+15.20 per cent). In the Northern are used here, namely recent by- before the election. Its future will be Cape it experienced its second elections and opinion polls. determined by the impact of its MPs strongest growth at +6.31 per cent, on Parliament and whether it can followed by the Free State with By-elections create a momentum that will carry +3.14 per cent. All of the other prov- By-elections in South Africa are them into the local government inces showed a growth of less than generally not sufficiently reliable elections in 2011. three percent. Its lowest growth indicators, because they apply only Intrinsic in the COPE – DA was in KZN (+0.20 per cent). It is to the sphere of local government, relationship is the notion of com- also the province in which it lost while the 2009 election is for the petition. Will a Zille – led DA be a real number of votes; in all the national and provincial legislatures. able to reach beyond the Western other provinces it gained also in The two types of electoral systems Cape; will COPE reach a ceiling in real terms, mainly from the NNP’s are significantly different. However, other provinces? The one that can losses. The DA’s main concentration the by-elections of 10 December establish a national presence has points are the Western Cape and 2008 and 28 January and 4 March the best future. Gauteng. It is the official opposition 2009 were conducted close enough In order to determine possible party in all the provinces except to the national elections, to be influ- scenarios for 2009, we should first for the Eastern Cape (UDM) and enced by national political events, briefly look at the voting patterns the North West (UCDP). In KZN it and therefore they are partially in 2004. might play the role of official oppo- useful. sition since the IFP joined the ANC Their results were remarkably The 2004 General in a coalition government. stable, and changes occurred only Election Compared to 1999, the ACDP in KZN, Western Cape, Northern The voter turnout in 2004 was increased its national support by Cape and Limpopo. No changes 12.57 per cent lower compared to 0.07 per cent, but lost 0.15 per cent occurred in the Free State, Gauteng, 1999, and therefore about a 100 000 compared to the floor-crossing. In Eastern Cape, North West and Mpu- voters less voted. To determine the terms of real number of votes, its malanga. Most significant of these tendencies in 2004, one has to look support increased in the Free State, changes were in the Western Cape therefore at both the real number of Gauteng, Limpopo, Northern Cape, on 10 December. votes and their percentages. North West and Western Cape, but Of the 26 seats, independents Firstly, in respect of the ANC, it declined in the Eastern Cape, KZN (mainly COPE) won ten (five in increased its real number of votes and Mpumalanga. Its stronghold is Cape Town, and the other five in at national level by 276 921. By far the Western Cape. Velddrif, Paarl and Worcester), the the most of these gains were made The UDM lost percentage support DA won nine (two in Cape Town in the Eastern Cape and KZN. In in all the provinces in comparison to and the other in Citrusdal, Paarl KZN it also increased its percent- its 1999 support levels. However, and Caledon), the Independent age support with 7.67 per cent if the effects of floor-crossing are Democrats won four (in Vredendal, and in the Eastern Cape with 5.47 taken into account, it appears to be Citrusdal, Paarl and Caledon) and

29 EISA Election update south africa 2009 the ANC three. It indicates that Table 1: A comparison of the national results in the polls COPE’s support is mainly in the Cape Peninsula, while the DA and Party HSRC Plus 94 Ipsos Markinor ID enjoy support also further away ANC 47 61 64.7 from Cape Town. These elections were held very early in the election DA 7 16 10.8 campaign. Those held later in 2009 COPE 3 15 8.9 suggest less fluctuation, though the number of elections is so small that they cannot be representative of the Table 2: Provincial predictions for four provinces national situation. Province Company ANC DA COPE IFP Opinion polls Ipsos 26 42.8 About four market – research Western companies and research bodies Cape Plus 94 27.5 46.8 8.0 are actively involved in electoral Ipsos 59 8.7 18.6 opinion polls: Ipsos Markinor, KZN MarkData, Plus 94 Research and the Plus 94 68.2 16.8 4.3 7.0 Human Sciences Research Council Ipsos 59 18.6 (HSRC). Their predicted results differ substantially, from 74 per cent Gauteng MarkData 54 24 12 – 15 for the ANC (reported in November Plus 94 60.1 22.3 11.5 2008) to 47 per cent for the ANC (reported in March 2009 by the Limpopo Plus 94 53.9 3.8 33.7 HSRC). The ANC itself predicted 64 per cent in its own poll. From the polls a band of be slightly ahead of COPE in this A variation on the first scenario possibilities emerged: the ANC scenario, with about 16 per cent is that COPE is the official Oppo- 61-65 per cent; DA 11-16 per cent versus 13 – 15 per cent. Like 1994, sition in Parliament, and not the and COPE 9-15 per cent. It is the ANC will not be the dominant DA. Such as situation will only clear that the differences are wide party in the Western Cape, but materialise if it becomes clear that enough so that the polls can only unlike 1994, it will win KZN. the DA’s election campaign was provide broad indications. The Regarding the positions of the too much focused on the Western provincial predications are equally DA and COPE, the DA will be Cape and that it neglected the rest ambivalent. ahead of COPE in the Western Cape, of the country. These polls do not differ on who Gauteng and KZN, while COPE is Another scenario is one in which will receive the majority of votes the official opposition in the other the ANC maintains its two – thirds and who will be the official oppo- six provinces. The DA has the best majority but not the 70 per cent sition in each province. However, chance to continue as official Oppo- range. In this scenario it is still the percentages of votes in each sition in Parliament. Helen Zille will unlikely that it will control the instance do not converge. One of not be the Leader of the Opposition, Western Cape. This scenario will the explanations for the differences because she is not a parliamentary not be qualitatively different from is the margin of error always present candidate, which means that the DA the first one, except that it will give in any survey, and the substantial will have to appoint a new Parlia- more confidence to the ANC in number of respondents who do not mentary Leader after the departure Parliament, and it will discourage want to indicate their preferences. of Sandra Botha. COPE also will bipartisanship in Parliament. These polling problems affect meas- have to appoint a parliamentary A common characteristic of all uring the smaller parties more than leader in the absence of Mosioua Le- the possible scenarios is that despite the bigger ones. kota, who wants to work in COPE’s the fact that proportional represen- party structures. tation as an electoral system pro- Possible scenarios In this scenario a three – party motes a multiplicity of parties, and The most likely scenario of the focus will emerge, with the small that 26 parties participate in this na- 2009 election outcome is one quite parties constituting about 10 per tional election, fragmentation of the similar to the 1994 election results. cent in total. It differs significantly minority parties might be reduced. In this scenario the ANC would not from the situation in 1999 – 2009 Apart from the DA and COPE, all maintain its two – thirds majority when it was undoubtedly a single – the other minority parties will not but it is unlikely that it will decline party dominant situation, with the represent more than 10 per cent of to below 60 per cent. The DA will opposition highly fragmented. the voters compared to about 18 per

30 EISA Election update south africa 2009 cent in 2004 (depending on the IFP’s The full implications of the 2009 clear indications that the democ- inclusion or exclusion). Such early election are not yet clear to us. The racy in South Africa is maturing. signs of a more consolidated terrain fact that worst – case scenarios, In that respect the 2009 election of opposition parties prepare the especially regarding electoral vio- made an important contribution to situation for cooperation between lence, did not materialise, and the our appreciation of the underlying the parties in future, or for coali- fact that the electoral process could tendencies and inherent strengths tion governments, especially at the withstand the pressures associated in the constitutional and democratic provincial and local levels. with Jacob Zuma’s legal battles, are dispensations.

31 EISA Election update south africa 2009

South Africa Elections 2009 Political party manifestos on electoral reform

Victor Shale – EISA

Consistent with one of its how the chosen leaders occupy their by consensus and proportionality founding values of the South seats in parliament and other repre- in terms of representation,5 the African constitution, namely sentative institutions.2 South Africa country ensured that all parties ‘universal adult suffrage, a national operates the proportional repre- irrespective of their size were common voters roll, regular elec­ sentation electoral system (PR). As represented in the legislature. While tions and a multi-party system of early as 2002, questions regarding broad representation has arguably democratic government to ensure the appropriateness or otherwise of been achieved, there is a growing accountability, responsiveness and the PR have been raised. A formal perception among opposition parties openness’,1 the Republic of South process looking into this matter was that the unintended consequence of Africa will go to the polls on 22 led by the Electoral Task Team (ETT) the PR system is that it promotes April 2009 for the National and chaired by Dr Van Zyl Slabbert. The unaccountability. The views of these Provincial elections. This will be details of this process are beyond parties are presented in seriatim in the fourth multi-party democratic the scope of this paper, save to say the next section. elections after apartheid. To date, that a report was produced and its COPE believes that government 156 political parties have been recommendation was to introduce a has to be accountable to the people registered with the Independent mixed system consisting of propor- and committed to serving the peo- Electoral Commission (IEC). Out tional and first-past-the-post (FPTP) ple instead of personal interests. of these parties, only 40 parties will systems.3 It is opposed to the promotion of contest national and provincial It is necessary to reflect briefly kith and kin politics. They believe elections. This paper looks at on the reasons that may have that accountability will be ensured election manifestos of the five main influenced South Africa to adopt the through changing of the electoral parties, namely the African National current proportional representation system from the proportional sys- Congress (ANC), the Democratic system in the first place. Following tem to the direct election of senior Alliance (DA), the Inkatha Freedom decades of apartheid rule, the office bearers like the president, Party (IFP), the United Democratic advent of democracy in South Africa premiers and mayors. The party Movement (UDM) and the Congress ushered in by the 1994 democratic believes that this will also improve of the People (COPE) with regard to elections marked the beginning public participation in all forms their proposals on electoral systems of a new social, economic and of governance. It also undertakes i.e. specific proposals about the political discourse in the country. A to ensure that these popularly direct election of the President, democratically elected government elected representatives can only be Premiers and Mayors; and some came into being with a mandate removed from office by the peo- parties arguing for a move away to craft and implement policy and ple, through clearly defined and from a pure closed list proportional institutional reforms that would, nationally agreed to, constitutional representation system towards the among other things, ensure the procedures. COPE proposes that the adoption of a mixed system. creation of a free and just society and people should be able to elect public The electoral system has been improve socio-economic conditions representatives at the national and raised by some parties as a contrib- (especially for the marginalised provincial spheres so as to achieve a uting factor to what they perceive groups).4 mix of the electoral system as is the as lack of, or absence of, account- It was necessary that in line case at the local government level.6 ability towards the electorate and with this democratic transition, The changing of the electoral greater dispositions towards ac- the country adopted an electoral system is also echoed by the DA countability to party bosses. These system that would hold the fragile which although admitting that are important considerations since peace together. The adoption the proportional representation the electoral system is the method of the PR system therefore was system is fair and inclusive, argues adopted by a country for choos- informed by this principle. In the that voters have no say over who ing its leadership. Such a method spirit of consociational democracy represents them. According to the stipulates procedures and rules on whose main features include DA, ‘voters should be able to elect the conduct of elections, as well as among others, decision making their public representatives such as

32 EISA Election update south africa 2009 the President, Premiers and Mayors floor-crossing provisions and is on under apartheid, has the political directly, and know who their MP record as saying that there should environment changed to a degree or MPL is, without sacrificing the have been electoral reform which that warrants electoral reform? fairness of a proportional system’. would enable MP’s to cross the floor Lastly, can the question of lack of ac- For this reason the party advocates with the ‘moral legitimacy that they countability be attributed to the PR for a mixed electoral system consist- are accountable and directly linked system solely? In order to answer ing of proportional representation to the electorate …’8 One of the core the first question, it is important and a constituency based system. values mentioned in the IFP mani- to first address the second and the It proposes a formula where ‘75% festo is freedom under which the third question in their sequence. It of national and provincial public party considers transparency and is argued that while a lot has been representatives will be elected in 90 accountability as critical elements. achieved in terms of political stabil- three-member constituencies, while It is not far-fetched therefore to ity in the last 15 years, it is axiomatic 25% of national and provincial rep- suggest that in not so many words, that the country still has to strive to resentatives will be appointed on the party shares similar sentiments close the gaps in society to ensure the basis of a list system in direct with other parties on the issue of that all interests, particularly of the proportion to their party’s share accountability. On the basis of the minorities, are catered for. In fair- of the vote. The DA’s argument is foregoing it can also be concluded ness to the parties, none seems to that this system will ensure MPs ac- that it supports electoral reform suggest a complete removal of the countability to voters. Furthermore, given its known position on the PR system, but the introduction of a ‘the three-member constituencies electoral system. mixed system. The degree to which allow voters to feel they have at least The ANC manifesto does not proportionality is retained should one representative who speaks and dwell on the issue of electoral therefore be cognisant of the need to acts in their interests’.7 reform. It departs from the point protect minority interests, no mat- The electoral system also fea- that the ‘ANC-led government has ter how inconvenient or politically tures in the Independent Demo- made much progress in the past 15 problematic it may be seen to be. crats (ID) 2009 election manifesto. years’ in terms of delivery in hous- The introduction of the mixed According to the ID, the recom- ing, water and electricity, economic system is however not a panacea for mendations of the Van Zyl Slabbert growth, job creation, provision of the perceived lacks of accountabil- Commission on Electoral Reform social grants and deepening of de- ity. There are other reasons that may pertaining to the adoption of a mocracy. The central message of the be the cause of this problem, rather mixed system of both proportional ANC manifesto is that there is need than solely the electoral system. In representation and constituency to work together to achieve more part this accountability malaise may system should be implemented. in the areas above. It is important be attributable to divided loyalties, Similar to the other parties which however to note that the party rec- where elected officials are in the use the electoral system as an ognises the need to change the way dilemma of feeling compelled to important electioneering issue for government relates to the people account to two principals, firstly, this elections, the ID argues that and in the delivery of services. It the party and then constituents or the proposed system will ‘ensure also commits to ensuring a service the people.10 To confirm a cliché, that our public representatives are delivery culture that will put every whereas under the FPTP system the far more accountable’ to the voter. elected official and public servant elected official is accountable to the This will be achieved without com- to work for the people, and ensure voter, the official under the PR sys- promising the important aspect of accountability to the people. Un- tem has no direct link and therefore the proportional component of the like the opposition parties, who accountability, to the voter. This not- system which is the protection of the apportion the lack or absence of ac- withstanding, our argument here is diversity of political party voices in countability to the electoral system, that the officials fail to account not South Africa. the ANC seems to consider this a so much due to the PR system, but The Inkatha Freedom Party does question of working closer with due to factors that are due to the not necessarily bring up the ques- the people and not the electoral internal functioning within a party, tion of electoral system. But, it is a system.9 where a carrot and stick approach known fact that the party has been Having looked at the arguments is often used by party leaderships, agitating for the electoral system raised by the respective parties forcing the elected official to become reform since the time its president above, it is critical to then ask the more loyal to the party than to the was the national minister of Home question, is the question of electoral people because their continued Affairs and it has never changed system raised because there is a real presence on party lists is dependent or wavered in its position on the threat to our nascent democracy on the party hierarchy rather than nature of the electoral system. The or is it used as a mere electioneer- on other factors. It follows there- president of the IFP has been a ing point? Better still, against the fore that under the circumstances, strong critic of the now defunct background of societal divisions changing the electoral system may

33 EISA Election update south africa 2009 not be the right solution to the adoption of such a system for other http://www.congressofthepeople.org.za Democratic Alliance 2009. DA Manifes- problem of lack of accountability aspects of the governance system, as to 2009. Available on line: http://www. but that a change in the internal well as for political and democratic da.org.za/campaigns.htm?action=view- functioning and democratic culture culture in South Africa. page&category=6329&sub-page=6330 within parties as well as public Deschouwer, K. 1994 The Decline of Consocia- tionalism and the Reluctant Modernisation democratic culture can also be part ENDNOTES of Belgian Mass Parties. In R. Katz and P. of the solution. 1 Section 1 (d) of South African Mair (eds) How Parties Organize: Change and Against the foregoing, it is im- Constitution Adaptation in Party Organizations in Western portant to point out at the risk of 2 Matlosa 2002 Democracies. London: Sage Publications Ltd. 3 Chiroro 2008 Independent Democrats 2009. Independent repetition but by way of conclu- 4 Shale 2006 Democrats Election Manifesto 2009. Available sion, that the question of electoral 5 See Deschouwer 1994 online: http://www.id.org.za/policies/2009-id- system reform is not new. It dates 6 COPE manifesto manifesto/ID%20Election%20Manifesto%20 back to 2002. It has been established 7 DA manifesto 2009%20Final%20-%2031%20Jan%202009. 8 See Matlosa and Shale 2007 pdf/view?searchterm=id%20manifesto in the paper that while there are 9 ANC Manifesto Government of South Africa 1996 The Consti- calls for electoral system reform 10 See Shale 2008 tution of the Republic of South Africa, 1996: Act 108 of 1996. by opposition parties, the timing may not be ideal given the pend- Matlosa, K. and V. Shale (eds) 2007. The Impact References of Floor Crossing on Party Systems and ing national challenges that still African National Congress 2009. Working Representative Democracy. Johannesburg: need to be addressed- challenges Together We Can Do More: 2009 ANC Konrad Adenauer Stiftung. which can in part be addressed Manifesto. Available on line: http://www. Matlosa, K. 2002 Review of electoral systems under the current PR system. It is myanc.org/Message/ and democratization in Southern Africa. Paper originally prepared for the conference not farfetched therefore to conclude Binningsbø, H.M 2005 Consociational Democracy and Post Conflict Peace: on Electoral Models for South Africa: Re- that the overwhelming call for the Will Power-sharing Institutions increase flections and Options. Held at the Vineyard electoral reform at this time may the Probability of Lasting Peace after the Hotel, Cape Town 9-10 September 2002. not have been well thought out by Civil War? Paper prepared for presented Shale, V. 2008 Parliament and Democratisation th in Lesotho. In K. Matlosa, K. Prah, B. Chiroro some of the parties and may be be- at the 13 Annual National Political Science Conference, Huldarsjøen, Norway and L. Toulou (eds) The State, Democracy and ing used as an electioneering stunt (Unpublished). Poverty Eradication in Africa. Johannesburg: rather than a substantive issue. Chiroro, B. 2008. Electoral System and Account- EISA. After all, even those calling for the ability: Options for Electoral Reform in South Shale, V. 2006 Local Governance and Consti- tutional Democracy: Comparative Insights direct election of the President and Africa. Johannesburg: EISA/KAS. Congress of the People 2009 A New Agenda: from Lesotho and South Africa. Conflict other office bearers may not have 2009 Election Manifesto. Available online: Trends Magazine No.2 2006. considered the implications of the

34 EISA Election update south africa 2009

Gender in the 2009 South African Elections

Gender Links

South Africa is likely to witness proverbial two bulls slugged it out African National Congress (ANC) a 12 per cent increase in women’s in the ring with not even a hint of and Inkatha Freedom party (IFP) representation in Parliament from a woman as an alternative leader,’ have clashed during rallies. 33 per cent to 45 per cent, accord- Lowe-Morna noted. ‘The ANC has The election itself promises to ing to a report released by Gender made history by fielding equal be fiercely contested among the Links on the eve of the April 2009 numbers of women across its party various political parties. Commen- elections. This would be the largest list, but patriarchy still runs deep tators and political analysts believe increase in women’s representation in this as in every other party,’ she that opposition parties including since the first democratic elections stated. the new Congress of the People in 1994 in which women’s represen- While the Independent Demo- (COPE) will offer a real challenge tation jumped from 2.7 per cent to crats (ID) and Democratic Alliance to the ANC. This report reflects on 27 per cent. (DA) have women leaders, neither the gender aspects of the elections The increase would put South has fielded equal numbers of wom- and the likely outcomes. Africa firmly on course to meet en and men in the top 50 candidates the Southern African Develop- on their lists. The Congress of the Women as voters ment Community (SADC) target People (COPE) has come close to The IEC began voter registration in of 50 per cent women in political parity in its top 50; except (like the November 2008 and opened more decision making by 2015. It would ANC) at the very top. than 19,000 polling centres and over also place South Africa in the lead GL’s election analysis shows 59,000 officials were trained for the position in the regional body (at 36 that women constitute over half of exercise. Initially, the IEC targeted per cent women in Parliament, An- all registered voters in all provinces a total of 22 million voters at the gola is currently the front runner). and 55 per cent of voters overall. In cost of nearly R200 million. By time South Africa would, however, still the bumper voter registration turn the registration process closed in be behind global leader Rwanda at out, young people constitute 12 February, a total of 23 174 279 had 56 per cent. million of the 23 million voters and registered as voters for both national The increase in numbers, largely young women constitute 53 per cent and provincial elections represent- brought about by the African Na- of these voters, making them the ing an increase of 12 per cent from tional Congress (ANC’s) 50/50 most powerful voting bloc. But the the 2004 national and provincial election list as well as improvements report comments that party mani- elections when there were 20 674 926 in women’s standing in opposi- festos and campaigns have done verified voters on the roll.2 tion parties, is also likely to spark little to address key concerns of Voter registration statistics re- a new debate on how meaningful women like gender violence and the leased by the IEC shows that in numbers are. economic crisis. Awareness of gen- all the provinces more women ‘We will face the irony that der as a critical factor in elections than men have registered. Overall, while we may have many more remains weak, the report says.1 women constitute 55 per cent of all women in Parliament we will also registered voters; this runs as high most likely have Jacob Zuma as Background as 58 per cent in the Eastern Cape. president,’ noted GL Executive The 2009 South African pre-election Another notable feature is the Director Colleen Lowe-Morna. period has been characterised by ‘Obama effect’ in South Africa. The While Zuma was acquitted of rape a highly successful registration elections have attracted a lot of charges, his utterances that scantily exercise as exemplified by massive young people. Some 12 million or dressed women are asking to have voter turnout against a background over half of those who registered sex and his polygamous lifestyle of mudslinging and rising political to vote are between the age group ‘hardly reflect progressive views on temperature among political par- of 18-39. Of these, 6.4 million or 53 women’s rights,’ she added. ties across the country. The worst per cent are young women and 5.6 A telling moment in South Af- incidents have occurred in the million (47 per cent) are young men. rica’s history was during the ANC’s politically volatile province of Kwa- This is by far the largest age group Polokwane Congress when ‘the Zulu-Natal where supporters of the of voters (see Table 2 below).

35 EISA Election update south africa 2009

Table 1: Women and men voters by province The upsurge in voter registration can be attributed to the aggressive Province Women Men Total % Women % Men advertising campaign carried out by E. Cape 1 772 489 1 283 166 3 055 655 58 42 the IEC through radio, newspapers, Free State 755 370 630 206 1 385 576 55 45 television and billboards urging people to vote as well as the for- Gauteng 2 782 162 2 676 688 5 458 850 51 49 mation of COPE and the generally KwaZulu-Natal 2 548 839 1 926 378 4 475 217 57 43 more dynamic election landscape Limpopo 1 360 851 895 222 2 256 073 60 40 than in the 2004 elections. Mpumalanga 923 818 772 207 1 696 025 54 46 While the ANC is out rallying in full force for Jacob Zuma, who was North West 858 354 799 190 1 657 544 52 48 acquitted of rape charges as stated N. Cape 298 018 256 882 554 900 54 46 above, and against whom charges of W. Cape 1 418 474 1 215 965 2 634 439 54 46 corruption were recently dropped National 12 718 375 10 455 904 3 174 279 55 45 on the pretext of political meddling, opposition parties are mobilising Source: IEC support against the controversial ANC leader. Table 2: Registered females and males per age group In and amongst all the political wrangling one important fact Age Group Female Male has been ignored. Women voters 18 - 19 375 339 322 426 constitute 5 per cent more than 20 - 29 3 008 626 2 643 048 men voters. Neither the media nor 30 - 39 2 980 095 2 711 183 political parties have picked up on this and emphasised this as a key 40 - 49 2 490 406 2 064 824 election issue. The real question is: 50 - 59 1 765 338 1 444 271 Are political parties responsive to the 60 - 69 1 083 329 772 622 majority of voters in South Africa? 70 - 79 672 699 347 529 The analysis that follows exam- 80 - 89 342 543 150 001 ines this question from the perspec- tive of the representation of women Totals 12 718 375 10 455 904 on party lists; if and how gender is 23 174 279 integrated into party manifestos; and whether or not there is an ena- bling environment for elections.

Gender analysis of party lists Gender analysis of party lists A total of 42 political parties sub- mitted their candidates’ lists to 90% the Independent Electoral com- 80% mission (IEC) by 2 March for the 2009 national and provincial elec- 70% tions. However, participation will 60% considerably vary. Some political

50% Women parties will contest for the national

40% Men assembly and provincial legisla- tures which others will contest in 30% national assembly elections only; 20% others will contest in provincial

10% legislatures only. Only 11 political parties will 0% ACDP ANC APC COPE DA FFP ID IFP PAC UCDP UDM contest elections for the national as- sembly and all nine provincial legis- latures. These are African Christian Democratic Party (ACDP), African National Congress (ANC), African Peoples Convention (APC), Con-

36 EISA Election update south africa 2009 gress of the People (COPE), Demo- Table 3: Women in party lists cratic Alliance (DA), Freedom Front Plus (FFP), Independent Democrats Party % Women % Men (ID), Inkatha Freedom Party (IFP), ACDP 36 64 United Democratic Movement ANC 50 50 (UDM), Pan African Congress of APC 48 52 Azania (PAC), United Christian Democratic Party (UCDP). Three COPE 42 58 parties have registered to compete DA 36 74 in national assembly only. Fourteen FFP 21 79 parties will contest the elections for ID 52 48 the national assembly and one or IFP 29 71 more of the provincial legislatures while 14 will contest in one or more PAC 36 64 in provincial legislatures only. UCDP 48 52 Table 3 shows the proportion of UDM 26 74 women and men on the national lists for the eleven parties contest- ing the election nationally and in all nine provinces. The table and graph show that the Independent Representation of women in political parties

Democrats (ID) have the highest 60% proportion of women on their lists (52 per cent). They are followed by 50% the ANC (50 per cent). The APC has 40% come close to parity with 48 per cent 30% Women women on the list. The FFP (21 per 20% cent) and UDM (26 per cent) have 10% the lowest proportion of women on their lists. 0% ID ANC APC UCDP COPE ACDP DA PAC IFP UDM FFP The ANC has met the 50/50 quota that was adopted at the ANC National Congress in Polokwane in November 2007. The ID and APC have achieved or come close to achieving parity without quotas. COPE, DA, ACDP and UCDP have between 30-40 per cent women on their lists. The five remaining parties Women candiates by fifties have 25 per cent or below represen- Women candidates by fifties tation of women on their lists. The 40 FF Plus comes in last with only 21 35 per cent women on the list. Numbers only tell part of this 30 NATIONAL 1-50 story. It is crucial to look at where 25 NATIONAL 51-100 NATIONAL 101-150 women are located on the lists. If 20 NATIONAL 151-200 they are located low on the party 15 lists then a high proportion of wom- en in the party does not mean that 10 they will be elected to Parliament. 5 An analysis of women in the first 0

50, second 50, third 50 and fourth P C C E P ID P C P M D N P P F IF A D D C A A O F P C U 50 candidates reveals interesting A C U trends. As is illustrated by the graph Note: The DA is not included because the party is not hierarchical but per province. above the ANC has most of the women candidates in the first 150 candidates on the party list. It is

37 EISA Election update south africa 2009 therefore likely that the ANC will up from 33 per cent in the 2004 ficient of gender content. The mani- again take a very high representa- elections. festo dwells on providing solutions tion of women to Parliament. This would be the biggest in- to the problems for the environ- All the opposition parties, if crease in women’s representation in ment, building houses and homes, indeed they are serious about in- Parliament since the first democratic sustainable energy etc. Similarly, cluding 50 per cent women in their elections in 1994, and would place the PAC makes no mention of the delegations to the national assem- South Africa on course to meet the meaningful participation of women bly, should have at least 25 women target set in the SADC Protocol on in decision-making positions. in the top fifty candidates. This will Gender and Development of 50 per The United Democratic Move- ensure that they are able to take 50 cent women in decision making by ment (UDM) makes no mention per cent women to the National 2015. of the participation of women in Assembly. None of the opposition politics or their placement in deci- parties have 25 women in their first Gender analysis of par- sion making positions. The party 50 candidates. COPE and the APC ty manifestos talks about creating jobs, providing come closest with 23 and 21 women Political parties release their politi­ quality education, quality health respectively. cal manifestos during an election care, safety and justice for all South period to sell their policies and Africans, as though women and Gender forecast for the programmes to the electorate. men are the same and are affected National Assembly Invariably, all manifestos promise to equally by these policies. Analysts and commentators have improve the lives of the people in the The DA believes that all South found it difficult to predict this field of health, security, agriculture, Africans should have the capacity election. Media Tenor3, the Institute infrastructure, education, housing, to influence the way the country is for Media Analysis, says that Jacob justice. They also promise to combat run and pledges to create a constit- Zuma is receiving 62 per cent of crime. uency-based electoral system which media coverage while Mangosuthu However, the manifestos have will make public representatives di- Buthelezi is getting 7 per cent, fallen short of mainstreaming gen- rectly accountable and responsive to Helen Zille 14 per cent, Mvume der and the promotion of gender their voters as though. The gender Dandala 8 per cent and Mosiuoa equality and enhancing the status implications of this are not explored, Lekota 9 per cent. of women. even though it is undisputable that The South African Institute for There is little reference to the the PR system that pertains in South Race Relations4 predicts that the promotion of gender equality and Africa has played a major role in ANC will get 66 per cent of the vote participation of women in leader- promoting women’s participation while the IFP will get 5 per cent, ship positions. in politics. the DA and COPE 21 per cent and Political parties that have men- Several parties including the smaller opposition parties will get tioned gender have done so in a UCDP, ACDP, IFP, FFP and UDM 8 per cent. vague way. Some parties have not refer to women and children as If one assumes that the ANC featured gender at all in their mani- vulnerable people in society and as will get 60 per cent of the vote the festos nor do they mention it. Below victims. This assumes that women ANC will have at total of 240 seats in is a detailed analysis of gender in have the same needs as children. Parliament and based on the 50/50 party manifestos. However, children require protec- nature of the ANC’s list, 120 women This analysis shows that only tion while women need to be em- will be in the ANC’s delegation to the ANC has made any real effort to powered to protect themselves. Parliament. mainstream gender in its manifesto. If the DA and COPE each obtain It has translated the 50 per cent Violence and 15 per cent of the vote, they will party quota in its party constitution intimidation have 60 seats per party. Based on into the party list. The ANC asserts Although the registration process the location of women in the first 60 that ‘it has been 15 years of struggle has proceeded without any hitches, candidates in the party list, COPE for gender-equality, 30 per cent of the campaign has been character- would have 28 women MPS, or all our Parliamentarians, provincial ised by name calling, hate speech, about 47 per cent women. The DA legislature members and council- mudslinging, intimidation and a would likely have about 22 women lors are women and 43 per cent in rising political temperature across or 37 per cent women MPs. In this cabinet. ANC policies will further the country. scenario, the remaining opposition increase women representation in ANC Youth leader Julius Male- parties will get at a total of 40 seats, Parliament and government to 50 ma has been at the centre of con- of whom we predict that about 10 per cent by 2009.’ troversy for his insolent remarks will be women. While the ID lists exceed the 50 and inflammatory language. He This implies a total of 180 women per cent representation of women branded the Democratic Alliance or 45 per cent women in Parliament; the manifesto is disappointingly de- leader Helen Zille a ‘colonialist’ and

38 EISA Election update south africa 2009

Party Quota Gender: Specific references or inferences Gender mainstreaming

ANC Committed to • Increasing prevention of Mother to Child • Non-sexism a guiding principle throughout the 50% percent transmission of HIV to 95% in all districts. manifesto. Contradictory in light of the history women in the of the leader of the ANC and comments made list, Parliament • Combat violence and crimes against by Malema about rape. and government women and children by increasing the capacity of the criminal justice system. • Massively expanded public works programme linked to home based care, crèches, school • Vigorously implement broad based cleaning and renovation, tree planting and economic empowerment and affirmative school feeding. action policies and adjust them to ensure that they benefit more people, especially workers, youth, women and the disabled.

COPE No quota • Clause 7: Respect for the values and • Not mainstreamed principles of the South African people. Respect for the dignity of women, protect the innocence of children.

• Clause 12: Broadening people’s participation in the economy; strengthen the implementation of the Employment Equity Act (Affirmative Action) and Broad Based Black Economic Empowerment.

• Establish a Women’s Development Fund to focus on funding and support for the engagement of women in productive economic activity.

DA No quota • No specific women’s projects. • Gender is not mainstreamed in the manifesto.

• Only mentions women in its introduction. • The manifesto is issue based without specifying beneficiaries. It dwells on the detail of how the • Men, women and children living anywhere DA will run government rather giving a broad in the country are able to go about picture of issues. their daily business in their communities knowing that they are safe from criminals; that their local government provides basic services quickly, efficiently and affordably; that the public transport system allows them to move around quickly and safely.

ID No quota • Envisions an inclusive nation where every • The manifesto is issue based but does not South African is given the skills, resources mainstream gender within the issues. and prospects to meaningfully contribute to shared prosperity.

IFP No quota • Most morally repugnant crimes (such as • Gender is not mainstreamed in the manifesto murder, rape, violent assault and crimes under any thematic area. against children, women and the aged) present a moral challenge.

UDM No quota • Creating jobs for all South Africans, quality • Gender is not mainstreamed in the manifesto. education for all South Africans, safety and justice for all South Africans (violent • It talks in general terms about creating jobs, crimes, as well as crimes against women offering equality, safety and justice, and safety and children, are of particular concern for all South Africans. to us).

ACDP No quota • Extending the roll out of antiretroviral • Gender is not mainstreamed in the manifesto. treatment and the prevention of mother Manifesto only talks about issues in general to child transmission programmes terms with specifically mentioning beneficiaries. For example, under housing ACDP says ‘will • The role of women as mothers of our incrementally provide access to adequate country’s children is an essential building housing for all’. block for healthy families and a healthy society).

• Supports the measures which are aimed at protecting women and children as vulnerable citizens against abuse).

39 EISA Election update south africa 2009

UDCP No quota • Does recognise the need for gender • Although the manifesto has a gender clause, equality by adopting the South Africa’s gender is not mainstreamed. It hardly mentions National Policy Framework for Women’s promoting women in leadership positions or Empowerment and Gender Equality. allowing men and women to participate in all spheres of life. • Providing access to employment to all women.

• Ensuring equality to all mankind.

• Putting in place a strong gender commission that will effectively implement gender equality policies. Women will be actively involved in the definition, design, development, implementation, and gender impact evaluation of policies related to economic and social changes.

• Special courts dealing with sexual offences against women will be established countrywide.

PAC No quota • Legislating for mandatory life sentences • Gender is not mainstreamed in the manifesto. for serious crimes such as rape, murder, child abuse and women abuse. • Dwells on problems facing South Africa and blames ANC for them. PAC offers solutions to the problems but does not say who the beneficiaries of the reforms will be or who will drive these programmes.

FF+ No quota • Only mentions Women’s and Children’s • Gender is not mainstreamed in the manifesto. rights in broad terms. Appreciates the role that women fulfil in public life and • Gives prominence to championing the cause of civil society. Supports women’s rights, Afrikaners and promoting individual languages. but knows that they can only be realised It subscribes to parochial interests rather than in practice through the empowerment broad issues affecting South Africa. of women through the creation of opportunities and training.

40 EISA Election update south africa 2009 an ‘imperialist’ and Zille hit back ‘when a woman didn’t enjoy it, she ENDNOTES calling Malema an ‘inkwenkwe’ (not leaves early in the morning. Those 1 GL will be conducting a gender analysis yet an adult). Malema infuriated the who had a nice time will wait until of the outcomes of the elections on 22 April. For more information contact Inkatha Freedom Party (IFP) when the sun comes out, request breakfast Colleen Lowe Morna on 082 561 6995 he said ‘we are not afraid of the IFP. and ask for taxi money.’5 or Kubi Rama on 082 378 8239 or go to We must campaign everywhere Tokyo Sexwale, speaking about www.genderlinks.org.za 2 IEC in KwaZulu, even at Mangosuthu COPE on behalf of the ANC added: 3 http://www.saelections.co.za/?gclid=CKjV Buthelezi’s backyard. We must re- ‘Our mothers are taken, house to 4tO64ZkCFZCD3god1Ax3aQ cruit his children.’ house, they are also paraded on 4 http://www.sairr.org.za/sairr-today/news_ item.2009-01-21.3170419646 The ANC was forced to issue TV, these people are performing 5 http://www.tac.org.za/community/ an apology to IFP over Malema’s witchcraft with our mothers ... They node/2477 6 http://www.mg.co.za/article/2009-01-26- remarks as a means to diffuse are liars. You can’t have respect for cope-takes-issue-with-sexwale-malema- political tension which has been people who use older people in that comments rising between the two parties in fashion.’6 KwaZulu-Natal and to avert, what many see as a return to the political Conclusion violence replica of 1994 and 1999 On the numbers and in their mani- elections. festo the ANC has made a clear Nonetheless, IFP and ANC commitment to women’s represen- sup­porters have been engaged in tation and advancement generally. political violence in KwaZulu-Natal However, members within the party with each side blaming the other for contradict this in their behaviour inciting violence. Some ANC mem- and practices. bers were shot and injured alleg- Some of the statements made by edly by IFP supporters in northern prominent male politicians are de- KwaZulu-Natal during a rally. meaning to women and perpetuate In early March, scores of women negative stereotypes of women as and children were injured during sex objects and witches. In a country a stampede at an ANC rally ad- with exceptionally high levels of dressed by party president Jacob gender violence Malema’s trivi- Zuma at the Chatsworth Stadium alisation of the rape charges against in Durban. The incident was a result Jacob Zuma were inappropriate and of the failure by the party and law damaging. enforcement agents to take precau- Despite having women leaders, tionary measures to provide safety the ID and DA do not see themselves to supporters. In East London COPE as championing the cause of gender members were attacked by ANC equality, believing in the dictum supporters. A woman was severely party first and women second. assaulted. The other opposition parties Incidents such as these make it group women with children. This very difficult for citizens to make perpetuates patriarchal values that informed decisions about how need to be dismantled in order to they will vote, and even whether achieve gender equality. Women or not they are safe to vote in some and children have very different areas. Political parties should com- needs and require different strate- municate that such behaviour is gies to address these needs. Politi- unaccept­able. Sexist comments cal parties have to engage with the have also crept into political speech- needs of women separate from the es and commentary. The most needs of children. blatant example was the comment Overall, none of the parties re- made by Malema (in an oblique ally speaks to the needs of female reference to the Zuma rape case) citizens, who represent 55 per cent that women who are raped do not of voters in this country. When ask for taxi money to go home in compared to the American election the morning. Malema suggested late last year, we are still far from that the woman who accused ANC recognising, let alone deliberately president Jacob Zuma of rape had wooing, the most significant voting a ‘nice time’ with him and said, bloc in the country.

41 EISA Election update south africa 2009

Local Government, the 2009 Elections and Party Manifestos

Maureen Moloi and Ebrahim Fakir – EISA

It is election year in South • Rural development, food secu- goal of improving local govern- Africa and as with every election rity and land reform ment; that there will be high calibre contesting parties develop • The fight against crime and cor- teams (with skilled personnel) put manifestos that become the basis ruption1 together to work with weak munici- of their campaigns. Manifestos are palities. Improve services such as meant to give the electorate a clear There is no mention of local gov- water and sanitation, health at clin- picture and understanding of what ernment and the local governance ics and hospitals, expand free basic they represent and what they will system or how the local governance services to all households. Improve do/offer/change, if and when they system will aid service delivery. the quality of houses and improve get into office. This could perhaps be justified on services at all government centres This paper will be looking at the basis that the parties are con- i.e. police stations, clinics etc. imple- the absence of the mention of testing for national and provincial ment large projects for economic local government and service seats and are only concentrating on development, implement projects delivery at the local level, in the issues at this level and relegating in rural areas, food gardens, small manifestos of selected parties. We local government issues to the local to medium enterprises. Improve will look at the seven main parties, government elections of 2011. How- functioning of local government since 148 parties have registered ever, given that improved service through public participation. This in total to contest the elections. delivery is a critical component of at least gives an indication of the We argue that local governance the ANC’s manifesto, and that there ruling party’s drive to improve local and democracy was elevated to is a specific focus on rural develop- government by constantly reporting a sphere, equal in importance to ment, issues of local government back to the people on the gains made others, but that the way in which ought to have been included in the and challenges still to be overcome. parties treat local government and overall governance manifesto. After While local government is a feature accord it influence and profile in all, the ANC is expected to win the of the ANC’s manifesto it does not their national manifestos appears 2009 election. They have also said form a central component. One of to suggest that it is being relegated that the manifesto will provide the the most critical oversights has been back to a tier, despite the lip-service basis for the medium term when a lack of proposals as to how the paid to the importance of local re-elected, and so it thus follows ANC as a government will attempt government. Most of the major that within the overall governance to address the many thousands of parties, it seems, have ignored the framework and system, local gov- local protests of the last decade, importance of local governance and ernment is an important component some of which were violent. Many local democracy to the detriment of of both integrated and cooperative of these protests centred on issues of the overall health and well-being governance. a lack of Local Councillor account- of South Africa’s democracy and However, in terms of the ANC ability, lack of facilitation by local governance system. election campaign, there is a central representatives of service delivery telephone number that can be called and the general unhappiness in rela- African National for information and queries, and the tion to local democracy and service Congress (ANC) pre-recorded message narrates the delivery. In some instances, such In its 2009 Manifesto the African ANC’s plans for local government. as Khutsong, these violent protests National Congress has identified the It is, however, unclear whether the were aimed at National Governance five following points as its priority message was recorded for the 2006 decisions, which affected both the areas for the next five years: Local Government elections or that local government system as well it is always online and the message as citizens in a particular locality. • Creation of decent work and periodically updated and improved While it is unrealistic to expect that sustainable livelihoods upon. party manifestos for National and • Education These are some of the promises Provincial elections would focus • Health that the ANC makes towards its substantially on local governance,

42 EISA Election update south africa 2009 it is not unrealistic to expect that is- delivery areas it ought to at least be focus on local government may be sues of national government, which among the focus areas, or integrated a serious omission. affect local government, as well as into identified priority areas of the the feature of local government as election manifesto, where local United Democratic a component of the Governance governments have a role. Movement (UDM) system and the Democratic system, The seven priority areas of the should be recognised. The ANC Congress of the People UDM are: however, despite any substantive COPE identifies the following as its • Socio-economic development; focus, does seem cognizant of Lo- priority areas – to: create jobs and eradicate pov- cal Government issues in its 2009 • Fearlessly defend the constitu- erty. The UDM refers to saving manifesto. tion and uphold the rule of law costs by reassessing government The Democratic Alliance • Systematically eradicate poverty, spending and a point that is grow the economy, create decent made which is relevant to this The DA’s top five priority areas work and substantially reduce paper is ‘reassessing excessive are: unemployment spending on municipal and • Reducing poverty • Protect the environment and provincial executive salaries’ • Improving the quality of educa- our natural resources for future • Combating crime and creating a tion generations safe South Africa • Improving the quality of health • Equip and educate our children • Quality education for all South care to be globally competitive and Africans • Fighting crime and corruption ready to function in the knowl- • Clean governance for all South • Protecting and defending the edge economy and provide our Africans. Fighting corruption Constitution2 people with opportunities to and nepotism. (The ruling party acquire the necessary skills to has also institutionalised nepo- Being the official opposition, realise their full potential tism with its so-called ‘deploy- the above mentioned points are • Significantly improve the qual- ment of cadres’, which elevates the priority areas of the DA and ity of health care and increase party membership above quali- they, too, do not speak directly to health literacy fication or ability, and which issues of local governance. While • Fight and reduce crime and pro- has bred a culture of mediocrity, the priority areas identified by vide better safety and security incompetence and corruption in the DA have an impact on local for all; many parts of the civil service as government, the degree of depth • Enhance the gains made in the well as municipalities.) that may have been expected in empowerment of women to • Reliable health care for all South their manifesto in relation to the achieve gender equality Africans successes in local government that • Empower and develop the youth • Protect the environment for all the DA has scored in areas where to realise their full potential and South Africans it is in government, have not been 4 play their rightful role in soci- • Electoral reform. narrated and highlighted in the ety manifesto. The UDM does refer in part to local • Strengthen families, family life In a wide-ranging, compre­ governance when it talks to clean and communities hensive and detailed manifesto with governance /fighting corruption in • Unite the nation to act together some very sound proposals the DA the civil service, most especially in to build a truly non-racial South has, it seems, identified many areas municipalities. Africa; and, contribute to the de- in which local governments are a As skills shortages are one of velopment of Africa, strengthen critical component of governance the factors that contribute to the South South cooperation and but in its manifesto detail, seems 3 underdevelopment and incapac- build a more just world. to have assumed the integration of ity of municipalities, reassessing local governance as a component Examining the priority areas of excessive spending on municipal to such a degree, that it disappears COPE, there really is no direct and provincial executive salaries, from view. or significant mention of local attracting the right skills at munici- Thus local governance and local government or service delivery. pal level and combating corruption government is not addressed in The focus seems to be solely on at the municipal level are all well any degree of depth or detail in the issues of national and provincial identified by the UDM. DA manifesto, and yet again, while significance. a national and local government Many of these identified issues Independent Democrats manifesto would not dwell on have a direct bearing on local (ID) matters of local government, given government and COPE may yet The ID’s ten priority areas are as its critical centrality to many service come to find that a lack of any follows:

43 EISA Election update south africa 2009

• Provide a minimum grant fund- objectives are: In conclusion it is evident that ed through taxation on luxury local government and its issues are • Economic growth and job goods and sin taxes not clearly outlined in the manifes- creation • Create jobs by massively boost- tos of parties contesting the April • Combating poverty ing small business development 2009 elections. Most of the issues • Law and Order and tackling youth unemploy- mentioned are those of priority at • Education ment by providing wage subsi- the national and provincial levels, • Health dies but because the different spheres of • Redressing the past • Position South Africa as a world government are interrelated some • Land reform leader in renewable energy and of these issues do have a marked • The role of South Africa in the create thousands of jobs impact on local government. The world • Fight crime by boosting the focus of these elections is solely • The moral challenge( IFP mani- Police Service to 200,000 and on national and provincial elec- festo p 9) employing 5,000 more social tions and understandably that is workers what parties are concerned about. • Extend the rollout or ARVs, African Christian However, local governance should introduce National Health Insur- Democratic Party (ACDP) not be totally sidelined consider- ance The ACDP will focus on addressing ing how many protests have been • Fill the 55,000 vacancies in the these critical challenges: held in the past year by disgruntled health sector community members. It is also • Poverty • Provide all schools with infra- little wonder that turnout at local • Unemployment structure within two to five government elections has been • Education years, improve teaching and tremendously low, at around 48 per • Housing introduce a Child Education cent of registered voters in the 2006 • Health Grant local government elections. Despite • Justice and Crime • Institute a comprehensive rural the rhetoric that local government • Moral Regeneration and development strategy that rolls in our political and democratic sys- Integrity5 out basic services, supports tem is not a relegated subordinate farmers and builds rural mar- The pursuit of control of National sphere of government, it seems as kets Government seems to epitomise if all parties treat it as such, and it • Cut wasteful government ex- the very existence of political par- may just be that much of the malaise penditure on the Arms and ties, hence the large investment at local government level, ranging Nuclear industry and save the that goes into the campaign proc- from poor staff quality, lack of skills taxpayer billions ess during national/provincial and capacity, ill-defined mandates • Fill all vacancies in the public elections, and the focus then goes which are sometimes unfunded, service and fire incompetent of- to issues that at the local level, and unrealistic expectations of delivery, ficials and ministers who fail to which are assumed to be solely lo- and the manifestation of citizen dis- deliver cal government issues, are shelved satisfaction through violent direct • Continue to fight for the for the next round of local govern- action. This may be partly caused by realisation of constitutional ment elections. Once the national the lack of attention and application rights, especially those of the elections pass, only then do parties afforded by political parties to both poor people with disabilities, concentrate on local government local government and democracy at women and children through ‘deployment’ and develop- these critical and crucial moments in ing strategies for local government South African history. While many of the ID’s core mani- elections. The logic seems to suggest festo points relate directly to issues that once control or seats in National ENDNOTES of local government, in its broader Government are secured, the influ- 1 African National Congress 2009 57 page manifesto, local governance ence of the party trickles down to Manifesto http://www.anc.org.za/show. issues are well integrated into the the rest of the other spheres of gov- php?doc=elections/2009/manifesto/ manifesto.html&title=2009+Election ernment. During national elections ten priority areas listed, but as in Manifesto other parties, there is little substan- parties develop manifestos around 2 Democratic Alliance 2009 Manifesto, tive focus on local government and key areas that are of significance or pp. 2-3, http://www.da.org.za/campaigns. governance. importance to the entire nation, but htm?action=view- 3 2009 Congress of the People with local governance manifestos, 4 2009 United Democratic Movement Inkatha Freedom Party parties have the opportunity to look Manifesto p. 11 The IFP is focused on ensuring that to key issues that are local-specific 5 African Christian Democratic Party 2009 the needs of South Africa and South i.e. water and sanitation, free basic Manifesto p.1Manifestopage&category=63 29&sub-page=6330 Africans come first, and its key services etc.

44 EISA Election update south africa 2009 no 1 ELECTION UPDATE 2009 1 Number 1, 13 February 2009

Eastern Cape

Thabisi Hoeane – Rhodes University

This article discusses the insti- critical for registering voters – both tutional framework in place in the first-time and those who have contents Eastern Province in the run-up to changed physical locations – during the national and provincial elections specific voter-registration drives, EAStern cape 45 to be held on 22 April 2009. This and assisting voters to check their framework consists of the structural registration status. Each of the two FrEe state 47 mechanisms in place through which voter-registration drives, launched the election will be processed. It nationally in November 2008 and Gauteng 49 specifically focuses on the readi- in February 2009, was driven by at Kwazulu-natal 53 ness of the provincial Independent least three officers and, in the words Electoral Commission (IEC), the role of the Provincial Electoral Officer limpopo 56 of civil society organisations, the Reverend Bongani Finca, ‘they 1 media and mechanisms for conflict coped well with the traffic’. MPUMAlanga 58 management. The IEC has also identified and is to utilise close to 5,000 voting northern cape 62 The provincial IEC and stations (4482) around the province WEStern cape 64 its readiness for the during Election Day. This means elections that each voting station will on aver- In assessing the preparedness of this age be expected to process around institution, which is charged with 677 voters – given that the total the management and conduct of the number of registered voters in the elections, the following are consid- province is 3,037,259. ered: the structural infrastructure in The provincial IEC has also em- place and the pre-election activities barked on campaigns to strengthen which the body has undertaken to its capacity to deliver a successful deliver a credible election in the election in the form of confer- province. Some of the challenges ences and workshops for relevant this institution is faced with will stakeholders, mostly held in East also be highlighted. London. For example, it organised As with other provinces, the and conducted a two-day provincial provincial IEC has at its pinnacle seminar for political parties in De- 2 a provincial headquarters that is cember 2008. At this event various located in East London, one of levels of political party leadership the major cities in the province. at the national, providential and This is the logistical fulcrum of municipal levels were invited to all IEC activities in the province. indicate their support and declara- It is supported in this task by tion of commitment to the Electoral forty-seven municipal electoral Code of Conduct, which governs offices located in municipalities the behaviour of political parties throughout the province whose during elections. task is to manage and coordinate In addition, during the same elections at this level. This is month, the IEC hosted seminars 45 EISA Election update south africa 2009 no 1 for 250 representatives of various administering the election. Another organisation in its efforts, and in civil society organisations. These way to enhance the working of the line with its plans of having an office included traditional and religious IEC would be the strengthening of in each province, it has one in the leaders who were invited to discuss its working relationship with the Eastern Cape. It noted the following ways in which they could play a role provincial department of Local in a press release in 2008: ‘SACSEC in promoting a violence-free and Government to maximise its effi- has broadened its original objectives 3 peaceful election in the province. ciency. For example, in some prov- to include voter education …. As a These functions were explicitly inces the local government websites result SACSEC partner organisa- undertaken to forestall any kind of have links to the IEC website. This tions will also work closely with political intolerance that might arise would improve access to specific stakeholders in conducting stake 9 in the province during the election. provincial election information, for holder education countrywide’. Specific attention was focused on example, by researchers. Indeed, it preventing the outbreak of violence would be helpful to also consider The role of the media between rival political parties. In each province having a dedicated Both print and broadcast media in addition, in line with its national weblink on the National IEC web- the province are active in covering objectives of assisting the media, site for better access to information election-related issues. These outlets both local and international, to on elections. have particularly been useful in cover the elections effectively, and Notwithstanding some limita- publicising the role of the IEC and other stakeholders such as election tions, the IEC appears adequately its campaigns in terms of carrying monitors, the provincial IEC will prepared to conduct a success- adverts from the organisation on have an operational centre that will ful election in the province. This messages about the election. They provide access to information such is attested to by the fact that the of course also provide straight news as election results and other election province has registered one of the reporting of events that include information. highest totals of registered voters in party activities such as campaign Despite these preparations, the country, coming third after Gau- launches and analytical pieces which the provincial IEC has put teng and KwaZulu-Natal. Indeed through their columnists and talk into operation, there have however it surpassed its originally intended shows. been challenges that have faced the target of registering 2 million voters In addition to the national media 7 organisation. These have included by garnering 3 million. like the The Star, Mail and Guardian, the fact the province is largely rural, Sunday Times, City Press and Sowetan, which implies problems of access The role of civil society the local print media are dominated for IEC officials conducting critical organisations by two dailies, The Herald and 4 functions like voter registration. Civil society organisations play a Daily Dispatch, whose circulation Indeed, the IEC has also had to critical role as a stakeholder in as- is province-wide. They are sup­ contend with personnel issues sisting the IEC to hold a successful plemented in their role by their such as inexperienced officials who election. The primary role of these weekly versions – The Weekend Post cannot carry out their functions organisations in the province is to and Weekend Dispatch respectively. 5 competently. provide essential functions such as The other major newspaper in the The sporadic incidents of politi- monitoring the elections and voter province is the Afrikaans language cal intolerance that have cropped up education campaigns. In relation to daily Die Burgher. The other active in areas like Port Elizabeth have the former, it is worth noting that component of the print media in interfered with the functions of the organisations such as the Public elections is community newspapers IEC. These have been dealt with by Service Accountability Monitor such as the Grocott’s Mail (the intervention teams that have been (PSAM), which is located at Rhodes oldest independently owned sent by the national IEC to monitor University in Grahamstown, is newspaper in the country) based 6 these flashpoint areas. intimately involved in monitoring in Grahamstown. These are critical In terms of infrastructure limita- the elections and providing com- sources of news on the elections as tions, it can be pointed out that as mentary on the process. Its role is they focus on local election news the province has one of the highest complemented by organisations and they are also prime outlets to numbers of registered voters con- such as the Eastern Cape NGO advertise and carry messages on the 8 sideration may be given to having Coalition (ECNGOC). activities of the IEC. sub-regional offices to assist in The other civil society organisa- The two major national tele­ managing the elections. That is, the tion that plays an important role in vision stations, the South African volume of work that is supposed electoral processes in the province Broadcasting Corporation (SABC) to be handled by one regional of- is the South Africa Civil Society and ETV, dominate the electronic fice appears to be onerous for a Election Coalition (SACSEC). The media. The SABC also utilises its province such as the Eastern Cape South African Catholic Bishops Xhosa language radio channel Um- which might lead to inefficiencies in Conference (SACBC) partners the hlobo we Nene, which broadcasts out

46 EISA Election update south africa 2009 no 1 of Port Elizabeth together with the teams have been identified and are will have to prove their mettle or English-language station Algoa FM. to deployed to the various provinces fail when the campaigning reaches Providing an ancillary role to these to assist with on-site mediation and its crescendo close to Election Day 13 established outlets are a plethora of resolution of disputes’ In addi- on 22 April and in the immediate community radio stations that oper- tion, as usually these conflicts arise aftermath of the election. ate under the banner of the National between rival political parties, the Community Radio Forum (NCRF) IEC has standing dispute-resolution Conclusion whose listenership countrywide is mechanisms, mainly party liaison In conclusion, it can be stated that 10 over 7 million. Quite significantly, committees which are dedicated to the institutional framework and the the NCRF has partnered with the liaising with the IEC to deal with elections in the Eastern Cape appear 14 IEC in hosting capacity building such problems. In this regard, to be on the right track. The IEC workshops for community radio the province’s premier, Mbulelo is well prepared despite the prob- stations that concentrate on civic Sogoni, in his State of the Province lems that it has faced, civil society and voter education, democracy, Address delivered in February 2009, organisations are present that will human rights and other political specifically exhorted ‘members and provide an ancillary role to the IEC, issues. To this end, it is holding such supporters of all political parties in the media is playing its part and workshops around the country, the province to exercise political mechanisms of dispute resolution and hosted one in the province in tolerance and that leaders should ef- are in place. q 11 December 2008. fectively use the Party Liaison Struc- tures of the Independent Electoral Mechanisms for Commission to resolve conflict, thus references conflict management making sure that these elections are 1 http://www.dispatch.co.za/politics/ Historically, conflict-related elec- free of incidents of violence and article.aspx?id=268570 15 tion issues have not been rife in the intimidation’. 2 http://www.buanews.gov.za/ rs/08/08120211451003 Eastern Cape, although they do spo- In sum, it is fair to say that ad- 3 ibid. radically occur. For example, during equate measures are in place to han- 4 http://www.theherald.co.za/ the two voter-registration drives dle and resolve conflicts that may herald/2008/11/10/news/ n03_10112008.htm in late 2008 and early 2009, there arise with respect to the election. 5 ibid. were various incidents of political However, this should be qualified in 6 http://.electiions.org.za/news_get.as p?press=0&NewsID=394&Opt=&Da intimidation reported in areas such that it will be up to political parties ta=&Re… as Dimbaza, Queenstown and the and their supporters to respect and 7 http://www.dispatch.aco.za/ 12 Amahlati Municipality. maximise the use of these structures PrintArticle.aspx?ID=292334 8 http://www.ecngoc.co.za/index. In anticipation of such incidents, to resolve their differences. Indeed, php?option=com_ the IEC has noted that ‘Intervention these structures will be tested and

FREE STATE

KC Makhetha – University of the Free State

Given the rich experience of the talent within the office and the team IEC preparedness Free State Province Electoral Com- work is exceptional. Basically, all IEC preparedness refers, inter alia, mission (PEC) in managing previ- staff members understand their roles to the extent to which the IEC is ous general and local government clearly and are able to work inde­ ready to manage and conduct the elections, it is reasonable to expect pendently and inter­dependently forthcoming poll scheduled for the PEC to acquit itself well in han- throughout the process of preparing April 22 in terms of its mandate as dling the 2009 general elections. for the elections. clearly spelled out in the electoral Most of the staff component This article will focus on IEC act. The objective of the IEC is to has been there for at least for the preparedness, the role of civic strengthen constitutional democracy previous two general elections. society organisations and faith- and promote democratic electoral Mr Chris Mepha, the Provincial based organisations, the role of processes. Among its powers, duties Electoral Officer, has been there since the media, and mechanisms for and functions as stipulated in the the establishment of the IEC. He has conflict management and their Electoral Commission Act, Act 51 of had an opportunity to groom young effectiveness. 1996, section 5(1) lists the following:

47 EISA Election update south africa 2009 no 1

• to manage any election, that lessly to publicise events, and to meeting with the members of the is at national, provincial and make sure that people attend rallies parties represented at national and local levels as well as the by- and public meetings to get more provincial levels, to impart informa- elections; information. tion and discuss issues of concern. • to compile and maintain the The civil society is waking up There has to be two representatives national voters’ roll; and positioning itself well for the per political party in each of the • to promote conditions condu- upcoming election. Part of this is five Municipal Districts of the Free cive to free and fair elections; asking questions and critiquing State. Those parties that are newly • to establish and maintain party what the political parties are prom- registered in the Free State, for ex- liaison committees; ising in order to allow voters to ample the Congress of the People • to review electoral legislation; make an informed decision when (COPE) and Basotho Khutlisa Botho, • to undertake and promote re- casting their votes. People are will be invited only once they have search; starting to appreciate the value of registered and submitted their nomi- • to declare results within seven a vote and are really beginning to nation lists. This will be done in the days of an election; respect it as a basic responsibility interests of inclusiveness. • to promote voter education; and a right. Liaison with political parties and and building a working relation- • to promote knowledge of sound Role of the media ship of trust benefits both sides and democratic electoral processes. The role of the media has been criti- makes it easier for conflicts to be cal in the preparations of the IEC. resolved among political parties. It is important to note that election The media made it easier for the This relation­ship ensures that po- readiness is not dependent on IEC to reach a multitude of people. litical parties take accountability for one person or group, but a broad The manner in which information the behaviour of their members and spectrum of stakeholders, and was provided was attractive even supporters. at different stages of the process. to the youth. The media has played When there is openness and Therefore, the IEC has a huge task, its role: marketing the registration accessibility from both sides, it be- but it does seem that the Free State weekends, bringing the views of the comes clear to all that there is noth- office of the IEC is well prepared for political parties to the people and ing to hide and the rules are clear. the task at hand. allowing comments and critique to It is essential to liaise with political It is important to note that each be heard. parties throughout the three-stage time an election is scheduled the The media has been operating cycle of the electoral process – date set out in the election calendar with a high level of fairness and namely, the pre-voting, voting and for each phase of the process must political parties in the Free State post-voting stages. Conflict dimin- allow adequate time for effective have not raised any serious issues of ishes to a basic minimum, especially campaigning and public informa- media bias or impartiality in its role when organisations know where to tion efforts to happen, in order to inform and educate the public on go for support. for people to make arrangements election issues. where necessary. The election cal- South African Police Service (SAPS) endar should itself be published as Mechanisms for Another institution that is crucial part of the civic information activi- conflict management is the South African Police Service ties, in the interest of transparency and their effectiveness (SAPS). The SAPS has a huge task in and of securing public understand- managing conflict during elections, ing and confidence in the process. Party liaison committees including the period before and after Section 5(g) of the Electoral Com- elections. In the Free State, a clear Role of civil society mission Act, 51 of 1996, stipulates example was when the Congress of and faith-based that the IEC will ‘establish and the People (COPE) held its inaugural organisations maintain liaison and co-operation conference and at the same time the There is commitment among the with parties’. African National Congress (ANC) civil society organisations as well It has been reported by the IEC was celebrating in Bloemfontein, as faith-based organisations to office in the Free State that there is a roughly 20 kms from each other. promote tolerance among the civil working relationship with the Elec- Conflict is normal and it is even more society. The spirit of elections is toral institute of Southern Africa possible when two political parties, empowering people to take respon- (EISA) in facilitating the establish- who are competing for the support sibility for educating voters and the ment of the Conflict Management of the same electorate, come that general society about the impor- Committees. In fact, the Committee close to each other. Provocation can tance of voting. These organisations operates throughout the year and happen and derail all proceedings, have a close relationship with the regular meetings are held. Already, but with the support and tactful IEC and many of them work tire- the PEO, Mr Mepha, has called a planning of the three days, conflict

48 EISA Election update south africa 2009 no 1 was kept in check. The SAPS was It is for operations like these references under tremendous pressure to that one can commend the SAPS Electoral Commission Act, 51 of 1996 safeguard the leadership as well for putting mechanisms in place Electoral Act, 73 of 1998. Mepha JC, Media Briefing of February as members of both parties, while to avoid conflict between the two 11, 2009. allowing free movement of both parties by all means reasonably Interviews with individual party agents parties around the city. possible. United Nations, 1994. Human Rights and Elections. Geneva: Centre for Human Rights.

GAUTENG

Ebrahim Fakir, Ntokozo Ngidi and Sydney Letsholo – EISA

The IEC is an independent insti- that all parties registered for the an election. With respect to presid- tution that is established in terms elections in the Province signed the ing officers at polling stations, they of chapter 9 of South Africa’s Con- Code of Conduct in conformity with are required to have a minimum of stitution and is tasked (along with the Electoral Act. 8 years of administration experience other chapter nine institutions) to The IEC in Gauteng embarked and a new position, that of a Deputy support democracy. The mandate on a process of rolling out election Presiding Officer has been incepted of the IEC is to manage and admin- materials and has in place contracts in order to assist and oversee the ister the electoral process and thus for the use of facilities, of which ballot counting process as the paral- is tasked with the delivery of all the there will be 2238 voting stations in lel vote tabulation process and the appropriate logistical and process place. There will be approximately counting process overall becomes arrangements in order to deliver a 382 temporary voting stations some increasingly complex. The Gauteng free, fair and credible election. It is of which potentially pose problems IEC expects to deploy eight officials provided in the Constitutions that for the conduct of an administra- per voting station for the election. the IEC must be ready to deliver tively seamless and efficient election And IEC staff will soon be in the an election within 90 days after the in which it is easy and convenient field to administer special votes proclamation of the date of an elec- for citizens to participate. In this re- to voters who are qualified to vote tion by the President of the Republic gard the finalisation of lease agree- before the election date and as such of South Africa. The President has ments for the use of facilities for will visit old age homes, hospitals formally proclaimed the election decentralised election management and other such places to conduct date as 22 April 2009 and the IEC and administration and for the use special voting for those qualified to has stated that it will be ready to of facilities as voting stations has exercise this franchise because of deliver an election by 15 April when proved a particular difficulty, since their special circumstances. Special special votes will be administered to in some instances facilities designat- vote is scheduled for April 15. qualified voters. ed to be polling stations are reserved In fulfilling its mandate, the and or double booked to cater for Role of civil society IEC in Gauteng has conducted funerals, meetings, weddings and organisations registration drives (consistent with other community activities. South African civil society organisa- the National IEC) in the November On the recruitment of staff, the tions have come together to form 2008 and February 2009. About IEC has faced some challenges with an election coalition known as the 1.2 million voters are registered in respect to recruiting temporary staff South African Civil Society Election the Gauteng Province across 2 238 as election officials, to stem the Coalition (SACSEC). SACSEC plans voting stations. perceptions of electoral staff such to deploy in excess of 2000 election In addition, the Gauteng Pro- as teachers and other public sec- observers around the country in vincial IEC has hosted a seminar tor workers who belong to unions order to observe all facets of the 2009 on political intolerance to which all strongly identified with one or other elections, including the registration parties were invited in which the political party and who are politi- and nomination processes in the IEC provided a detailed presenta- cally prominent. pre-election period. They will also tion of the Electoral Act as well as The IEC’s guidelines in this re- be present at the polling and count- the responsibilities of political par- gard preclude recruiting a person ing stations during the elections. ties in ensuring that the election is who in the last five years stood as a At provincial level the SACSEC peaceful. It was during this event candidate for one or other party in will also have offices which will be

49 EISA Election update south africa 2009 no 1 coordinated by the South African mobilisation throughout the Gau- social conditions that were peaceful Council of Churches (SACC) and teng province in order to address and stable, under the rubric and other civil society partners, includ- the problem of voter apathy, de- theme of ‘forgive and be forgiven’. ing EISA who with the SACC Gau- spondency and a loss of faith in teng will assume overall respon- the electoral process as a means Role of social sibility for co-ordinating election towards improving the turnout of movements observation in Gauteng. voters and their participation in the The advent of new social and The strategy that has been 2009 general elections. political formations in post apart- adopted by the SACSEC is two- To meet these above stated heid South Africa has changed the pronged. The first is to facilitate goals, SACSEC has undertaken civil society landscape considerably. programmes to ensure effective civil and will undertake the following They have come to be termed ‘new society election observation through activities: social movements’ and have been direct engagement with NGOs, SACSEC has divided Gauteng a significant political actor even if CBOs and citizens. The second up into six regions with a facilita- calling for a boycott of previous strategy is to identify potential tor/coordinator in each region South African elections. In the areas of concern with respect to training and co-ordinating a total Gauteng Province specifically, the political violence, intimidation and of 250 community trainers. Each landless people movement, the intolerance in collaboration with of the community trainers will be Soweto electricity crisis committee the IEC. Through engagement with conducting 10 workshops each in and the anti privatisation forum the IEC, SACSEC aims to better their respective regions. Training (APF) called for a boycott of the understand the processes of election started in February 2009 and will 2004 national and provincial elec- administration and management so be concluded by the first week of tions under the slogan of ‘no land, that SACSEC observers are better April. no house, no vote’. However, in the informed about the standards by In addition the establishment 2006 local government elections which they determine freeness of the election monitoring network some social movements under the and fairness of the election and (the EMN) complements a range banner of the Operation Khanyisa the appropriate interventions they of civil society activities relation to Movement contested a local ward may deem necessary during the the elections. Although the EMN in Soweto. This suggests that social process. steering committee is based in the movements seem to be making In order to instrumentalise its Western Cape, it will seek to de- more instrumental calculations with mission, SACSEC aims to recruit, ploy approximately 500 monitors respect to participating in elections, train and deploy at least 60 observ- nationwide to monitor election re- on the basis of what the likely costs ers in every province, including lated abuse and violence. The EMN and benefits to them of participating Gauteng. Through its civil society is a network of independent civil in an election might be. Some of the engagement process by providing society organisations and its core social movements therefore might voter education, SACSEC aims to secretariat is composed of the Insti- not join the call for a blanket boycott mobilise the voters to turn out in tute for Democracy in South Africa, of participating in the 2009 election large numbers to vote. Action for a Safe South Africa, the despite debate within movements The premise upon which SAC- South African Council of Churches- about the strategic and tactical SEC departs is that the provision WC, the Western Cape Religious outcomes of participating or not of the relevant knowledge about Leaders Forum, the Southern Afri- participating might be. While this is elections and the electoral process can Catholic Bishops’ Conference, the case, organisations such as the (such as providing information and the Justice and Peace Commission, Landless People’s movement have workshops on the requirements for the Quaker Peace Centre and the already called for non participation registration as voters and the regis- Black Sash. resuscitating the ‘no land, no house, tration process, explaining the regu- Other civil society activities no vote’ campaign. latory and other requirements for in relation to the elections have the registration of parties contesting also taken place. Amidst fears that Role of the media the elections, and information about election violence and political in- The media plays a critical role the role and function of the IEC) will tolerance may yet again feature on in informing and educating the contribute to minimising the poten- South Africa’s electoral landscape, citizenry with respect to information tial for election conflict and provide on March 20, 2009 South African regarding electoral processes as well the necessary information to create artists and musicians came together as the policy issues surrounding enthusiasm amongst citizens for the to provide of their gifts and serv- the elections. While most (print, elections and overall have better ices through performance in a day broadcast, electronic and online) informed voters. marked for prayer and reflection have dedicated projects in relation SACSEC has carried out voter ahead of the elections. This occurred to the 2009 elections, Gauteng education programs and citizens’ at Freedom Park in order to create has very little or no Province

50 EISA Election update south africa 2009 no 1 specific coverage. Province spe­ tures have been put in place that to waves throughout the country and cific coverage has thus far been promote conflict and violence free its neighbours. The ugly pictures of subsumed under coverage of the elections. Primarily, these are the the 2008 xenophobic upsurge also elections generally, although Independent Electoral Commis- shocked the world as South Africa’s the South African Broadcasting sion’s (IEC) party liaison commit- rainbow democracy was put to the Corporation (SABC) will in the tees; conflict management panels most severe test since 1994. days before the election, on polling and the Electoral Court. In dealing day and until the results are with election-related conflicts these Mechanisms for released be broadcasting from the structures are guided by the stipu- conflict management Provinces, with a dedicated daily lations of the Electoral Act and the hour long broadcast specific to each Electoral Code of Conduct. Provincial Electoral Commission provincial broadcast This means Despite indications of an evolv- The Independent Electoral Com- that information that is province ing and increasing level of political mission (IEC) is the main institu- specific will be broadcast within maturity and tolerance in Gauteng, tion that governs elections. For any that province with elements that there are intervening structures in elections to occur there has to be have national import broadcast place, in case of election-related some form of common understand- nationally. The SABC also screens conflict. These mechanisms have ing among the main role players in a topic specific debate on Sunday been put in place as a matter of elections. The Electoral Act No 73 evenings on the SABC 2 channel course, arising out of the IEC’s Code of 1998 established the Electoral in association with the University of Conduct for political parties and Code of Conduct. In a nutshell, the of Johannesburg. Province specific due to stipulations in the electoral purpose election instrument is to information and coverage by print law, the Electoral Commission Act ensure that all registered and con- media outlets specific to Gauteng and Regulations, Act 51 of 1996 and testing political parties adhere by is consolidated with its holding the Electoral Act and Regulations, signing the Code of Conduct which companies overall election coverage Electoral Act 73 of 1998. Moreo- aims promote conditions that are at the Independent Online (http:// ver, while political violence that is conducive to free and fair elections. www.iol.co.za/index.php?set_ strictly elections related or which Importantly, every registered party id=1&click_id=3086). All other print can be termed electoral violence has or candidate must publicly commit media have election coverage, none not occurred across Gauteng on a in adhering to the requirements of of which is province specific and large scale, generalized political vio- the code. much of which aggregates media lence that is separable and distinct In an interview with Mr. Masego reports from around the country from incidences of specific election Sheburi, Gauteng’s Provincial IEC and from a selection of different related political violence has been Manger on Electoral Manager, it publications. difficult to discern, and the nature was confirmed that there was a On the nature of the coverage, of generalized political violence has seminar on 11th-12th February 2009 all media outlets have been accused been noted by the IEC to affect the in Kopanong Hotel, Benoni. Entitled of one or other sort of bias. More Gauteng Province. To this effect, ‘Tolerant Political Cultures: The Dic- substantially, the media monitor- Dr Brigalia Bam, chairperson of the tates of the Electoral Code of Con- ing NGO, Media Monitoring Africa IEC, has noted that ‘KwaZulu-Natal duct’, the seminar brought together has suggested that media coverage and the Gauteng region still bear the all the electoral stakeholders under of the elections have not provided scars of political violence’. one roof. Sheburi asserted that even much process specific information Measures of South Africa’s suc- unregistered political parties were and thus the educative element of cess and weaknesses at facilitating invited to attend the seminar. Day the media’s role has not been ad- free, fair and credible elections one of the seminar witnessed the equately fulfilled. cannot solely be judged on the Security and Justice clusters briefing absence of violence and intoler- the participants on their capacity Political tolerance and ance in an election year, when and deployment plans for the elec- conflict prevention violence and intolerance remains tions. Furthermore, the Prosecution As the Gauteng province and the a feature of the generalised politi- Authorities were also available to rest of the country gears itself for the cal culture between election years. give a brief on how measures have 2009 national elections on 22 April; There are myriad examples of such been put in place to speedily han- the effectiveness of mechanisms for generalised political violence and dle election-related prosecutions. managing election-related conflict intolerance, which in 2008 found Finally, the last day of the seminar will be critical in ensuring a cam- expression in violent attacks on culminated in registered political paign period and polling day that foreign nationals. Whilst debates parties and independent candidates is free of disruption due to conflict, about the causes of this violence making public pledges to abide violence, intolerance and intimida- and intolerance rages on, the fact by the stipulations of the Code of tion. To this end a number of struc- that it occurred has sent shock Conduct.

51 EISA Election update south africa 2009 no 1

Conflict management panels mittees is to promote transparency to decide on the composition of the The provincial electoral office has through consultation, to promote Electoral Court. The Electoral Court also devised other means through- trust between parties and between comprises of: which election-related conflict will them and the IEC, and so to pro- A chairperson, who is a judge be addressed. This includes the mote conditions conducive to free of the Appellate Division of the Su- conflict management panels which and fair elections. In terms of the preme Court, and two other judges were first introduced by the IEC 1996 Regulations on Party Liaison of the Supreme Court; and in 1999 and which have played a Committees (PLC) a provincial Two other members who are valuable role in managing electoral liaison committee may not have South African citizens. related conflict. The IEC has had a more than two representatives from partnership with EISA in designing every registered party represented Role of the judiciary appropriate material and training in the legislature of the province The Constitutional Court also plays mediators countrywide. The same concerned. PLC’s are available in all an integral role in the case of elec- partnership will be in place for the the province’s 11 municipalities. tion-related dispute. A case in point 2009 elections. Since 1999 a body of is the recent court case by the Free- well trained and well skilled media- The Electoral Court dom Front-Plus. The party success- tors are available as a resource to The Electoral Commission Act 51 fully lodged an urgent application the IEC. These panels will help in of 1996 established the Electoral with the Pretoria High Court to have the mediation of election disputes Court, which empowered the court the regulations of the Electoral Act before they reach the IEC, PLCs to adjudicate in electoral disputes. declared unconstitutional. The Pre- and the Electoral Court. The panels Section 20 of this particular Act toria High Court has referred judg- use the Alternative Dispute Reso- clearly stipulates the mandate of the ment to the Constitutional Court lution (ADR) methodology which Electoral Court; and these are: for confirmation. The Act does not emphasises compromise rather permit South Africans living abroad than litigation used by the judiciary. • The Electoral Court may review permanently the right to cast their Comprised by at least 15 members, any IEC decision concerning an vote in this year’s elections. The this panel of mediators will be made electoral matter; Homecoming Revolution, which up of members of the community • The Electoral Court may consider encourages expat South Africans who have: an appeal against a decision by to return home to address the the Commission, but only if country’s skills shortage, estimates • high standing in the com­ such a decision relates to the that about two million expatriates munity; interpretation of any law, or would be eligible to vote if the Act • election observation concerns a matter for which an was amended. However, according experience; appeal is provided by law; and to Ms. Titi Pitso- Elections Manager • high levels of legal perspective; • The Electoral Court may in­ at the Electoral Institute of Southern and vesti­gate any allegation of Africa (EISA), if indeed the Act is • peace keeping experience. misconduct, incapacity or amended, the IEC will have its work incompetence on the part of cut-out. Pitso asserts that what this EISA and the IEC have collaborated members of the Commission. means is that the IEC will first have in organising workshops to train the to send independent workers to trainers ahead of the establishment Further powers of the Electoral each country’s embassy which in of the conflict management panels Court are also expanded in the Elec- turn will be extremely expensive in throughout the country including toral Act 73 of 1998 (56). These are: terms of flight and accommodation the Gauteng Province. expenses; and this will depend on • The Electoral Court may order how many potential voters there Party Liaison Committees (PLCS) that the votes cast at a particular are in each city. The voters in for- Party liaison committees play a cru- voting station do not count in eign countries would then have to cial role in election-related conflicts. whole or in part; or be added to the voters’ roll through In order to build confidence and • That the votes cast in favour of registering and this process could trust in the IEC, the commission a registered party at a particular take time. has powers vested in it by Section 5 voting station must be deducted (1) (g) of the Electoral Commission in whole or in part from the votes Role of the South Act, 1996 and has established and cast in favour of that registered African Police Service maintained Party Liaison Commit- party in that election. As in every election the South Afri- tees (PLCs). PLCs are established can Police services deploys roughly at three levels. These are at the Based on the recommendations of 60 000 police personnel to promote national, provincial and municipal the Judicial Service Commission and air of safety and security in the levels. The purpose of these com- (JSC), the President has the power period before during and after the

52 EISA Election update south africa 2009 no 1 elections. The role of the SAPS is and over previous elections in References also to provide security with respect post apartheid South Africa, its Electoral Act, 1998 to the transportation of ballots and impartiality and integrity has been Electoral Commission Act, 1996 Pitso, T. 2004. ‘Management of Election-Related other elections materials to safe- called into question by some po- Conflicts- A Case Study of South Africa’, in guard the integrity of the IEC and litical parties. At a Congress of the Election Update, February-June. EISA the electoral process as a whole. People (COPE) election event in http://www.mg.co.za/article/2009-02-09 ‘High Court Rules in Favour of Expat Vote’. 09 With specialised briefings and Pretoria, COPE accused the SAPS Feb 2009. intelligence gathering capacity in of aiding the ANC in disrupting its http://www.iol.co.za/index: ‘Voting Abroad a Lo- relation to potential threats to the gistical Nightmare’- EISA, 10 Feb. 2009. campaign activities. http://www.search.gov.za/info/speeches Speech electoral process the role of the Even though the province of by Mr. Justice. J. Kriegler, (then) Chairper- SAPS is critical to safeguarding Gauteng is yet to experience large son of the IEC at the Parliamentary Media Briefing Week, 04 August 1998. not just the electoral process itself, scale an election-related conflict but of the rights of citizens to make for the 2009 election, on paper, it electoral choices in an atmosphere would clearly seem that these con- of safety and security. While the flict management mechanisms are SAPS has played a valuable role adequate to deal with any conflict in the electoral process thus far, that might arise.

KWAZULU-NATAL

Shauna Mottiar – ACCORD (writing in personal capacity)

The South African Constitution pro- In the 1994 and 1999 elections the sentation, where voters complete vides for ‘universal adult suffrage, province was an Inkatha Freedom two ballot papers: one for the a national common voters’ roll, Party (IFP) stronghold, with the national assembly and one for regular elections and a multi-party IFP winning 50.3 per cent of the the legislature of one of the nine system of democratic government, vote and 41 seats in the provincial provinces. No personal names to ensure accountability, responsive- legislature and 41.91per cent of the appear on the ballot papers, only the ness and openness’ (Constitution, vote and 34 seats in the legislature names of parties. Parties will submit 1d). Regular elections are often respectively (Mottiar, 2004). In the lists of their candidates for national cited as an indicator for democratic 2004 election, however, the African and provincial legislatures to the consolidation or the entrenchment National Congress (ANC) secured IEC. Effectively this means that of the democratic process (Lodge, victory in KwaZulu-Natal, taking voters cast their votes for parties and 1999). Ever since the advent of de- 46.98 per cent of the vote to the not for individual representatives mocracy in South Africa, elections IFP’s 36.82 per cent (IEC, 2004). and MPs are accountable to their have been held regularly and the The turnover of power from the parties and not to the electorate. results accepted without significant IFP to the ANC was relatively Parliamentary seats are allocated dispute. A harsher test for demo- smooth. This was evident in the in accordance with the share of the cratic consolidation in terms of way the election-related disputes vote received by each party using elections, however, is Samuel Hunt- were dealt with by the Independent the Droop Formula which assures ington’s two turnover test, whereby Electoral Commission (IEC) and that there is no formal threshold the party who held power at the accepted by political parties. Not­ for party representation in elected time of the transition to democracy withstanding arguments about office. One of the main reasons turns power over to an opposition ruling party electoral dominance for this choice of election system, party in a subsequent election and nationally, the turnover of power in keeping with the constitutional they, in turn, peacefully turn over in KwaZulu-Natal was evidence requirement for multi-partyism, power to winners of a later election that processes and mechanisms was to accommodate smaller (Huntington, 1991: 267). of democracy were progressively political parties which at the time Interestingly enough, the becoming well entrenched. of the constitutional negotiations province of KwaZulu-Natal is an represented racial minorities. example of a change in power (at the The electoral system During the first democratic election provincial level) in a national system South Africa uses a nationa­l­ist the IFP drew most of its support of ruling party electoral dominance. system of proportional repre­ from rural KwaZulu-Natal where 53 EISA Election update south africa 2009 no 1 it asserted itself in Zulu nationalist fair elections such as the ‘tolerance dent Jacob Zuma said that political terms. By the second election, of democratic political activity’ intolerance would not be accepted however, the IFP had begun to and ‘free political campaigning and that the stoning of the bus car- realise a need to transform itself from and open public debate’ (Electoral rying ANC supporters to the rally a Zulu nationalist-cum-traditionalist Code of Conduct Schedule 2). The would be duly reported to the IEC. party in keeping with the pluralism province of KwaZulu-Natal has IFP’s Albert Mncwango responded and freedom associated with a since the first election faced some by accusing ANC leaders of being liberal democracy. The IFP’s loss of challenges in this regard. During irresponsible and holding their rally support in the province paralleled the run-up to the 1994 elections too near an IFP venue. Buthelezi the ANC’s rise of support, which KwaZulu-Natal was seen as ‘the however told his supporters that has been accredited to stronger most serious instance of political all parties were allowed to canvass campaigning in KwaZulu-Natal as obstruction of free electioneering’ anywhere in the country. The out- well as the ANC’s promulgation (Lodge, 1999, 7). In the 1999 break of electoral violence at Non- of the KZN Traditional Leadership election political campaigning goma resulted in the deployment and Governance Act in 2005 which by other parties in traditional by the department of safety and meant that the 249 traditional leaders IFP strongholds was described security of a strategic intervention in the province receive salaries from as ‘discreet’ (Lodge, 1999, 84). unit. The unit is to be operative at provincial govern­ment. The ANC has During the 2004 elections, although violence hotspots and flashpoints also managed to make inroads into hotspots of violence existed, they throughout the country through rural provincial support in KwaZulu- were not significant enough to ‘individuals who will coordinate the Natal through a relationship with deter successful campaigning by election machinery for the security Zulu King Zwelithini who has a other parties such as the ANC, who cluster (for each province)’ (Mercury somewhat fragile relationship with successfully made inroads in terms 3 February 2009). IFP leader Mangosuthu Buthelezi of establishing a support base in the The IFP officially condemned (Mail&Guardian, 6 February 2009). province. In the current run-up to the incidents in Nongoma but Aside from the ANC’s strengthened elections there have, once again, been added that the clashes were in fact position in the province, the IFP reports of election-related violence. between IFP supporters and the also suffered a loss of support to Mary de Haas of the Independent police, who ‘brutalised’ the public the splinter party the National Violence Monitor in KwaZulu- without provocation. IFP officials Democratic Convention (NADECO). Natal stated that ‘there is ongoing have also complained that their NADECO was formed in low level political intimidation in public meetings in the province are September 2005 during the floor- KZN between elections with an often ‘disrupted by rowdy ANC crossing session and headed up upsurge in the build-up to them’ supporters’ and that their billboards by former IFP national chairman (Mail&Guardian 6 Feb 2009). De have been set alight and posters Ziba Jiyane, who claimed that the Haas was referring to various defaced (Daily News 2 February party represented the views of incidents of violence in the province. 2009). The Witness reported that younger more progressive members These included the stoning of ANC the ANC laid a formal complaint of the IFP. More recently, the IFP and buses by IFP supporters in Ulundi with the IEC in Durban, claiming NADECO have both lost support to and Nongoma and the alleged that, ‘Our view is that the IFP has the Congress of the People (COPE), intimidation of ANC supporters taken a deliberate long term view which recently established a Durban in Pongola. Umvoti has also been that they will never allow the ANC office and consolidated a number labelled as potentially dangerous, to freely campaign in Ulundi and of defectors from other parties there have been ongoing threats to Nongoma even if it results in the such as Mhlabunzima Mthuli, who ANC supporters in Sweetwaters, death of their opponents’ (Witness was an IFP member before joining Pietermaritzburg, threats to 4 February 2009). The SA Institute NADECO. the life of an ANC councillor of Race Relations has argued in Camperdown, Umlalasi and however that political violence in Prevention, management Emacambini declared ‘no-go’ areas, the province has been exaggerated and resolution of tensions between COPE and ANC and is isolated to minor incidents. election-related supporters in KwaDukuza, and This view is held in the light of the conflicts Izingolweni has been declared fact that relative to the situation Aside from the procedural aspects potentially volatile. The Mercury in the province fifteen years ago, of elections, the Electoral Code of reported that an ANC MP and when violence and intimidation

Conduct outlines various provisions two other people were shot and were rife and a genuine barrier to that allow for the more substantive wounded after political rallies in election campaigning and freedom elements of democracy to endure. Nongoma on 1 February (Mercury of the electoral process, the current Among these is the promotion of 2 February 2009). situation is markedly improved in conditions conducive to free and Addressing the rally, ANC presi- terms of political tolerance (Mercury

54 EISA Election update south africa 2009 no 1

6 February 2009). workshops follow on from founda- violence trends in the province. It Despite the flashpoints of vio- tion workshops, which educated also provides assistance to recourse lence and intimidation, the prov- citizens on why they should vote by the Electoral Court in the event ince of KwaZulu-Natal does not and how the voting process works. of conduct transgressions. seem to pose a significant threat The current workshops focus on The subcommittee on polling is to free campaigning by political how to make informed choices and responsible for all issues pertaining parties or voting by the electorate what issues to raise with politi- to the voting process as well as ob- in the forthcoming elections. In the cians during the campaigning and servation of the provincial election wake of the incidents of violence electioneering. The training is also (Dziva, KZNCC). in KwaZulu-Natal, the IEC held innovative in that it is designed for a two-day workshop promoting quick interventions such as in a taxi Role of social tolerance around electioneering in rank (Naidu, DDP). movements general with an emphasis on in- The voter education process is An integral element of civil society creased public participation (Sapa being carried out by the DDP in con- in South Africa is the rise of the 12 February 2009). Sixteen political junction with fifteen partners in the new social movements. Many South parties, the ANC and IFP included, province who are part of the Kwa- African social movements have been have signed a Code of Conduct Zulu-Natal CBO Coalition (COM- credited with impacting upon pro- committing themselves to non-vio- BOCO). COMBOCO represents poor policy between elections. One lence and non-intimidation during some 300 organisations throughout of these social movements is the electioneering. The Electoral Code the province. Conflict management Durban shack dwellers movement of Conduct further obliges parties training is being carried out by the Abahlali Base Mjondolo situated to ‘Liaise with other contesting par- KwaZulu-Natal Christian Council in the Kennedy Street informal ties and endeavour to ensure that (KZNCC) on the mediation sub- settlement in Durban which has they do not call public meetings, committee. The training follows declared an active abstention (from marches, rallies or other public the mediation training carried out voting) as the only strategic and political events at the same time or by the KZNCC prior to elections tactical approach to the upcoming place’ (Mail&Guardian, 11 February and is taking place in five main elections. This is in line with revo­ 2009). Political party leaders have areas: eThekwini, the south coast lutionary anti-capitalistic politics. also pledged themselves to the area, the Midlands, the Tugela area Abahlali advocates for land and Electoral Code of Conduct. ANC’s and Zululand (Baumann, KZNCC). housing for the poor as well as an Jacob Zuma visited a registration Some of the conflict management end to forced removals and access station in Nkandla where he will training was provided by the Af- by the poor to basic services. It cast his vote and IFP’s Mangosuthu rican Centre for the Constructive has grown in membership from Buthelezi visited registration sta- Resolution of Disputes (ACCORD) its original 6,000 supporters in tions in Umlazi and KwaMashu. and involved a specific course in the Kennedy Road settlement and Both leaders also warned against elections and conflict management now claims to represent ‘tens of the dangers of voter apathy (iol 7 which was formulated specifically thousands of people from more February 2009). to improve electoral processes and than 30 settlements’ (Abahlali, to advance conflict prevention and 2006). Abahlali, under the Zabalaza Role of civil society mitigation of election-related con- Anarchist Communist Front, argues organisations flicts in Africa (www.accord.org.za that voting, registering or even Civil society in KwaZulu-Natal is – Elections Programme). The course spoiling the ballot is not, from actively engaged in supporting a involves dealing with various a working class perspective, peaceful election process under election-related conflict elements active but rather an acceptance of the banner of the KwaZulu-Natal such as intolerance, no-go areas, bourgeoisie authority. The Front Democracy and Elections Forum hate speech, campaigns of violence, argues for working class action (KZNDEF). The KZNDEF is made issues related to voter registration in the form of mass struggle and up of civil society organisations in and the voters’ roll, the role of the direct action, outside and against the province and divided into five media, exclusion of women candi- the institutions of capital, political subcommittees: democracy and vot- dates, the counting process and the parties and the state. (Abahlali, er education, mediation, violence issue of frivolous lawsuits. 2009). monitoring, mitigation and polling. The KZNCC also sits on the The involvement of trade unions The Democracy Development Pro- violence monitoring subcommittee in electioneering in the province gram (DDP), heading the democra- which, since November of last year, has seen COSATU actively cam- cy and voter education subcommit- has deployed ten monitors through- paigning for the ruling ANC. It tee, is currently running some 300 out the province to monitor poten- has officially called on workers in voter education workshops across tial and actual incidents of violence KwaZulu-Natal to mobilize their ten districts in the province. The and also to compile information on families to vote for the ANC in order

55 EISA Election update south africa 2009 no 1 for the ANC to secure at least 60 per February 1999) and ‘Army Stands Huntington, S (1991) The Third Wave: Democratization in the Late Twentieth Century, cent of the vote (COSATU Today, by to Quell Violence’ (3 February Norman University of Okalahoma Press, 2009). Following the Nongoma 2009). the Witness has responded in Okalahoma Lodge, T (1999) Consolidation Democracy: incident of violence between the more measured terms with article South Africa’s Second Popular Election, IFP and ANC, COSATU called on headlines such as ‘Parties Trade Witwatersrand University Press, Johannesburg the IEC to disqualify the IFP from Blame’ (3 February 2009). The Mottiar, S “A Growing Commitment to contesting in the 2009 elections (iol Witness has also published a call Democracy, Election Update 2004, no 1, EISA ‘All Eyes on Election Safety’, Mercury 2 2 February 2009). COSATU has also and guide for registration through February 2009 been distributing its booklet ‘De- adverts in its ‘Echo’ supplement ‘Cope Makes Gains in KZN’, Mercury 19 January 2009 fend Our Movement: Advance the produced by the Centre for Adult ‘Cosatu Calls for IFP disqualification’, 2 Gains of Polokwane – Expose and Education detailing the registration February 2009 iol ‘Cosatu Vows to Spread Anti-Cope Booklet’, 28 Isolate the Black DA’. The booklet process in both English and Zulu. January 2009, iol is available at both organisation COSATU Today 12 January 2009 IEC preparedness Echo, Witness 5 February 2009 headquarters in KwaZulu-Natal ‘IEC Political Parties Must Prevent Violence’, and details the dangers to the trade In terms of election preparations, Mail & Guardian, 11 February 2009 the provincial IEC claims that it ‘Introduction to Abahlali’ October 2006, www. union federation should COPE come abahlali.org to power in the 2009 elections (iol 28 is ready for the voting process Khumalo, S, “Flashpoint at Nongoma”, Mercury following successful provincial 2 February 2009 January 2009). Khumalo, S, ‘Army Stands by to Quell Violence’, registration. In November of 2008 Mercury 3 February 2009 Role of the media the IEC reported that KwaZulu- Madlala, P, quoted in Tolsi, N, ‘Echoes of Bad Old Days’ Mail & Guardian, 6 February 2009 Democratic governance is signi­ Natal had the lowest percentage in Mbanjwa, B, Jones, S, ‘Parties Trade Blame’, ficantly supported by media that terms of voter registration among Witness 3 February 2009 ‘More than 2 Million Voters Unregistered’, 1 ensures the voters’ right to make the provinces and identified 2.2 September 2008 Sapa informed political party choices and million unregistered voters mostly ‘No Crisis of Pre-Election Violence’, Mercury 6 February 2009 promotes their right to be accurately in the Durban and Pietermaritzburg ‘Nongoma Arrest’, Witness 4 February 2009 informed as to what is happening areas. Following the registration cut- ‘Political Parties Commit to Peaceful Election’, 12 February 2009, Sapa around elections. In KwaZulu- off in February 2009, however, out of ‘Zabalaza Passive Voting or Active Boycott? The Natal the two main newspapers, an eligible 5.9 million voters in the True Question of Elections’, 8 January 2009 www.abahlali.org the Mercury and Witness, have province 4,459,291 had registered to ‘Zuma and Buthelezi Encourage People to chosen to focus on the incidents of vote. The call for registration was Vote’, 7 February 2009, iol www.accord.org.za – Elections Programme violence between the ANC and IFP therefore well received. www.elections.org.za – IEC 2009 in the province. While the Mercury References has tended to sensationalise the Interviews Constitution of the Republic of South Africa, Baumann, Christof, KZNCC 10 February 2009 violence with headlines such Act 108, 1996, Sec 1 d Dziva, Douglas, KZNCC 11 February 2009 as ‘Flashpoint at Nongoma’ (2 Electoral Act 73, 1998 Schedule 2 Naidu, Rama, DDP 10 February 2009

LIMPOPO

Lesiba Teffo – University of Limpopo

The aim of this report is to give the mechanisms for conflict man- the election. An inspection in loco a brief but analytical view of the agement and their effectiveness. at its IEC warehouse has convinced electoral process in the Limpopo the reporter that appropriate steps Province. To this end, it addresses IEC preparedness have been taken to ensure that the five main issues. First it highlights Limpopo Province is fairly large, infrastructure is in place and ready the preparedness of the Provincial with a high population concentra- to be deployed. At the time of the Electoral Commission. Secondly, it tion around the (peri) urban areas. visit workers were busy, suggesting examines the role of civil society or- In an attempt to ensure its visibility that they are almost at the tail-end ganisations and faith-based organi- and for its voice to be heard, the of their preparations. sations. Thirdly, it outlines the role Commission has created structures An interaction with the IEC of social movements such as trade across the province. It is consistently Limpopo PEO, Ms Nkaro Mateta, unions. Fourthly, it reviews the role in the news and updating the popu- shed more light on measures in of the media. Fifthly, it investigates lation on developments regarding place to ensure a speedy roll-out

56 EISA Election update south africa 2009 no 1 of programmes and deployment and very encouraging, though voter department newsletters constantly of staff and equipment as soon as education could help boost the vot- carry updates on the elections and the election date has been gazetted. ers’ roll. The areas visited are Mank- challenges often confronted in areas What could not be established is weng. Moletji, Seshego, Polokwane, engaged in cross-border disputes. the readiness of the prospective Mokopane and Mahwelereng. I was privileged to attend a media electoral officers, although it could briefing by the Commission at its be surmised that since they recently Role of civil society office in Polokwane on Monday, 9 held by-elections in some district and faith-based February 2009. I found the session municipalities this experience could organisations informative and the officers clearly be invoked in future elections. The IEC has adopted a mass voter on top of the proceedings. Valuable Ms Mateta did concede, though, education project. To achieve its information given to the media that there are challenges in certain goals, it enlisted the services of thir- included the following : areas, especially Moutse, next to ty civil society organisations. It has Groblersdal, where her team found deployed them across the province • More than 600,000 prospective it difficult to register people for the to cover at least 513 wards. voters visited more than 2,400 election. The Moutse Cross-border The commission has set up registration stations on the week- Forum has vowed not to participate meetings with stakeholders in order end of 7-8 February 2009 either in the 2009 elections until the matter to update them on the preparations, to register for the first time, or to of their transfer from Limpopo to the role they expect them to play, re-register or inspect their details Mpumalanga has been resolved. and the challenges they could face on the voters’ roll. As a result, any person who tried and how they would be tackled • Vhember District had the high- to defy the Forum ended up being whilst there is still time. To this end, est number of new registrations intimidated and/or assaulted. Some a meeting with traditional healers (39,299) followed by Mopani culprits were arrested and appeared and leaders was held on 13 February with 35,608 and Capricorn Dis- in court in the past, and as recently 2009. Subsequent to this engage- trict with 26,215. as 9 February 2009. ment, the commission will embark • 85% of all new registrations were Besides the above concerns, the on a road-show to five district in the youth category. IEC was able to register more than municipalities for an interface with • As of 9 February 2009, the vot- 3,000 voters in Moutse East alone. farming communities, that is, la- ers’ roll in the province stood at The police played a integral part bourers and employers, and as well 2,194,160 persons. in ensuring that potential voters with farmers’ unions. This interven- • The Moutse area remains vola- were not severely disadvantaged. tion is crucial because there are often tile, making it difficult for people The few service delivery protests unfavourable reports on the farms, to visit the stations. in Ga-Mampuru and Ga-Masemola especially during the election pe- • Voter education and stakeholder villages did not affect the registra- riod. It is important that both parties engagements remain priorities tion process. The protest in Moutse are advised of their rights and du- to be addressed in collaboration West did at one point lead to the ties and that what happens should with relevant state organs and temporary closure of the station. do so within the confines of the law. interested parties. The Provincial Electoral Com- It would therefore be prudent for a mission (PEC) has made commend- conflict resolutions mechanism to be Mechanisms for able efforts in redressing violence in place, and within reach for if and conflict resolution stemming from this cross-border when it is sought. Voter education It was brought to my attention that dispute and political intolerance would ease the fractious relations the IEC in the province was in the between parties. In this regard, the that often prevail during this period. past assisted by EISA when it came Commission trained some police An audit of the problems that often to resolving electoral disputes. Ap- officers in their operations. This ini- beset this sector could be a start- parently, there was a major financial tiative proved vital because, when ing point in seeking to smooth the cost involved and as a result the it became evident that special meas- operations and ensure a free and provinces were advised to fend for ures had to be resorted to in order to fair election. themselves as from 2009. As at the maintain law and order, the trained time of preparing this report, the officers took over and proceeded to Role of the media Commission was still waiting for help the IEC officials. This is one area where the Com- criteria and guidelines for devel- During the weekend of 7/8 Feb- mission is doing a commendable oping an instrument that they can ruary 2009, I visited at least six areas work. Election-related material is use in the event of disputes. This in order to assess developments and constantly in print and the elec- framework should be provided by levels of preparedness of the IEC, tronic media are churning out in- the IEC national office. the political parties and the voting formation on the election process. What has happened in the mean- population. The mood is upbeat Local newspapers and government time is that the Commission con-

57 EISA Election update south africa 2009 no 1 vened a meeting with the South attending a workshop on conflict across the five districts, but, where African Council of Churches, non- resolution. necessary, especially in hotspot governmental organisations, and I was given a glimpse of what areas, people with superior skills interested parties whose primary the structure looks like. First, there and experience could be deployed. aim is to promote and deepen de- would be a provincial structure Political parties and electoral mocracy. The stakeholders were vested with powers to resolve or officers will be given the relevant advised about the possible role that make recommendations. Second, documents as part of the electoral they would be expected to play after there would be sub-structures tool-kit.

MPUMALANGA

PV Zulu – Independent consultant

This first update focuses on the or conduct inconsistent with it is The powers and duties of the institutional framework of the invalid, and the obligations imposed Independent Electoral Commission Independent Electoral Commission by it must be fulfilled. Included in are to: (IEC), its preparations for the elec­ the constitution is a Bill of Rights, tions, applicable legislation, the role which is fundamental for democracy • manage any election and to en- of the media, community organi­ to flourish in the Republic of South sure that any election is free and sations and conflict resolution plans. Africa because it enshrines the fair and does not prejudice any The Republic of South Africa comes rights of all of the country’s citizens of the participants; from an apartheid era that was and seeks to uphold the democratic • promote conditions conducive characterised by discrimination, values of human dignity, equality to free and fair elections; disenfranchisement and the denial and freedom. • promote knowledge of sound of basic human rights and dignity According to Chapter 2, Para­ and democratic electoral proc- to the majority of its citizens. When graph 19 of the constitution, the esses by conducting electoral democracy was achieved and the Bill of Rights grants all citizens education; first democratic elections held in in South Africa a plethora of • compile and maintain voters’ 1994, a governing document was free­doms including the right to rolls by means of a system of prepared to serve as the constitution form a political party, the right to registering of eligible voters by of the country. This constitution participate in the activities of that utilising data available from was drafted to uphold certain political party and the right to government sources and infor- democratic values on which South campaign for a political party. Every mation furnished by voters; Africa as a democratic state was citizen therefore has a right to free, • compile and maintain a register founded: fair and regular elections for any of parties and establish and legislative body established in terms maintain liaison and co-opera- • Human dignity, the achieve­ of the constitution. These elections tion with parties; ment of equality and the ad- should be organised, coordinated • undertake and promote research vancement of human rights and and observed by an independent into electoral matters; freedoms; body for them to be seen to be free • develop and promote the de- • Non-racialism and non-sexism; and fair. This independent body was velopment of electoral expertise • Supremacy of the constitution established as a statutory institution and technology in all spheres of and the rule of law; called the Independent Electoral government; • Universal adult suffrage, a na- Commission (IEC) with the object • continuously review electoral tional common voters’ roll, regu- of strengthening constitutional legislation and proposed elec- lar elections and a multi-party democracy and the promotion of toral legislation, and to make system of democratic govern- democratic electoral processes. The recommendations in connection ment, to ensure accountability, Independent Electoral Commission herewith; responsiveness and openness. is expected to conduct its activities in • promote voter education; an impartial manner and to exercise • promote co-operation with and This Constitution is the supreme its powers and duties without any between persons, institutions, law of the Republic and any law fear, favour and prejudice. governments and administra-

58 EISA Election update south africa 2009 no 1

tions for the achievement of its Assembly, the provincial legisla- parties to sign the electoral Code of objects; tures and municipal councils and to Conduct. They have also established • declare the results of elections provide for related matters. This Act a party liaison committee which is for national, provincial and mu- provides for the registration of vot- in constant communication with the nicipal legislative bodies within ers, maintaining the voters’ roll, the political parties about any problems seven days after such elections; general preparations for the elec- or complaints that the parties might • adjudicate disputes which may tions, managing and administering have so that they can be resolved as arise from the organisation, the elections and the electoral Code soon as possible. administration or conducting of Conduct. The regulations under of elections and which are of an the Electoral Act are: Registration of administrative nature; and political parties • appoint appropriate public ad- • Election Regulations In terms of the Electoral Commis- ministrations in any sphere of • Regulations concerning the sion Act sections 15 to 17 (chapter government to conduct elections sub­mission of the lists of candi- 4), political parties who want to when necessary. dates participate in or to contest the elec- • Regulations on the accreditation tions must apply for registration to The electoral law of observers the IEC. The chief electoral officer The Independent Electoral Com­ • Regulations on the accreditation shall, upon application by a party mission was established as a statu- of voter education providers in the prescribed form, register tory body that is governed by the • Voter registration regulations such party. Electoral Commission Act 51 of The registration of political par- 1996. This Act makes provision for Preparedness of the ties is governed by sections 15-17 the establishment and composition provincial IEC of the Electoral Commission Act of the Electoral Commission to man- The Mpumalanga Provincial of- of 1996 (‘the Act’) read with the age elections for national, provincial fice of the IEC has just finished the Regulations for the Registration of and local legislative bodies and second round of voter registration, Political Parties of April 1998 (as referenda and to make provision for which was very successful, and its amended). Any party that wants the establishment and composition election timetable will be gazetted to participate in an election must and the powers, duties and func- on 16 February 2009. It has designed be registered with the IEC. A party tions of an Electoral Court; and to a program for itself which will as- may choose to register at national provide for matters in connection sist it in co-ordinating its activities level, which will allow such regis- therewith. to enhance its preparations for the tered party to contest elections of This Act also provides for the elections. On 16 February 2009 the National Assembly, provincial composition of the Commission, there was the first of many training legislatures and all municipal coun- appointment of Commissioners, programmes organised to train the cils. A party may however choose the conditions of service of the trainers – i.e. the people who will be to register only at municipal level Commissioners, their conduct, providing electoral/voter education for a particular municipality, and administration of the Commission, to the voters and the public at large. such party will then be allowed to the appointment of staff and the ac- They will be conducting 18 road only contest local government elec- countability of the Commission. shows throughout the province to tions for those particular municipal The regulations under this Act raise awareness among potential councils stated in its registration are: voters and the general public about application. their right to vote, the importance of The form shall, inter alia, make • Regulations for the registration exercising that right, and how they provision for the following: of political parties should vote. • Regulations on party liaison For the reason that some parts of • the name of the party; committees Mpumalanga are rural areas which • the distinguishing mark or sym- • Regulations on the conditions are governed by traditional lead- bol of the party in colour; and of service, remuneration, allow- ers, they will organise izimbizo in • the abbreviation, if any, of the ances and other benefits of the those areas where they enlist the name of the party consisting of Chief Electoral Officer and other assistance of the traditional leader not more than eight letters. administration staff concerned so that they can educate people in the rural areas about the The application shall be accompa- Another piece of statute that applies elections and the importance of vot- nied by: to the operations of the Independ- ing. On 6 March 2009 the provincial ent Electoral Commission is the office of the IEC in Mpumalanga • that party’s deed of foundation Electoral Act 73 of 1998, which seeks officially launched the elections which has been adopted at a to regulate elections of the National and invited all registered political meeting of, and has been signed

59 EISA Election update south africa 2009 no 1

by the prescribed number of per- linked to its historical tradition. rendered ineffective, service deliv- sons who are qualified voters; However, the court granted COPE ery is hampered and the needs of the • the prescribed amount, if any; the permission to use the name and community are not satisfied. and the party was registered as such. At • that party’s constitution. the moment the IEC has registered Role of faith-based 115 parties for the national elections organisations The party’s deed of foundation shall and only two parties are registered These organisations mobilise mem- contain the prescribed particulars. for the Mpumalanga Province. All bers of the community according to After a party has been registered the eleven main parties are regis- their religious conviction, beliefs, the chief electoral officer shall issue tered i.e. ANC, COPE, UDM, DA, culture and tradition. They mostly that party with a registration cer- ACDP, IFP, APC, AZAPO, PAC, ID concentrate on the spiritual needs tificate in the prescribed form and and NADECO. These are the main of their members and tend not to publish the prescribed particulars political formations in South Africa, focus on the political issues affecting of such registration in the Gazette. but there are a lot of other smaller the people. These organisations are Every registered party not repre- political parties. often apolitical and have a different sented in a legislative body shall way of addressing the social and annually renew its registration in Role of civil society economic issues that confront them the prescribed manner and at the organisations in their day-to-day lives. prescribed time. The role of civil society organisa- Due to their diversity, they According to the Electoral Act, tions is to organise the community do not always agree even on the one of the requirements for parties so that it speaks with one voice in religious and cultural matters for to contest the election is that the relation to the social welfare, eco- which they were formed. In recently party must have submitted a list of nomic, developmental needs. These years, they have tried to organise candidates to the chief electoral of- organisations serve to mobilise the forums where the leaders of these ficer in a prescribed manner by no masses and make them aware of organisations would meet and later than the relevant date stated in their rights and needs and how debate and deliberate on the socio- the election timetable. The list must those needs can be satisfied. This economic issues that affect them. be accompanied by a prescribed: type of organisation is not affiliated With these organisations it depends to any political party but represents on the political perspective of their • undertaking, signed by the duly the whole community irrespective leaders whether or not they make authorised representative of the of its political affiliation. They are any political impact. While some party, binding the party, persons more effective at community level are involved in politics, most prefer holding political office in the where they are able to engage their not to be. Those leaders that are party, and its representatives local authorities about issues that involved in some political activities and members, to the Code; affect the community at large. In are able to mobilise and conscientise • declaration, signed by the duly many communities where these the people about their rights and authorised representative of the organisations are present they are needs. party, that each candidate on allowed to sit in their local council Role of social move- the list is qualified to stand for meetings so that they represent the ments (trade unions) election in terms of the Consti- voice of the community. This makes tution or national or provincial the municipality more accountable The role of social movements like legislation under Chapter 7 of and if used properly could enhance the trade unions is primarily to pro- the Constitution; service delivery. There is sometimes mote the protection of the worker’s • acceptance of nomination, signed common ground between these rights and to create a working envi- by each candidate; organisations and one or more ronment that is conducive, safe and • undertaking signed by each political party as they use most of secure for workers to exercise their candidate, that that candidate the community needs to mobilise skills. These movements organise will be bound by the Code; and people to vote for them with a the labour force in all sectors and • deposit. promise to address those needs industries of the economy in such once in power. This phenomenon a way that they speak in one voice. The only problem with the reg- has led to the politicisation of civil This gives workers the advan- istration process was that of the society organisations and they end tage of using the collective efforts newly formed Congress of the up embroiled in party politics and to bargain against the employer in People (COPE), where the African are thus seen as affiliates of a par- times of disputes and it creates a National Congress (ANC) made a ticular political party. climate that is conducive for dispute court application to prevent COPE In the end the community be- resolution on labour-related issues. from using that name because it is comes divided along party political It also keeps the employers on their argued that the name is inextricably lines and these organisations are toes and forces them to implement

60 EISA Election update south africa 2009 no 1 labour laws as promulgated by to freedom of expression, which the public do not always have the legislatures. Members of these includes the resources and ability to access movements have access to a lot of such information themselves. economic and political education. (a) Freedom of the press and other They therefore rely on the media They are politically enlightened and media houses to provide them with also informed about voting and the information and based on that general election process. The media is allowed to report on information the public is able to However, these movements factual issues of public interest make crucial decisions like which are also politicised in a way that without any fear of intimidation party to vote for. they become aligned with certain from any political party. They political parties, which they believe however have the responsibility However, the right mentioned will assist them in their fight for to report without favour, pre­ above does not extend to: workers’ rights and economic free- judice and bias and without dom. This results in them getting sensationalisation of stories to (a) propaganda for war; involved in party political agendas. sell the newspapers or to increase (b) incitement of imminent vio- By doing that they are able to push their television ratings. Members lence; or for the regulation of the labour mar- of the media should at all times (c) advocacy of hatred that is ket by the government through the exercise due professional care based on race, ethnicity, gen- promulgation of labour laws that and utmost objectivity. This is der or religion, and that con- are sympathetic to the plight of the not always easy to do because of stitutes incitement to cause workers. the human element involved. In harm. This has been criticised by many many instances members of the businessmen as having a negative media have their own subjective Every registered party and every effect on the economy of the country opinions which they pass to the candidate: because it drives away potential in- public as facts hence the different vestors and foreign capital, thereby reports about the same incident. • must respect the role of the me- increasing the rate of unemploy- Some of the media houses are dia before, during and after an ment. owned by big conglomerates that election conducted in terms of A typical example of this is are aligned to a certain political this Act; the Congress of South African ideology and in their reporting • may not prevent access by Trade Unions (COSATU), which on issues those ideologies tend to members of the media to public is a union federation with many play themselves out. political meetings, marches, unions affiliated to it and it is in demonstrations and rallies; alliance with the African National The role of the media therefore is and Congress (ANC). The Solidarity to inform the public and report • must take all reasonable steps Union and South African Police about everything including the to ensure that journalists are Union (SAPU) are aligned with the elections and the activities of not subjected to harassment, Democratic Alliance (DA). When the different political formations intimidation, hazard, threat or the election time comes, these and the IEC. This informs and physical assault by any of their labour movements become very educates the public and it helps representatives or supporters. instrumental in mobilising support to shape their opinions and per­ for their political allies and they ceptions on issues affecting them Mechanisms for have an influence on the voting of and the country at large. Through conflict management their members. the media, political parties are and their effectiveness able to reach and sell themselves The Electoral Act gives the Com­ Role of the media to millions of South African and mission the powers to deal with The South African constitution inform them about their respective conflict situations that may arise guarantees all citizens their basic party’s agenda/ideology. The IEC from the activities of all the con- rights. This includes freedom of is also able to inform the public testing political parties relating expression by those who want to ex- about its activities, plans and to the elections. According to the press themselves politically, socially, Electoral Act 73 of 1996 section 103 artistically and otherwise. This (b) Freedom to receive or impart and 103A: freedom of expression is equally information or ideas applicable to the media, both elec- (1) Whenever the Commission, an tronic and print media. The public has a right to access to officer or the chief electoral of- According to the constitution of information and the media plays ficer is required in terms of this the Republic (section 16 of the Bill a crucial role in disseminating Act to decide an objection or an of Rights), everyone has the right the information as members of appeal, the commission or that

61 EISA Election update south africa 2009 no 1

person may attempt to resolve appoint a person who will deal the IEC is pulling out all the stops the issue that is the subject of with election-related problems and to make these elections a success. In the objection or appeal, through complaints. That person is expected terms of figures, the 2009 elections conciliation. to liaise with the two regional pan- promise to be biggest-ever elections (2) The Commission must prescribe ellists who will be responsible for if the voter turnout during the reg- the powers that may be exer- conflict resolution in the respective istration weekends is anything to cised by it, any officer, or the regions. Mpumalanga has three re- go by. The IEC had a target of 22 chief electoral officer in deciding gions, i.e. Ehlanzeni, Gert Sibande, million voters for these elections but an objection or appeal in terms and Ekangala and each of these it has exceeded that target, because of this Act. regions has two panellists. The there are about 23 million registered panellists will also be members of voters. The Commission may attempt to re- the party liaison committee which It also promises to be interest- solve through conciliation any elec- handles communication between ing with the court application by toral dispute or complaint about an the provincial office of the IEC and the Freedom Front Plus to have the infringement of the Code brought to the political parties. courts to force the IEC to allow ex- its notice by anyone involved in the patriates to vote and the formation dispute or complaint. Conclusion of the new political party which has At its provincial offices (as in With the date of the elections having changed the political atmosphere in Mpumalanga), the IEC intends to been proclaimed as 22 April 2009, the country.

NORTHERN CAPE

Angelique Harsant – University of the Free State

South Africa’s multi-party Mandela stated in the National organisations committed to a free political party system has been Assembly in 1999, ‘Because the and fair election. characterised by one-party domi- people of South Africa finally chose nance since the establishment of its a profoundly legal path to their Preparedness of the IEC democracy in April 1994. Given the revolution, those who frame and The input of the IEC is important as split of the ruling African National enact constitution and law are in the it is an institution which had been Congress (ANC) and formation of vanguard of the fight for change. It mandated by the Constitution of splinter group, the Congress of the is in the legislatures that the instru- South Africa to ensure a free and fair People (COPE), predictions are that ments have been fashioned to create election and to instil and maintain a the 2009 election is likely to be one of a better life for all. It is here that culture of democracy. As such, every the most important elections since oversight of government has been election is regarded by the IEC as a the transitional elections of 1994. exercised. It is here that our society test which will ensure that the elec- South Africa, which will also with all its formations has had an tion held is free and fair. Since 1994 be celebrating a decade and a half opportunity to influence policy the IEC has proven its commitment of democracy in April, has been and its implementation’ (Mandela, to its mandate and has with each cemented within a comprehensive 1999). It is therefore important to election achieved its constitutional institutional and legal framework. monitor the national as well as pro- duty in promoting a culture of de- This framework includes legislation vincial events during the upcoming mocracy in South Africa. such as the Constitution (Act 108 of election. The IEC oversees not only the 1996), the Electoral Commissions This report will provide a con- national and local government Act (51 of 1996), the Electoral Act text for and background to the insti- elections but also the by-elections. (73 of 1998) and the newly designed tutional framework of the Northern In line with electoral procedures provincial legislatures. With this Cape within which this election will the IEC in the Northern Cape had framework in place it remains im- take place. The focus of this report to remind political parties that, in perative to pro-actively use these in- is to elucidate provincial dynamics view of the political reshuffling, stitutions to entrench a democratic with regard to the preparedness of councillors had to resign from the culture within the country. the Independent Electoral Commis- parties they wish to defect from South Africa’s young legislatures sion (IEC), the contesting political before the IEC’s November 2008 play an integral role in promoting parties in the province, the role deadline (DFA, 2008:3). Reporter political participation. As Nelson of the media and the civil society Michelle Cahill (2008:2) reported 62 EISA Election update south africa 2009 no 1 that 15 councillors from the ANC organisation within the Forum. Rev. ‘… urged loyal members of the and 1 from the Independent Demo- Segalo from the SACC is the Chair- ANC not to allow themselves to crats resigned from their respective man of the NCDEF. The NCDEF is be distracted by all the confused parties and joined COPE. Despite recognised by the IEC who has also people who are angry and bitter the political reshuffling the ANC commended the forum for the posi- because they have lost positions of won a landslide victory in the by- tive results that it has obtained in leadership in the ANC and therefore elections held in January 2009 by the democratic electoral processes think they can challenge the Afri- 80 per cent. Elkin Topkin, the IEC in the Northern Cape (NCDEF, can National Congress’ (Fielding, provincial manager, declared that 2009). 2008:5). Some of the high-profile ‘there was approximately 50% voter political reshuffling includes the turnout compared to the usual av- Role of the Media MEC of Finances Pakes Dikgetsi, erage of 35%. Smaller towns in the The media plays a vital role in the Pieter Saaiman (MEC for Tourism, province such as Garies recorded a forming of public opinion about a Environment, Nature Conservation 60% voter turnout while towns such variety of electoral issues ranging and Economic Affairs), and Nately as Kamiesberg, Keimoes and Uping- from voter participation to election du Toit (Provincial Co-ordinator of ton had an average voter turnout of manifestos of the different political the Youth Movement), all of whom 50-55%. Hartswater and Kimberley parties as well as conveying impor- have consequently joined COPE had a lower voter turnout of 40%’ tant election results. It is the role of (Cahill, 2009:2). (Kwon Hoo, 2009:2). In an interest- the media to relay political events to The ANC has not let the grass ing turn of events ninety-four of the general public in an unbiased, grow under its feet and started the ANC members who had left the objective and apolitical manner. campaigning for the 2009 election in party to join COPE had returned Among the various media tools 2008. In November 2008 Jacob Zuma and were welcomed back into the used in the Northern Cape are the toured the province accompanied fold of the ANC. Diamond Fields Advertiser, Volksblad by key role players in the province Justice Bekebeke, provincial Noordkaap, and Kits-nuus. The local which included John Block (ANC), electoral officer, and political par- radio stations such as Teemaneng Grizelda Cjiekella (ANC Women’s ties have pulled out all the stops to Radio station not only convey im- League), Vuyo Roji (ANC Youth encourage voters in the Northern portant information regarding the League), Peter Bailey (COSATU) Cape to make use of the registration electoral issues and procedures but and Norman Shushu (SACP). Zuma weekend to exercise their demo- also have regular political debates had a tight schedule during his cratic right to participate in the where listeners, especially the first visit to the province since the 2009 election. Bekebeke explained youth, can have an opportunity to ANC conference at Polokwane and in the media that ‘with regards to voice their concerns and opinions. was scheduled to meet with ANC staff and station readiness … all election workers, religious leaders, structures are in place and that all Preparedness of the women, the youth, alliance part- material is already at the respective political parties ners, Mass Democratic Movement municipal electoral offices and will As the political parties gear up for Formations as well as door-to-door be posted to the stations …’ (Field- the upcoming elections ‘... the bat- visits. Zuma also met with the !Xun ing, 2009:6). tle lines have been drawn for what and Khwe chiefs of the San commu- could be the most fiercely contested nity and attended a gala event for Role of civil society elections in South Africa since 1994, fundraising (Fielding, 2008:4). organisations with the ANC moving into top gear In the previous election, gender Civil society organisation plays …’ (De Lange et al, 2008:2). Despite was one of the issues high on the a vital role in ensuring that voter the usual canvassing for votes, political agenda; however, the burn- education takes place, ensuring free launching of manifestos and debat- ing issue for this election seems to be and fair elections and maintaining ing with opposing parties, political education and job creation. In No- peace and security during elec- parties have to closely observe the vember 2008 the ANC Youth League tions. Civil society organisations political reshuffling of council- President, Julius Malema, addressed and faith-based organisations in the lors, members of the provincial a huge crowd at the Mayibuye Northern Cape which focused on legislature (MPLs), members of the centre in Galeshewe in Kimberley building democracy and ensuring provincial executives (MECs) and and criticised those responsible for peaceful, free and fair democratic members of parties. education in the province, stating elections have consolidated their Alvin Botes, the provincial that ‘young people do participate efforts and formed the Northern deputy secretary of the ANC in in politics in South Africa and of the Cape Elections and Democracy the Northern Cape, indicated that 1.6 million registered voters 77 per Forum (NCDEF). The South Afri- while the party respected the deci- cent were young people and most can Council of Churches (SACC) sion of those who wished to align of these were women. ‘Our vote in the Northern Cape is the leading themselves with other parties he does not come cheap. We want a

63 EISA Election update south africa 2009 no 1 university in Kimberley’. Malema improving the quality of education in References called on Jacob Zuma to create job the Province’ (Fielding, 2008:2). The Cahill, M. 2008. No new defections as party opportunities. He also emphasised African Christian Democratic Party takes stock. Diamond Fields Advertiser. 13 November, p 2. that these have to be permanent jobs (ACDP’s) provincial leader, Francois ––––. 2009. It is merely time to move on - and not temporary opportunities Van Wyk, agrees that education is Saaiman. Diamond Fields Advertiser. 23 (Van der Merwe, 2008:1). an important issue and concern and January, p 2. De Lange, D; Mbanjwa,X; Makinana, A and During the final state of the stated that education in the Northern Davis,G. 2008. ‘New party hits a snag’. Dia- province address by current pre- Cape ‘… must be addressed as a mat- mond Fields Advertiser. 4 November, p2. Diamond Fields Advertiser. 2008. Clock ticks for mier Dipuo Peters, on 13 Febru- ter of urgency’ (DFA, 2009:5). quitters. 12 November, p 3. ary 2009, before she moved on to ––––. 2009. ‘Education issues must be a matter the national level, she touched on Conclusion of urgency’. 12 February, p 5. Fielding, S. 2008. ‘Party gears up for Zuma visit’. numerous challenges and achieve- The high voter turnout for both the Diamond Fields Advertiser. 11 November, ments of the education system in the by-election and the registration drive p 4. province and concluded the topic is a positive sign for the up-coming ––––. 2008. ‘Masses leave for new party’. Diamond Fields Advertiser. 11 November: by stating that the measurement general election on April 22. p5. criteria of the education system The IEC and the political parties ––––. 2008. ‘ANC breaks its silence’. Diamond Fields Advertiser. 18 December, p 2. should not rest mainly with the have gone all out to get voters to ––––. 2009. ‘Last roll call for voters’. Diamond results of the national senior certifi- register for the election. The political Fields Advertiser. 6 February, p 4. cate. Dipuo Peters suggested that a parties have displayed their post- Kwon Hoo, S. 2009. ‘COPE crushed in by- elections’. Diamond Fields Advertiser. 30 holistic analysis should be done of ers all over the towns and cities of January, p 2. the education system in its entirety the Northern Cape and provided ––––. 2009. ‘It was a privilege’. Diamond Fields Advertiser. 13 February, p 6. (Van der Merwe, 2009:2; Kwon Hoo, transport for their supporter’s to reg- Mandela, N. R. 1999. Speech by President 2009:6). istration stations. Sampie Cloete, the Nelson Mandela at the final sitting of the The ANC in the province is Independent Democrats Northern first democratically elected parliament, 26 March 1999. committed to addressing the edu- Cape Provincial Chairperson, paid Northern Cape Elections and Democracy cational needs in the Northern the highest price while cam­paigning Forum. 2009. Proposed 2009 Elections for the party when he died in a car Preparatory Plan. Provided by the North- Cape, with the ANC Provincial ern Cape IEC office in Kimberley. Secretary, Zamani Saul, stating that accident. Van der Merwe, H. 2008. ‘Loop maar Premier’. the deployment of the premiership The next report will focus on Volksblad. 14 November, p 1. ––––. 2009. NK-Premier op pad na parlement, candidate John Block as MEC of the registration process and parties’ sê Saul. Volksblad. 30 January, p 2. Education ‘… sends a clear message manifesto drives in the province in of the ANC’s seriousness towards preparation for the 2009 elections.

WESTERN CAPE

John Akokpari – University of Cape Town

The impending 2009 national elec- This update focuses on five main Preparedness of the tions promise to reshape the compo- issues. Western Cape Provincial sition of parliament. Since the ANC First, it outlines the preparedness Electoral Commission National Congress in Polokwane of the Provincial Independent The Western Cape electoral com­ in November 2007, interest and Electoral Commission (IEC) of mission is confident that it is anxieties have grown regarding the the Western Cape to manage the suitably prepared for the 2009 outcome of the 2009 polls. The for- elections. Secondly, it reviews the General Elections, in terms of mation of the Congress of the People role of civil society in the electoral meeting expectations. Two of the (COPE) late in 2008 has added to process. Thirdly, it looks at the areas of activity generating such this anxiety. The Western Cape is role of social movements such as high optimism within the Provincial expected to witness major political trade unions. Fourthly, the role IEC office are the preparatory pro­ party activity in the weeks lead- of the media is examined and cesses around delimitation and ing up to the elections. Yet there is fifthly, various mechanisms for voter registration. also anxiety about the potential for the prevention and management trouble in light of the rising stakes of election-related conflicts are Delimitation exercise in the elections. discussed. Delimitation involves subdividing

64 EISA Election update south africa 2009 no 1 the geographic area of the province The role of civil society the youth wing of COPE is also into voting districts. Each voting Civil society and non-governmental working hard to garner the support district is serviced by one voting organisations have been involved of the youth in the province for the station. Urban voting districts in the campaign to ensure peaceful new party. contain on average 3,000 voters and trouble-free elections. Religious Yet there is a more interesting located within a radius of some groups have been particularly development in the Western Cape. 7,5 km of the voting station whilst vocal on the need for tolerance and The Mail and Guardian (25-01-09) rural voting districts accommodate peace in the run-up and during the reports that Tony Ehrenreich, the approximately 1,200 voters located election. The Western Cape is host provincial secretary of COSATU, is within a radius of some 10 km of to a number of religious faiths, hatching plans to form a new politi- the voting station. The delimitation including Christians, Muslims, cal party to contest the provincial process was successfully completed Buddhists and Jews, all of whom elections in April 2009. Rather than in 2008. In the Western Cape there have been preaching love and hurting the ANC, Ehrenreich ar- was an increase in the number of tolerance. These religious groups gues that the move is strategic and voting districts from 1,348 in 2004 all hope for peace and tranquillity, aims at helping to garner support to 1,541 in 2009. The majority of given the spate of intolerance among for the ANC, while denying this voting districts, numbering 818, are supporters of political parties. So far to COPE, the DA and the ID. This in the City of Cape Town, which no religious group in the Western comes against a backdrop of the also has the largest population in Cape has openly declared support battered image of the ANC in the the Western Cape. The essence of for a particular political party. Western Province. There is a grow- proper delimitation is to ensure Similarly, no women’s groups or ing opposition to the ANC in the that polling stations are made acces- other recognised civil society body province and this is reflected in two sible to the electorate. This in turn has thrown its support behind any recent well-respected opinion polls ensures that eligible voters are not of the political parties. This neutral which indicated that 59 percent of disenfranchised due to an inability electoral stance on the part of voters in the province are hostile to to readily reach polling stations. civil society organisations towards the ANC. This hostile bloc of vot- Improper delimitation is a potential political parties is good for peace ers includes ANC members who source of tension not only among and democracy in the province are disillusioned with the party’s contending political parties but also and in the country as a whole. The leadership. Ehrenreich also hopes between political parties and the only civil society organisations to count on another 20 percent of provincial IEC. All political parties openly lending support to, and voters who, according to the polls, seem content with the delimitation campaigning for, political parties in are either undecided or will not vote exercise. the province are the youth leagues at all. Ehrenreich’s ultimate objec- of the respective parties. tive is to ‘capture’ those hostile to Voter Registration the ANC and prevent them from The two voter registration week- The role of social voting for rival parties. Ehrenreich ends in the province were complet- movements hopes to enter into a coalition with ed without major incident. These While the majority of civil society the ANC in the province after the served as a trial-run to check the organisations show no open sup- election, or with other parties to functioning of systems and proc- port for political parties, this cannot guarantee himself a position as a esses in the voting districts. Apart be said of some social movements. public figure. from isolated cases of minor dis- The provincial branch of COSATU turbances the registration process has been active in garnering support The role of media went off smoothly. The numbers of for the ANC. There are talks of the The media is playing a no less criti- registered voters following two reg- emergence of a new labour union cal role in educating and informing istration weekends were announced federation to challenge the COSATU people in the province on important on 11 February. In total, 2,630,174 dominance. If this materialises the developments relating to the elec- voters are registered in the Western Western Cape will surely become a tions. The print media has in the Cape. This represents a high figure, highly contested battleground for last several weeks been reporting perhaps due to the increased inter- the rival labour unions. In the last on important developments and in est in the elections. People who few years the ANC lost control over the process generating, even height- did not register to vote in previous the Western Cape and Cape Town ening, enthusiasm in the electoral elections seem to be keen to vote in particular. It is little surprise that process. The main English-language this time around. The president of- the Provincial branches of the ANC newspapers – The Cape Argus and ficially proclaimed the election date Youth League and COSATU would The Cape Times – both reported on on 12 February so voter registrations intensify their efforts in trying to the gazetting of the electoral date for the National and Provincial elec- improve the fortunes of the party set for 22 April 2009. Interestingly, tions are now closed. in the province. At the same time the gazetting coincided with the

65 EISA Election update south africa 2009 no 1

High Court rejection of the Freedom around CAPE is making fresh security services, and particularly Front Plus’s urgent application to attempts to prevent COPE from the South African Police Service stop the presidential proclamation using the name, evoking Section (SAPS), to assist in managing any of the election date. On another 16(1)(b) of the Electoral Act. This conflict situations in the run-up to level the saga with the gazetting Act empowers the chief electoral elections and on the actual polling of the election date also increased officer to deny registration to a day. It is anticipated that in addi- public interest on the discussion or political party ‘if a proposed name, tion to the 6-8 IEC officials to be rather the debate around the subject abbreviated name, distinguishing deployed, there will be at least two of granting South Africans in the mark or symbol mentioned in the policemen at each polling station diaspora the right to vote. application resembles the name, on voting day. This will enable the The media also reports on the abbreviated name, distinguishing IEC to deal with any eventuality in support of political parties in the mark or symbol, as the case may the form of security breaches and province. Quoting a TSN poll, the be, or any other registered party to disturbances. Cape Argus highlights the steady such an extent that it may deceive or The registration weekends went decline of support for the ANC in confuse voters.’ One of the leading off mostly without incident; how­ Cape Town, falling from 25 percent objectives of CAPE as highlighted ever, there were a few cases of of those polled in September 2008 to in its election manifesto is to secure conflict. One of the cases reported 18 percent in November, while the the independence of the Cape of occurred on 8 February in Du support of the DA grew from 20 to Good Hope and to establish the Noon in Cape Town where 300 24 percent during the same period. ‘Kaaplander nation.’ people attempted to force their The DA leader, Helen Zille, is up- The media is also helping to way into the voting station when beat about this development and expose the seeming schism in the it became evident that it was is determined to raise the fortunes ruling ANC at the topmost level. closing. According to political party of her party in the 2009 elections to The media reports allegations that representatives the IEC officials new heights – from its traditional former premier of the Western closed the doors at 4.30 pm, shutting ‘fight back’ stance to one of ‘we Cape, Mr Ibrahim Rasool, among a out a long line of people outside are ready to govern if you’ll allow group of staff in the presidency are Inkwenkwezi High School who us’. However, whether the DA’s deliberately undermining the ANC were waiting to register. Those in the growing support translates into electoral campaign by planning the school hall were allowed to register actual votes will only be known president’s itinerary in such a way but those outside were not allowed after April 22. that makes it impossible for him in. When those not in the hall began Like the DA, the Congress of to meet his election schedule. By shouting and attempting to get in the People (COPE) also enjoys engaging in this act, Rasool and his the IEC officials called the police support in the province, but it accomplices are alleged to be indi- who restored calm. According to the seemed to be destined to fight rectly helping the cause of COPE, representatives of political parties, numerous court battles at least in the ANC’s most bitter rival. This al- people were angry that they were the months preceding the April legation was reported to have been not allowed to register. On its part, elections. Having won an earlier made by Nomvula Mokonyane, the the IEC blamed people for arriving court battle against the ANC over ANC convenor in the Western Cape late to the polling stations and said the use of its name, COPE seems to following President Motlanthe’s there had to be a cut-off time set. In be emerging victorious in another failure to turn up, apparently due Khayelitsha three men were arrested legal battle, this time around the to a tight itinerary, for a scheduled for disrupting voter registration on Cape Town-based Cape Argus ANC rally in Cape Town on Sunday the final registration weekend. They reports in its Sunday 15 February 8 February. The provincial ANC were part of a group of residents edition that the little known and convenor, however, denies this al- who decided to boycott the voter regionally-based political party, legation. Part of the allegation also registration process in protest at the Cape Party (CAPE), is dragging claims that some members of the the way the government handled COPE to the electoral court on the staff in the presidency are making service delivery. They appeared in grounds that the name COPE bears efforts to distance President Motlan- the Khayelitsha Magistrate’s Court a resemblance to its name and the from the ANC. on 10 February and were granted could confuse voters. CAPE filed its bail. The case was postponed to electoral court papers on Friday 14 Mechanisms for May 15. February. This is not the first time conflict management Yet, the real potential for conflict CAPE has registered its objection and their effectiveness is the seeming tension between sup- to the use of the name COPE. In The potential for conflicts and vio- porters of political parties. There December 2008 CAPE’s objection to lence is high in the weeks leading have been reports of disruptions the registration of COPE was thrown up to the elections. As a result, the of party rallies by rival political out by the electoral court. This time IEC is working closely with the parties in the Western Cape. COPE

66 EISA Election update south africa 2009 no 1 has accused the ANC of failing to quite another for its supporters to The provincial IEC plans to restrain its supporters who consist- respect and adhere to the provisions deploy sufficient staff to each poll- ently disrupt its political gatherings. of the agreement. ing station. However, with over The recent signing of the memo- Political leaders may appeal to 1,000 polling stations to cover, this randum of understanding among their supporters to be tolerant of is likely to stretch the human and political parties under the aegis other parties. But will the supporters financial resources of the office to of the national IEC may go a long heed the call? This is the question. breaking point. way towards mitigating potential The provincial IEC is confident that Having said that, it is hoped clashes between supporters of rival the necessary infrastructure and that the 2009 election will go down political parties. It is, however, one mechanisms have been put in place as a most remarkable exercise in thing for party the leaders to sign for a smooth and trouble-free poll the Western Cape’s post-apartheid an agreement against violence and on April 22. history.

67 EISA Election update south africa 2009 no 2 ELECTION UPDATE 2009 2 Number 2, 27 February 2009

Eastern Cape

Thabisi Hoeane – Rhodes University

This preview discusses, in turn, the African National Congress the electoral performance of parties (ANC), the United Democratic contents that contested the 2004 provincial Movement (UDM), the Democratic elections, voter registration issues, Alliance (DA) and the Pan Africanist EAStern cape 68 party manifestos development, Congress (PAC), constituting 30 per nomination processes and media cent of all contestants, succeeded in FrEe state 71 coverage of the election campaign. being represented in the provincial Gauteng 75 legislature. The performance of The ANC, as in the 1994 and Kwazulu-natal 80 political parties in 1999 elections, won the province the 2004 elections with 1,768,987 votes (79.27 per cent) limpopo 85 Thirteen parties contested the translating into 51 seats in the 63- provincial elections. Four of them, seat provincial chamber. What was MPUMAlanga 88

northern cape 92 Table 1: Eastern Cape Provincial Elections Results 2004* WEStern cape 95 Political Party Votes % Votes Seats African National Congress 1,768,987 79.27 51 United Democratic 205,993 9.23 6 Movement Democratic Alliance 163,785 7.34 5 Pan Africanist Congress 22,324 1.00 1 African Christian 17,372 0.78 0 Democratic Party Independent Democrats 17,314 0.78 0 New National Party 14,084 0.63 0 Freedom Front+ 5,692 0.26 0 Inkatha Freedom Party 4,373 0.20 0 Azanian People’s 3,884 0.17 0 Organisation Socialist Party of Azania 3,356 0.15 0 United Christian 2,707 0.12 0 Democratic Party National Action 1,672 0.07 0 Total 2,231,543 100 63

Source: This table has been adapted from tables posted on the following websites: http://www. eisa.org.za/WEP/sou2004results1.htm and http://www.elections.org.za/Elections2004_Static. asp?radResult=50&se1Province=1

68 EISA Election update south africa 2009 no 2 significant in the ANC’s win was regular day-to-day registration at between parties that will compete that its margin of victory surpassed municipal offices, was held in the for votes in this province. that of its national performance, province in two segments on 8 and in which it had gained 69.69 per 9 November 2008 and 7 and 8 Party manifesto cent. It was followed by the United February 2009. development Democratic Movement (UDM), In the first election drive in Developing an understanding of the which was contesting its second November 2008, the province came process that leads to the production provincial election. The UDM re­ third after KwaZulu-Natal (451,030) of party manifestos and analysis claimed the official opposition and Gauteng (369,623) in registering of this process from the provincial status it had gained in 1999 by new voters, who totalled 193,444.2 perspective hinges on two issues: registering 205,993 votes (9.23 per Indeed, the high level of voter the formal procedures outlined in cent) and six seats. Third was the interest among Eastern Cape voters party documents and the actual Democratic Alliance (DA) with was revealed in the findings of the activities undertaken by parties 163,785 votes (7.34 per cent) and voter participation survey of 2008, to solicit input to their internal five seats, while the Pan Africanist undertaken by the Human Sciences structures. Congress (PAC) had 22,324 votes (1 Research Council (HSRC) on behalf It is notable that at both levels of per cent) and one seat. of the IEC, in which 81 per cent analysis there are serious challenges The remainder of the parties of voters indicated that they had in engaging an exposition of these that contested the elections, the already registered, a figure that was processes, as parties provide scant African Christian Democratic Party only surpassed by the Northern information to assist informed (ACDP) Independent Democrats Cape at 82 per cent.3 comment. To contextualise this (ID), New National Party( NNP), In terms of the final tally of observation, very few parties make Freedom Front Plus (FF+), Inkatha voters registered in the province, such information available in terms Freedom Party ( IFP), Azanian the IEC noted in its parliamentary of the activities that they carry out People’s Organisation (Azapo), the briefing on the process after the to actualise the production of these Socialist Party of Azania (Sopa), the second registration drive that the documents from information that United Christian Democratic Party province registered the third- was gleaned from their websites (UCDP) and National Action (NA), highest number of voters, with 7 The common thread that runs all failed to gain representation 3,055,655 voters registered.4 through such documents, which in the provincial legislature, as Most significantly, as the IEC were accessed from only two individually they all had under one indicates on its website, according parties, the ANC and Cope, is per cent support. to its percentage voter registration an emphasis on the consultative The voter turnout was 79.31 per municipality maps, over half of processes that these parties enter cent, with less than 1.2 per cent of the municipalities in the province into with their general membership spoiled ballots and it is instructive reflect more than 50 per cent of and interested stakeholders, in to note that the turnout was higher registered voters.5 producing their manifestos. than the national average, which Two major trends revealed For example, in the lead-up was 76.73 per cent. them­selves from these high regis­ to its manifesto launch, Cope As a brief prognosis for the tration figures. The first was that published on its website a detailed 2009 elections, it is most likely that the majority of registered voters are programme of activities that indi­ all these parties will contest the both female and young. There are cated scheduled consultation with election, except the New National 1,772,489 registered female voters different sectors such as civil society Party (NNP), which was disbanded versus 1,283,166 million males, organisations, traditional leaders, after the 2004 poll, and with a and the age group which reflects the business community and labour new party, Congress of the People the highest number is that of 20- to organisations.8 The ANC, on the (Cope), entering the race. 29-year-olds, at 727,339, translating other hand, in addition to the input into 24 per cent of all registered sourced from its internal structures, Voter registration voters in the province6 This means launched various campaigns that The registration of voters in the that if young female voters come encouraged the general public province followed national trends, out in high numbers on polling day, to contribute their ideas for the with the Independent Electoral they will have a significant impact manifesto via sms, fax and e-mail.9 Commission (IEC) noting the high on the results. Other parties such as the Inde­ level of national interest among The other revealing issue about pendent Democrats (ID) and voters, which surpassed its initially these figures is that the high turnout Azanian People’s Organisation projected target of 22 million to 23 for the registration drives and (Azapo) provide relatively scant million.1 As in other provinces, the heightened enthusiasm for the information on the process they special registration drives under­ forthcoming election means that follow to produce their manifestos. taken by the IEC, in addition to the there is going to be serious contest Parties such as the African People’s

69 EISA Election update south africa 2009 no 2

Convention (APC) and the Freedom and, ultimately, to the national that he appeared on Cope’s list for Front Plus (FF+) exhibit what can structures which make the final the post of provincial premier.14 be considered to be poor political decision. The simmering tensions over organisation during election time, In the context of the lead-up nomination to party lists have as their websites do not provide to the provincial election, these also surfaced within Cope’s pro­ information on their election list-producing processes have vincial structures. One of the activities.10 Given this scenario, it been under­­pinned by major most serious conflicts arose in is difficult to analyse how most controversies within political the party’s Amathole Regional political parties produce their parties about which candidates Conference held in Butterworth manifestos and, critically, the level should be finally endorsed to stand in early February, when some of participation of their provincial for the elections. This issue has dele­gates accused the provincial structures in the production of these been highlighted in the media with leadership of not consulting them documents. respect to parties that are very active enough about the nominations.15 In summation of this section, in the province. In this regard, the Most revealing of these tensions two conclusions can be drawn. major focus has been on such parties was the complaint that Cope was Firstly, relatively small parties, and as the ANC, COPE and the DA. promoting ‘a family dynasty’, as those who have no presence or Within the ANC, the debate Professor Nkuhlu, the mooted inclination to contest the province has been to what extent its party’s premier designate, is the competitively, tend to give very alliance partners in the province, uncle of the provincial chairperson, little attention to input from the Congress of South African Andile Nkuhlu.16 provincial structures or do not have Trades Unions (Cosatu) and the Heated debate has also accom­ mechanisms to do so. Secondly, South African Communist Party panied the list nomination process it is the parties that are seriously (SACP) should be represented on within the DA, with party insiders competing for votes in the province ANC lists. This contestation was alleging that the national leader, that take tangible steps to involve illustrated when these alliance Helen Zille, was interfering in not only their internal structures, partners’ preferred candidate provincial affairs by placing her but the general public, in soliciting for premier, Phumulo Masualle, favourite candidates on the list.17 input for the final production of who is also an SACP office-bearer, This prompted the regional leader, their manifestos. However, the was provisionally placed third Athol Trollip, to vehemently re­ question here is to what extent these on the draft list.11 Indeed, some ject the charges by noting that inputs, especially those from the confusion crept into the process, candidates were nominated by general public, have an impact in because Jacob Zuma, the ANC their regions and their potential terms of being included in the final candidate for National President, for leadership assessed by a party manifestos. was nominated for the premiership selection committee and an outside This is simply impossible to of the province.12 agency, Deloitte and Touche.18 analyse and assess, as these parties The former scenario indicates Provincial nominations within do not indicate which suggestions the highly contested intra-alliance prominent political parties in the they have carried into the final conflicts around lists, while the province have been highly charged, manifesto and which they have latter points to poor political although differentially, given that discarded. manage­ment, illustrated by the fact it is clear that the province will be that Zuma, the party candidate for strongly contested in the up-coming Nomination process of president, could even be considered election, an observation emphasised candidates by some branches and regions for by the high voter interest noted The nomination of candidates for the position of premiership of the earlier. public office, by placing them on province. national and provincial lists, can The other sub-text to these Media coverage of the be gleaned from consulting the tensions has been the suspension campaigns constitutions of political parties. or expulsion of suspected Cope Both print and electronic media Some parties explicitly do so and sympathisers who are still ANC coverage has been vigorous. The others do not. members in various areas of the print coverage has been dominated Those parties that provide this province, most possibly in order to by The Herald and the Daily Dispatch information in their constitutions open space on the nomination lists.13 and their weekend editions, the (usually the major ones such as the The highest-profile individual to Weekend Post and Saturday Dispatch ANC and DA) stipulate that this suffer this fate is Professor Wiseman respectively. These publications process is initiated at the lowest Nkuhlu, who was expelled as the have, in addition to general news level of the party structure, usually head of the board of the Eastern coverage of the campaigns, focused at the branch level, through to the Cape Economic Development Cor­ on dedicating specific election pages sub-regional, provincial structures, poration (ECDC) after indications in their editions.

70 EISA Election update south africa 2009 no 2

Furthermore, coverage and the REFERENCES unpacking of election issues has been 1 http://www.elections.org.za/news_get.a 15 Nsimelelo Njwabane, ‘Battle for assisted by regular contributions sp?press=0&NewsID=398&Opt=&Dat Cope posts heats up’, Daily Dispatch, from columnists and commissioned a=&Re February 28 2009, p. 4. 2 Ibid. 16 Ibid. articles from independent analysts 3 http://www.elections.rog.za/news_get.a 17 Myibongwe Maqhina, ‘DA leaders and academics. sp?press=0&NewsID=395&oPT=&dAT dilemma: where shall I serve’, Daily A notable factor is that the print A=&Re Dispatch 28 January 2009, p. 4. 4 See http://www.iol.co.za/index. 18 Ibid. media has remained relatively php?set_id=1&click_id=3086&art_ 19 http://www.mg.co.za/article/2009- unscathed by criticism of biased id=nw2009021715352 02-03-zapo-blasts-sabc-for-biased- 5 http://www.elections.rog. reporting reporting, most likely because za.Percentage_Register.asp 20 City Press, ‘SABC News Election they are private concerns, unlike 6 http://www.elections.org.za/Statistics1. Coverage Special’, 7 December 2008, the public broadcaster, the South asp?page=1 pp. 30-31. 7 See for example the following website African Broadcasting Corporation pages: http://www.anc.org.za/ancdocs/ (SABC), which has come under pr/2008/pr1128.html http://www. congressofthepeople.org.za/page. intense criticism for alleged biased php?17 reporting. This was illustrated by 8 http://www.congresofthepeople.org.za/ an incident on 22 February, when page.php?17 9 http://www.anc.org.za/ancdocs/ Azapo members disrupted a live pr/2009/pr0123.html broadcast of an election debate 10 http://www.theapc.org.za/ ; http://www. vryheidsfront.co.za on SABC 2, which resulted in a 11 Msimelelo NJwabane, ‘Alliance brawl, with protesters accusing partners “ready for war” over E Cape the broadcaster of ignoring their ANC lists’ Daily Dispatch 27 January 19 2009, p. 1. party. 12 Msimelelo Njwabane, ‘Shocks galore Generally the media coverage on ANC’s nominations list’, Saturday has been incisive and extensive in Dispatch, 24 January 2007, p. 7. 13 For these accounts, see for example, bringing election news to the broad Daily Dispatch ‘Premier denies “rebels population. This can be gleaned purge”’, 25 November 2008, Grocott’s Mail, ‘ANC puts the boot in’, 9 from the fact that, for example, December 2008, Daily Dispatch, ‘ANC the SABC notes that each day its leaders sack 15 councillors for Cope viewers and listeners reach the links’. 14 Patrick Cull, ‘Cope candidate Nkuhlu 27 million mark nationally and axed from ECDC board’, The Herald, access these services in various 25 February 2009, p. 2. languages.20

Free State

KC Makhetha – University of the Free State

Elections build governments public resources and represented Electoral performance and set agendas for the country. the interests of society over the last of parties in the Elections serve as an opportunity five year period. It is also a chance province in 2004 to evaluate and assess the achieve- to renew the mandate of the party The elections of 2004 were highly ments and failures of a government in government, and to assure pos- competitive and some of the par- and develop a plan for the future. It sible public representatives of the ties registered to contest the 2004 is a time when promises, formulated society’s support of the government elections in the Free State were in their manifestos, are made by that it forms; after all, a government the African National Congress political parties. cannot achieve much alone. Partici- (ANC), Democratic Alliance (DA), Elections serve as an instrument pation of civil society is critical for African Christian Democratic Party of expression for the electorate as democracy to prevail. (ACDP), United Christian Demo- well as for political parties. It is an How did the elections of 2004 cratic Party (UCDP), Freedom Front opportune time to require a govern- run? Which parties were involved (FF), Inkatha Freedom Party (IFP), ment to account for how it spent and how did they perform? New National Party (NNP), United

71 EISA Election update south africa 2009 no 2

Democratic Movement (UDM), It should also be clear that one The IEC also reported at an and Dikwankwetla Party of South was dealing with an electorate Election Indaba that out of 1,8 Africa. in transformation. Based on the million eligible voters, 1,1 million For these parties to perform well changes in the demographics of the had registered to vote in the 2004 in the 2004 elections, campaigning voters and the different motivations election. These figures showed the had to be powerful and strategic. of South African voters, it is clear commitment of the electorate and Campaigning requires volunteers that there was a trend developing it was clear that democracy was and leaders who are well informed over the years, one that will have strengthening and in comparison and very clear and bold about party a bearing on the performance of with the 1999 figures, a trend was policies and strategies for delivery. political parties at the polls. developing where over 90 per cent Political parties had to organise According to Sakhele et al. of the registered voters actually workshops to empower their mem- (2007:115), voter behaviour is shaped voted. bers who would be on the campaign by social and economic conditions The management of the voter trail, to sharpen their skills and and therefore, rapid socio-economic registration process was very ef- pump up their commitment and and political transformation can al- ficient; the process was smooth confidence in the ability of a party ter long-standing or frozen cleavage and peaceful. Political parties gave to deliver. structures that often guide electoral their support and co-operation as Through campaigns, members behaviour. promised and that complemented gain depth of knowledge about a To support the above observa- the job of the IEC. party and commit to its standpoint. tion, Sakhele et al. noted the follow- For voter registration, 1,063 Members also develop their charis- ing facts within the South African registration stations were open and matic leadership skills to influence society. Firstly, the electorate has 3,186 registration officers were ap- the decisions of the voters in favour undergone enormous changes. pointed and thoroughly trained. All of their party. For example, the demographics of points were accessible as the issue The result of the elections of the electorate are vastly different of distance travelled by citizens was 2004 reflected the performance of from those of 1994. Generational taken into account, and that maxim- political parties and all came out changes drastically altered the age ised the achievements. as winners due to proportional composition of the population with With all the successes stated so representation, the electoral system an increasing proportion of young far, it is important to note that in being used. voters aged between 18 and 30. This 2004 there was a level of apathy This electoral system allowed has been experienced within the among the youth. To attract the even the minority parties to be rep- Free State as well, where there has youth to register to vote, it took resented, with the African National been a clear increase in the number some effort to help them under- Congress (ANC) coming out as the of youth registering as voters, from stand the importance and the power obvious winner of the majority 2004. Approximately one-third of of a vote. There was a strong feeling votes, followed by the Democratic the potential electorate in 2004 had of detachment from elections; as Alliance (DA) as the official opposi- been too young to vote in 1994. though elections did not affect the tion in the Free State. Demographic population shifts lives of young people. It should be noted that as much and growth have also altered the In comparison with 2004, 2009 as the parties performed well at regional and racial composition of shows signs that the message of the the ballot box, this was not neces- the electorate, with the urban and importance of voting has become sarily a reflection of sound service African share rising. clearer to the youth. There is a bet- delivery. Instead, the outcome in Given these definite shifts, one ter understanding and ownership of the Free State confirmed the high has a mental picture of how the the future and the kind of leader­ level of hope the African National performance of political parties may ship the youth would want to be Congress represented for the major- be affected and might continue to be represented by. There is a realisation ity of the electorate. The people still shaped by how the electorate makes that if they do not participate in believed strongly that the ANC had decisions about its voting power. electing the leaders of tomorrow, the capacity to deliver and given the someone else will choose them for socio-economic challenges of the Voter registration them and it will take five years to province and taking into account Voter registration leading to the exercise the right to vote again. that the rural vote is stronger, the elections of 14 April 2004 was a The 2004 elections were signifi- ANC gave the electorate in this success in many ways. Both women cant and will be remembered as the area the hope that one day, poverty and the youth registered in great election when prisoners first gained would be eradicated and people numbers. It was clear that civil so- the right to vote. This development would have the basics such as food, ciety was beginning to realise and was an achievement for democracy shelter, education and safety and understand the seriousness and the as prisoners remain citizens of the security. value of voting. country and in the Free State, the

72 EISA Election update south africa 2009 no 2

IEC was ready to face the challenge ensure that the permanent venues ing, and that confirms people have of voter registration in prisons. The were accessible even to physically started to value the power they have prisoners were also excited and disabled voters. in a vote. used the opportunity to register as Once the draft of a manifesto has voters and eventually voted. Party manifesto done its rounds of approval through development the levels of authority within a Voting stations and The development of the manifes- party and is endorsed as the official staffing tos of political parties is a process document to campaign for an elec- Throughout the years since 1999, which requires serious thought and tion, then the manifesto is launched the IEC has tried to set up a stable commitment. It requires focus and formally to mark the beginning of network of voting stations and it understanding of the challenges of campaigning. This document gets was stated by IEC personnel that society and how far a party wants to to be put to the test and also to be this strategy allowed voters to use go. This puts a party in a position to held as the way to the future. a venue where they know that decide on the issues which are criti- The manifesto guides nomina- voter registration and voting will cal to the party and what its belief tion processes. Once the agenda consistently take place. Therefore, system is. A party can decide to of elections is clear, then the best the IEC worked hard to try, as far have a single focus or multi-focuses drivers of this agenda have to be as possible, to use the same venues depending on the number of issues nominated to serve the people. used in 1999 and in 2004 elections, the party feels strongly about. This for registration and voting. process has to be guided by the ide- Nomination process There were basic principles ology of a party so as to formulate The candidate nomination process followed to reach the decision on strategy. in the Free State was vibrant in voting stations, for example: Developing a manifesto has to 2004, with parties forming alliances involve members at branches of a and partnerships for the elections. • the requirement to have one political party. It has to be an inclu- Dikwankwetla Party of South Africa voting station per voting sive process so that all members can had formed an alliance with the district; associate with its result, that being Pan Africanist Congress of Azania • the same venue to be used for the manifesto. The process requires (PAC). This was one strategy which both voter registration and rigorous discussion, debate and some of the opposition parties were voting; consultation of a broader member- using to strengthen their power and • permanent structures having ship, as well as critical thought their chances of being represented to be used as venues as afar as around possible questions that in parliament. possible; and might be asked directly in relation It is important to note that repre- • identification of alternative to the manifesto. sentation is at the core of democracy venues in a voting district, to The manifesto has to be realistic and democratic governance. There- serve as an alternative, in case to be attractive to the electorate and fore, the process of nominating the ‘first choice’ venue not being it is also important to consider the fi- those representatives is crucial. available. nancial implications of what stands Another alliance which was in the manifesto, in case a party is formed was the Freedom Alliance The criteria used to identify a new voted in with a majority vote. (FA); this was an alliance among venue in situations where the venue It is important to develop a the Freedom Front (FF), Conserva- used in the past elections was not manifesto which is real and not full tive Party (CP) and the Afrikaans available, were as follows: of empty promises because the elec- Eenheidsbeweging (AEB). This torate has learned from experience was a move by opposition par- • the centrality of venue in relation to differentiate what is achievable ties which were predominantly to the Voting District; from what is not. It is essential to Afrikaans and were perceived and • accessibility; avoid ambiguity and use simple, known to represent the interests of • safety and security; easy to read language which the the Afrikaners, to consolidate their • size (the venue had to be roughly electorate can comprehend. The support and strengthen their voice. 100 square metres to accom- electorate should be able to relate to A strategy like this helped to avoid modate 25 officials and related issues, thereby improving chances votes being split, to the detriment administrative materials); and of gaining support and votes. of all parties involved. Parties then • availability of water, toilets, The electorate of 2004 was more focused on common policy issues electricity and a telephone. sophisticated than that of 1999 and and manifestos and promoted those 1994, and one can expect even more as a collective. The Free State province managed complexity in 2009. The electorate, The Independent Democrats to comply with the requirements including the youth, is beginning (ID) constituted a new party on the and extra work had to be done to to be more critical and demand- block in 2004 and was represented

73 EISA Election update south africa 2009 no 2 in the Free State province. What was Media coverage of The media has a role in assisting noticeable about the party then is election campaign government to spread information that there was huge representation Campaigning without media would to society. Political parties, being of women in the leadership and not be the same. Media plays an part of society, have a share of cover- nomination processes at branch essential role in a democracy and age that they can claim. In the whole level in the Free State were largely according to Roskin, media should process, objectivity is critical as it transparent. be there to transmit and provide determines reliability of source. Party lists of all parties regis- factual information, to raise aware- Political parties which had regis- tered for participation in the 2004 ness, and to a large extent, educate tered to contest elections in the Free election were required to be submit- and develop critical thinking among State, received coverage on some of ted to the IEC provincial office, in the public. their campaign trails and in other this case, in the Free State, together In 2004, media coverage was cases, there were costs involved with all the other essentials; a pre- good. There was a variety of print which brought discussion around scribed acceptance of nomination and electronic media bringing party financing to the fore. signed by each candidate, a certified election coverage in several lan­ Having experienced the media copy of the green bar-coded identity guages and for the Free State, in operation in the Free State, one document (page of the photo and there was enough broadcast in waits in anticipation to see the level identity number). This process oc- Sesotho, Afrik­aans and English, to which the media has improved curred immediately after the date among other languages.Coverage in coverage. There is also far more me- of elections was announced. Even Setswana reached areas like Thaba dia at play in the Free State, many for the elections of 2009, it should Nchu and Zulu-language speakers more accessible and free. Technol- be expected that the same would were catered for, especially in the ogy has also taken media to another be required. Harri­s­mith area, close to KwaZulu- level and that is a critical level where The process of compiling party Natal. the youth operates. To target the lists carries a huge responsibil- Generally, no community was youth for the 2009 elections, more ity and should be done with great left out, as small towns of the Free creativity is necessary. sensitivity. Nomination lists and State were visited and people were Having touched on several campaigning determines the level afforded an opportunity to air their aspects of the previous elections of of representation and therefore the views. 2004, it is also crucial to reflect on level of support possible. It is the From the IEC’s side, there was the safety and security aspect of the responsibility of the political parties a programme on Sundays on Radio elections as this is vital in creating to ascertain that the people nomi- Lesedi at 10h00 called ‘Thuto tsa se- an environment conducive to free nated on their lists have the best lehae’. This programme was aimed and fair elections. interests of the parties and of society at educating the voters and general in general, and that they are willing society about electoral issues and to serve. These are the people into their responsibilities in a democracy, whose hands society puts their with reference to the 2004 elections. References trust and they will be expected to Another programme was broadcast EISA Election Update 2004. Johannesburg: represent the hopes and aspirations in the mornings between 05h00– EISA. (needs and wants) of the broader 07h00, focusing on elections and IEC, 1999: Report: Electoral Commission of the Republic of South Africa – National society in all their operations. The the people’s experiences around and Provincial Elections, 2 June 1999. electorate depends on the discretion the Free State. Furthermore, Radio Informal Interview: Free State PEO – Chris of their party leaders to nominate Lesedi was broadcasting from Mepha. Roskin, M. G, 1996. Political Science: An appropriate people for the job. different areas in the Free State, to Introduction. Engelwood Cliffs, New Jersey: Nomination processes, like all increase access to the media. Prentice-Hall. Sakhele, B. et al. 2007. State of the Nation – other election activities, attract a It is important to note that the South Africa 2007. lot of media attention. In 2004, the media has a responsibility to bring media played their part. news to the attention of the people.

74 EISA Election update south africa 2009 no 2

Gauteng Electoral performance of parties in the province in 2004

Ebrahim Fakir, Sydney Letsholo and Ntokozo Ngidi – EISA

A prospective election, like Trailing behind in second place, may not have suggested this), its the 2009 national and provincial with a huge gap between it and the identity as a liberation movement elections in South Africa, is an op- ANC in first place, was the DA (15 with the continents longest longev- portune time at which to review seats) which after these elections ity record (in existence from 1912), the electoral results and thereby the became the official opposition party a popular front in the form of the performance of political parties in in the province. Among the main mass democratic movement (prin- previous elections. This article will reasons given for the impressive cipally through its alliance with the focus specifically on the election electoral performance of the ANC in Congress of South African Trade results for the Gauteng Province Gauteng in the 2004 elections were Unions and the South African Com- in the 2004 elections and the clear its strong liberation credentials and munist Party, but also through the picture that emerges is the electoral its fluid ability to move between inclusion of sectoral interests such dominance of the African National different identities depending on as religious groups, professional as- Congress (ANC) not only in the the tactical outcome it desired. The sociations and business groupings Gauteng Province. Eighteen politi- ANC was able, at one and the same which lends the ANC a multi-class cal parties contested the elections in time, to shift its organisational and character). Gauteng in 2004, and of those, only political/ideological identity from Its vigorous electioneering, eight parties, on the basis of the being a modern political party with which included an extensive cam­ proportional electoral outcomes, all the organisational, institutional, paign across the entire Gauteng managed to secure the correspond- policy and decision-making proc- Province, intensive in its approach ing number of seats1 (see Table 1) in esses of a modern party, to that of a through mixing traditional political the provincial legislature. broad social movement with deep activist campaigning, mass rallies The Gauteng legislature has a penetration into society’s grassroots and door-to-door visits, interest total of 73 seats. Of all these seats, (even though its performance in group bilateral and multi- lateral Table 1 depicts the electoral domi- government and many decisions meetings, billboards, flyers and ra- nance of the ANC with 51 seats. taken by the ANC in government dio, newspaper and magazine advertisements, together with the use of new media technologies Table 1: 2004 Election Results – Gauteng such as internet website and ban- ner adverts on selected websites, Party Votes % Votes Seats blogs, and cell phone messaging. African National Congress 2 331 121 68.4 51 Television adverts were not allowed in 2004, so did not feature in any Democratic Alliance 708 081 20.78 15 of the political parties campaigns, including the ANC’s campaign. For Inkatha Freedom Party 85 500 2.51 2 the 2009 election, most parties had African Christian 55 991 1.64 1 television adverts in addition to the Democratic Party traditional campaign media. These were restricted to the larger parties Independent Democrats 51 921 1.52 1 who could afford placing television adverts, with smaller parties, which Freedom Front- Plus 45 648 1.34 1 could neither afford the production United Democratic 33 644 0.99 1 costs nor the placement costs of Movement televisions adverts, having to forgo the luxury. Pan Africanist Party 29 076 0.85 1 Not unexpectedly, none of the Source: http://www.elections.org.za/2004results political parties contesting only the national elections, or the national

75 EISA Election update south africa 2009 no 2 and some provincial elections or coordinator, Mlungisi Hlongwane the 2004 voting statistics for the just the provincial elections, placed (former leader of the South African province. any television adverts and thus National Civics Organisation and The provincial electoral com­ none of the parties contesting the AMC member), who has since left mission was highly satisfied with elections in the Gauteng province COPE to rejoin the ANC. the 2004 voter turnout. This high only, placed any television adverts. A trend which manifested voter-turnout was largely attributed Twenty-eight parties have submit- nationally from the 2004 election to vigorous voter-education initia- ted candidates’ lists to contest the was also evident in the Gauteng tives and intensive electioneering elections for the National Assem- Province. Indicative in this regard acti­vities that were undertaken bly: 17 in the Eastern Cape, 14 in was the political decline of both by the electoral stakeholders. It is the Free State, 20 in Gauteng, 18 in the New National Party (NNP) and expected that turnout at the 2009 KwaZulu-Natal, 18 in Limpopo, 15 the IFP, with some of the leaders of election will be high, and this as- in Mpumalanga, 16 in the North- the NNP (and a smaller number sumption is premised on the final West Province, 13 in the North- of followers joining and folding registration figures. The turnout ern Cape and 22 in the Western into the ANC) while some of the may not be as high as expected, Cape. Eleven Political Parties will supporters of the erstwhile NNP due to a number of considerations. contest the National as well as migrated its political support to However, the registration figures do all nine provincial elections. The the DA or any number of other provide some indicator of the level Gauteng Province will also have opposition parties. of interest in political activity, and the New Vision Party, Alliance of Most analysts predict that the as the registration figures, suggest, Free Democrats, Great Congress effect of past NNP voters on this this number is highest in Gauteng of SA, Movement Democratic election will be neg­li­gible, since Province. Party, Christian Democratic Party, the migration of NNP voters had Women Forward and the National already been precipitated at the voter registration Democratic Convention. All these 2004 elections leading to the NNP Ntokozo Ngidi and Ebrahim Fakir parties will be contesting at least decline, and the political support After the two registration drives, the National and some provinces available for distribution and its and continuous registration including Gauteng, with only one impact is bound to be negligible at municipal offices, the IEC’s party the African Christian Alliance, since its voters had already registration figures reveal that contesting no other elections except expressed alternative political overall, across South Africa, close for the Gauteng Provincial legis- preferences. On other fronts the to 23 million voters registered, lature and the North West legisla- 2004 elections saw the surprise compared to the 20 million captured ture. newcomer, the Independent for the 2004 election registration None of these parties really democrats (ID) formed by Patricia process. 1.2 million voters registered made any showing in past elec- de Lille after crossing the floor from in Gauteng Province across 2,238 tions and it seems reasonable to the Pan Africanist Congress (PAC) voting stations. 9,930 of these surmise that many will not feature but retaining none of the PAC’s registered in the final registration at all in the coming elections. The ideological bent or its dysfunction. weekend of 7 and 8 February 2009. emergence of the Congress of the In its first contested election in In the 18 to 29 age group, Gauteng People (COPE), however, has raised the Gauteng Province in 2004, Province has the highest number of the electoral stakes in the battle for it amassed a total of 51,921 of voters among the 18 to 29 age group, control of Gauteng province. This the votes. Table 2 below depicts with 30 1 743 out of a nationwide 18 will be the party’s first electoral contest and former COSATU gen- Table 2: Gauteng Election Statistics – 2004 eral secretary and ANC Premier of the Province, Mbhazima ‘Sam’ Shi- 2004 - Gauteng Voting Statistics lowa, who resigned from the ANC after Mbeki’s axing as President of Registered Voters 4 650 594 the Republic in 2008 to join COPE, Ballots Cast 3 452 225 remains popular in the Province. However, Shilowa is not the COPE Percentage Poll 74.23 premiership candidate for Gau- teng and his popularity may not Valid Ballots 3 408 308 necessarily boost COPE’s electoral Spoilt Ballots 43 917 prospects in the Province. Matters for COPE could be further com- % Spoilt 1.27 plicated by the recent and sudden resignation of its Gauteng election Source: http://www.elections.org.za/statistics2004

76 EISA Election update south africa 2009 no 2 to 29 age group of 6 million voters, party might be and therefore how states that its adopts the conference compared to 4 million in this age inclusive or exclusive its party resolutions of its December 2007 cohort in 2004. This figure, however, manifesto development process Polokwane conference which trans- is not as impressive for young and may be. It is, however, generally lates into its manifesto that becomes first-time voters, given that there are agreed that a party’s processes need the blueprint for governance once it ‘6 million people in the 18 to 24 age only be maximally open to its mem- wins the elections, with the current cohort, but only 3.8 million who are bers, and possibly supporters, even manifesto being aimed to serve as actually registered to vote’.2 though an individual’s support for an ANC government ANC Medium- a party may in fact be hard to verify Term Strategic Framework (MTSF) Party manifesto and prove. Consequently, in some for the 2009-2014 period. development parties the manifesto development The ANC manifesto, the ANC Very little is publicly known about process is dominated by internal argues, is also rooted in the Strategy political parties’ manifesto develop­ party elites, or party leaders, or and Tactics document, a conceptual ment processes in South Africa. a core group of policy elites who and political guide, as the name Political party media, campaign guide, and in some instances domi- suggests, to the strategies it seeks to materials and websites, while often nate, the manifesto development adopt and the tactics it seeks to follow containing the actual policy detail process to the exclusion of others, in incrementally achieving its vision and manifesto content, do not pro- rank and file members especially. of the Freedom Charter. The 1996 vide any detail of the process by Other parties have an inclusive Reconstruction and Development which policy and manifesto proc- process in which all members are Programme (RDP), the Constitution esses are developed. given a chance to contribute to the of South Africa, the resolutions and Parties also do not reveal what development of the manifesto and policies of 52nd ANC National their internal procedures entail. other parties are inclusive only Conference (Polokwane 2007), the Formal electoral or statutory provi- to the extent that others in the 2008 January 8th National Executive sions also do not require disclosure party are consulted on aspects of Committee (NEC) Statement and of any of these details. This may in the manifesto. Yet others are inclu- the 15 Year Review of Government fact be due to inadequate reportage sive only to the extent of sharing also contribute to providing the of the manifesto development proc- and explaining the manifesto and overarching framework for the ess or a lack of interest by the media what informs its content before crafting of the manifesto. in reporting what some assume to releasing it to the public. In some The ANC NEC, sub-divided into be simply descriptive detail. The cases, parties may be so closed that portfolio sub-committees, spelled little that is known about internal the manifesto development process out the 2007 conference policy political party policy and decision is not only dominated, but solely resolutions, which process itself in- making processes is due to glimpses determined, by a select group of volved consultation with the ANC’s received from press releases, press leaders or party policy-makers. Alliance Partners (the Congress of statements and occasionally from Other parties follow a process in South African Trade Unions, the other media reports. The ANC, which the manifesto is developed South African Communist Party however, has publicised its manifes- by a select group and then consulted and the South African National to development process extensively upon within the various organs and Civics Organisation) through the on its website as well as through structures of the party. It may thus Alliance Summit which was held radio and print advertisements, be evident that the process by which in May 2008, the Mass Democratic flyers, pamphlets and other media a manifesto is arrived at by a party Movement (MDM) Summit held in – inviting primarily its members, follows permutations of inclusivity September 2008, and the Alliance but also the public, to contribute and exclusivity and processes that Economic Summit held in October ideas to the ANC manifesto. Other are as diverse and numerous as 2008. parties publicised their manifesto there are parties. In November 2008 the ANC development process much less, The ANC has anchored its 2009 launched a public manifesto cam- except for the respective launches manifesto on the ideals of the Free- paign entitled ‘My ANC; My Vision; of the manifesto. dom Charter, appropriating to itself My Future’ which invited the public Every party has an ideologi- this document in its battle with to submit suggestions on what the cal predisposition informed by a the newly formed COPE. In real- manifesto should contain through a set of core principles, values and ity, however, the Freedom Charter website, cell-phone short messages beliefs that guide the content and and its meaning is itself contested (SMS), or through letters and by tel- the course of the manifesto devel- and both COPE and the ANC’s ephone. In addition, various public opment process, and the political appeal to the Freedom Charter rep- meetings were called and ANC identity of the party may in part resents a particular understanding branches were mandated to conduct determine how open, transparent, interpretation of it. In drawing up community visits and consultations, participatory and consultative a the manifesto, the ANC explicitly all with the aim of gathering infor-

77 EISA Election update south africa 2009 no 2 mation regarding what issues South in a Special National Council meet- nominee. The DA’s process is clearly Africans felt needed addressing, so ing on Friday 27 February, when the a thorough and intensive one, aimed that these could be included in the extended national and provincial at attracting the best available and manifesto. A Manifesto Policy Con- leadership and delegates from the committed talent. It also featured ference was held on the 29 and 30 UDM’s provincial structures care- an innovative way to recruit new November 2008, after which time a fully considered each candidate on members, but it is not certain that manifesto drafting committee went a range of criteria, balancing the DA membership figures went up through all of the submissions and considerations of expertise, gender dramatically because of a response suggestions received through the and youth representation, race, geo- to the call for adverts. Most re- public campaign, integrated them graphic and regional diversity5 spondents to the DA adverts were with the main policy resolutions, the The DA usually deals with the existing DA members or sympathis- summit resolutions and the thrust of nomination process through its ers, and the pool of respondents was the content of the framework docu- electoral college, and for the 2009 without any strongly identifiable ments. The manifesto was launched process it was no different, even political allegiance and affiliation on 10 January 2009. though significant innovations were either to a party or a strong set of Not many other parties have ac- introduced. For the 2009 election political ideals, and who wished to tually provided a description of the nomination process, the DA fol- take a shot at being an MP for the process by and through which their lowed an unusual and unorthodox DA, was small overall. manifestos are drafted, and the same practice by placing advertisements COPE also followed a process applies to the candidate nomination (like job adverts) in the media, to that was unconventional and con- process, except for the Democratic which interested candidates could troversial. The nomination process Alliance, whose candidate nomina- respond. The candidates were was conducted through a selection tion process is extensively described short-listed and interviewed if they panel chaired by the University in a publicly available document on were already members of the party of South Africa Vice-Chancellor, its website. and if not, naturally had to join the Professor Barney Pityana. Pityana party. In terms of the DA’s own tabled a report of the selection Candidate nomination constitutional processes, the entire process, evaluations and selection process process was conducted through its criteria, which included a list of Each party follows a different nomi- federal candidates’ election com- options of names to be on COPE’s nation process. The ANC3, the IFP mittee (FCEC). In addition, electoral candidate list, which was submit- and the UDM facilitated candidate colleges were established by the ted to6 COPE’s Congress National nomination processes through their party in each province, which were Committee for discussion and branch structures and grassroots mandated to elect the pool of can- debate. This committee then final- membership. The IFP applied the didates for the National Assembly ised the names for the candidate constituency system in respect of and for the provincial legislature list, which were initially solicited the process of nominations of its for that province, and further in- from the approximately 500,000 candidates in which the branches terview the candidates nominated members claimed by COPE, and and constituencies could nominate for election to the National Coun- the structures around the country. candidates for them to be carried cil of Province. Overall the FCEC Given that COPE, by the time of the in the party lists. This has brought consisted of the chairperson of the elections and since its formation, about profound transformation for Federal Council, the chairperson of will be approximately 100 days old, the IFP’s lists, both in terms of hav- the Federal Legal Commission, the its membership figures and branch ing new faces and of senior faces principal representative of the party organisational configuration cannot finding themselves lower down on on the National PLC of the IEC, be verified, save for the purposes of the list, below many of their junior the chief executive officer, a repre- nomination and the manifesto proc- colleagues.4 sentative from each province and ess. Its membership and branches The party lists of the United a representative of the Association were provided with an opportunity Democratic Movement, it is argued, of Democratic Alliance Councillors to contribute to the selection panel have been the result of an expen- (ADAC). chaired by Professor Pityana. sive bottom-up approach which The evaluation of the candidates After much controversy and engaged the party branches and comprised a written evaluation of reports of unhappiness over the enlisted their views and priorities contribution to the party, a written selection of the presidential nominee, in both the drafting of the mani- evaluation of the candidates contri- it was reported that Mosiuoa festo as well as in the nomination bution to his or her community or Lekota, the COPE president, of candidates. The UDM arrived the wider society, and the leader- was unhappy at the selection of at these lists after a wide-ranging ship role that candidate occupies Dandala, and Lekota had then consultation process within its party in the community or society and to be persuaded by senior COPE structures. This process culminated an assessment of the training of a officials, Smuts Ngonyama (former

78 EISA Election update south africa 2009 no 2

ANC presidency spokesperson) and holding company, the Independent concerns of citizens, and this has Thozamile Botha (former ANC local Group of Newspapers. The South allowed for the media agenda to be government guru), to accept the African Broadcasting Corporation set by politicians. outcome of the nomination process. will also feature specific coverage of Overall, the reporting, however, The COPE presidential candidate is the nine provinces in its television has been ‘fair and balanced and Dr Mvume Dandala, former head of and radio coverage, with dedicated somewhat accurate, even though on the Methodist church of Southern daily broadcasts from the provinces, balance, accuracy has been uneven, Africa. Though not very high broadcast within that province. the quality, diversity and depth of profile, Dr Dandala has impeccable As far as the content of the cov- the media reportage and coverage struggle credentials and is widely erage goes, media monitoring of has thus far been mediocre’.8 credited as working extremely hard the media coverage of the election at negotiating an end to violence campaigns by Media Monitoring ENDNOTES both in South Africa before and Africa suggests that media coverage after the 1994 elections as well as has publicised statements made by 1 Matlosa, K. 2004. ‘Gauteng: The Election and more recently in Kenya, after post- political leaders without providing Its Aftermath’, In Election Update, South Africa p. 226. EISA: Johannesburg. election violence threatened the a context for them, thereby leading 2 Harris, M. Ipsos/ Markinor press release 27 peace and stability of that country. to confusion, misinterpretation and February 2009. misunderstanding.7 3 For a full description of the candidate Media coverage of the Incidentally, most of the national nomination process and criteria for election campaigns nomination and eligibility and evaluation, media coverage of the elections see www.anc.org.zalist guidelines and ‘A While the media coverage of the covers the three major provinces of case study: the ANC nomination process’ election campaigns of the different the country – Gauteng, the Western in Election Update, South Africa, No. 2, page parties in different provinces has Cape and KwaZulu-Natal – to the 35. Johannesburg: EISA. 4 Speech by Prince Mangosuthu Buthelezi, MP, been vigorous and dedicated, there detriment of adequate coverage President of the Inkatha Freedom Party, 5 have been criticisms of the nature from other parts of the country. The March 2009. and content of the election- related Sowetan has been singled out for 5 Statement by Mr Bantu Holomisa MP, UDM coverage. While all media – print, its attempts to provide coverage President; 1 March 2009. 6 Cope membership figures show political electronic and broadcast – have with broader geographic provincial mood of South Africans, SAPA, 15 December dedicated election coverage and spread. 2008. programmes, most coverage in Because the nature of the cov- 7 Election Coverage 8 April 2009. ‘Zikalala and Gauteng is from a national perspec- erage has been without adequate confusing stories’. Media Monitoring Africa, 9 April 2009. www.mediamonitoringafrica. tive. Some dedicated provincial context and reportage of facts, org/index.php/news/entry/elections level coverage is carried by The although South Africa enjoys a free 8 ‘Media must adopt its own agenda’, 13 Star, The Pretoria News and The and vigorous independent media, February 2009, Media Monitoring Africa. Sowetan. In the case of The Star and the perspective that the media has The Pretoria News, election coverage communicated has been from that is syndicated through its parent of the politicians rather than of the

79 EISA Election update south africa 2009 no 2

KwaZulu-Natal

Salomé van Jaarsveld – ACCORD (writing in personal capacity)

This update focuses on demo- clearly learned from the 1994 experi- ments to the counting process, cratic achievements, the political ence. Voting fraud was minimised4 notably the auditing of the counting processes surrounding elections mostly because voters had to regis- process at municipal offices. The and electioneering, and the way ter in advance; there was consensus political death toll in the KZN was elections are conducted. that most people had the oppor- minimal but political intimidation tunity to register. Polling stations was widespread.6 A number of Democratic were manned by trained staff and political rallies attended by Thabo 1 achievements party agents acted as monitors, so Mbeki were disrupted, notably at Elections since 1994 have generally counting and voting irregularities Umlazi, and violence was recorded been free and fair. Voters have were further minimised. The results in Magwaveni, Ulundi, Folweni largely been free to make informed were generally accepted, especially and other areas in Northern KZN. and considered political choices because ballots were counted at the In Nhlanzeni (KwaMbonambi) a and procedurally the voting process polls and immediately made avail- son who returned home wearing was fair. Election results have able online.5 A post-election poll by a T-shirt emblazoned with Thabo been willingly accepted, voter the HSRC also found that only 3 Mbeki’s face was shot and killed by turnouts have been high initially per cent of voters surveyed thought his own father. In other traditional (85 per cent in 1994, but declined in polling was not free and fair. The IFP strongholds, especially in subsequent years to 67 per cent in 1999 election was also freer than in Northern KZN, tensions were high 1999 and 58 per cent in 20042) and 1994 – complaints to the IEC were after the election resulted in the all political parties were committed down by more than two-thirds in ANC’s favour, especially in the to participate. That said, some have 1999 compared to the complaints regions around Eshowe, Hluhluwe argued that the 1994 elections were received in 1994 – and, most im- and Mandini.7 generally free but not necessarily portantly, politically motivated fair.3 Fairness has mostly to do with election-related violence in KZN Election results since the ability to cast your vote and for went down from 338 incidences in 1994 that vote to be correctly counted. The April 1994 to only 17 recorded in The table below shows the rise and Independent Electoral Commission April 1999, though unreported and fall of fortunes of the main political (IEC), which is responsible for the unrecorded incidences may push parties in South Africa since 1994. electoral process, experienced many this figure up. Since its victory in the first difficulties in the hurried run-up to The 2004 elections were widely democratic elections in 1994, the and execution of the election in 1994. regarded as free and fair. The IEC ANC has further consolidated The lack of a voters’ roll, ‘pirate’ made further procedural improve­ power by receiving 66.35 per cent of polling stations, illegitimate voting and counting irregularities were just some of the problems. Ballot Table 1 – Voting outcomes, 1994–20041 fraud was high in KZN, Gauteng and the Eastern Cape, and there National National National KZN KZN KZN were even rumours that the main 1994 1999 2004 1994 1999 2004 parties in KZN were negotiating ANC 62.6% 66.35% 69.69% 32.23% 39.77% 47.47% the outcome of the election when DA 1.7% 9.56% 12.37% 2.15% (as 9.76% (as 10.00% there was a delay in announcing the (as DP) (as DP) DP) DP) results in the province. Widespread violence led to 165 ‘no go’ areas in IFP 10.5% 8.58% 6.97 50.32% 40.45% 34.87% the country, of which 70 were in UDM – 3.42% 2.28 – 0.09% 0.84% KwaZulu-Natal, where political violence reached record levels in the NNP 20.4% 6.87% 1.65 11.21% 3.96% 0.58% (NP) (NP) months before the elections. Procedurally, the election in MF – – – 1.45% 1.84% 1999 was fairer, largely because the IEC had more time to prepare and Compiled from IEC elections data, www.elections.org.za

80 EISA Election update south africa 2009 no 2 the vote in 1999 and 69.69 per cent COPE was formed and a number of vote to another party. More recently, in the 2004 elections. The DA (born ANC members defected, with oth- the proportion of undecided voters from a short-lived alliance with the ers rumoured to be on their way.10 has increased and party identifica- National Party or NNP, and smaller Even though Jacob Zuma has tion has declined, indicating that parties) has made some headway faced the threat of prosecution voters are carefully considering and is generally regarded as the over the last eight years, with their choices. (Whether this is an main opposition party. As the then a resolution from the National indication that the ANC has alien- Democratic Party (DP), it received Prosecuting Authority made in ated some voters, or that voters are only 1.7 per cent of votes in 1994, April 2009 not to pursue the case just more discerning, is unclear.) but increased its share in 1999 to 9.56 against Mr Zuma due to the NPA’s The question is to what extent the per cent, and 12.37 per cent in 2004. own processes of decision-making controversy and criticism that sur- The IFP’s fortunes have declined being compromised, several scan­ rounds the ANC will affect election from 10.5 per cent of the national dals linked to other members and support for the party. vote in 1994 to 6.97 per cent in 2004. ministers of the ANC, and reports The UDM, who many had hoped of widespread corruption and COPE would be a viable opposition to the a general lack of accountability In the wake of Thabo Mbeki’s recall, ANC, only received 3.42 per cent of to constituents is common. This COPE was formed by Mosiuoa the popular vote in 1999 and 2.28 comes amidst accusations that Lekota and Mbhazima Shilowa. in 2004. The NNP has been in an the ANC and its members are ‘Terror’ Lekota, who was appointed alliance with the ANC since 2001; trying to undermine democracy the President of COPE, is an old its support waned from over 20 per and manipulate the justice system hand at politics. He joined the cent in 1994 to less than 2 per cent for political means (the introduction ANC in 1990 with good struggle in 2004. of the SABC bill and Jacob Zuma’s credentials, and was elected to In 2004 in the KZN province, trial proceedings are oft-cited cases the party’s executive in the 1990s. out of the 3.8 million people who in point). Julius Malema, the leader He resigned from government in registered for the 2004 elections, of the ANC Youth League (ANCYL), September 2008, after the ousting over 2.7 million voted; a turnout of has done little to endear himself to of Thabo Mbeki. Mbhazima Shilowa 72.84 per cent. The ANC received 47 voters, particularly women. Some was the premier of Gauteng from per cent of the vote, the IFP 37 per voters fear a leftist turn in economic 1999 until September 2008. Mr. cent, trailed by the DA at 8.35 per policies because of Mr Zuma’s close Shilowa helped form Cosatu cent.8 This is compared to the IFP’s ties with SACP’s Blade Nzimande in the eighties and became its victory in the province in 1994 and and COSATU, who are pushing for general secretary in 1993. He was in 1999. The Minority Front, which a review of the treasury’s powers. a member of the ANC’s NEC from traditionally represents the Indian The ANC, with Kgalema Motlan- 1997. COPE’s national leadership community in KZN, received votes the at the helm, seems to have taken includes many familiar ANC faces. from just fewer than 2 per cent of note of these and other concerns. Mluleki George (who also resigned voters in both 1999 and 2004. There have been efforts to reassure in protest to Mbeki’s recall) is voters. Mr Zuma and other key national organiser. Charlotte Lobe Political parties figures have, for example, indicated (who served on the ANC’s executive that they do not intend to change the committee before resigning in 2008 The ANC treasury’s functions, and that the as provincial secretary of the Free Support for the ANC was stable finance minister will work in con- State), Smuts Ngonyama (former from 1994 to 2004, when it received junction with a planning commis- ANC spokesperson) is COPE’s votes from about two-thirds of the sion to decide budget allocations.11 head of policy. He served on the electorate. It is inconceivable that The manifesto is also explicit in that ANC’s NEC until last year, but it will not win the elections on 22 economic growth is a key contribu- lost his position. Others include April but, by all accounts, the ANC tor to poverty reduction. The party’s Lynda Odendaal (second deputy is a party facing largely self-inflicted manifesto also states that the party president), Phillip Dexter and difficulties. Bitter power struggles ‘can do more’ and that it has had Lyndall Shope-Mafole. raged after Mr Zuma (a popular problems implementing policies Voters, analysts and other par- and charismatic leader who topped and securing service delivery. In ties have reacted to the formation of party lists even in 2004)9 was selec­ an SABC 3 interview on 28 Febru- COPE in mixed ways. Many regard ted party president in Polokwane ary, Trevor Manuel mirrored these COPE as (potentially) a viable op- in 2007, which eventually lead to sentiments. position to the ANC, and another the ousting of Thabo Mbeki and the When dissatisfied with the ANC step on the way towards democratic deployment of then deputy presi- government’s performance voters consolidation in the country. Others dent Kgalema Motlanthe as acting tended to stay home12 in 1999 and argue that COPE was formed by president. After Mr Mbeki’s recall, 2004, instead of transferring their disgruntled ANC members who

81 EISA Election update south africa 2009 no 2 did nothing for the people of the na- As a traditionally white and more sympathetic to traditional tion while they were in power. The coloured party, it is unlikely that leadership.21 party responded to these criticisms it will attract large numbers of Fierce and somewhat bloody in a number of ways. Its strongly black voters in this year’s election. electioneering marks the 2009 elec- worded manifesto outlining anti- Indications are that people still tion season in KZN between the IFP corruption and pro-democracy and probably will continue to vote and the ANC. The ANC is aiming priorities indicates that it has taken largely along racial lines, with some for 60 per cent support (Mr Zuma note of the ANC’s difficulties. It exceptions in KZN and the Western is a Zulu, which will no doubt help) has also taken a strategic but risky Cape.17 In a conscious effort to and so has invested heavily in me- step that will pit COPE, in moral be more alluring to black voters, dia and marketing. It is also focus- and intellectual terms, against the however, the party ‘relaunched’ ing on traditional IFP strongholds, ANC’s Jacob Zuma. Dr Mvume (read rebranded) in 2008 and now especially in the north, where it Dandala, who until 2003 was the projects itself as a non-racial party held the first election rally in Non- presiding Bishop of the Methodist with large support from the black goma, an IFP stronghold. Although Church of Southern Africa, was electorate.18 It has also put forward the ANC won all the January 2009 appointed the party’s presidential Joe Seremane, the only black person by-elections in the province, it lost candidate. Dr Dandala, not well in the majority white national seats to COPE, the DA and the ID, known, without political experience leadership, as its presidential and support for ANC municipal and younger than Mr Zuma, holds a candidate. The DA’s 80-page mani­ councillors reportedly fell by double master’s degree and two honorary festo hints at a black support base digits.22 PhDs. He is rumoured to be close and the songs sung at rallies are The IFP aims to win back the to Thabo Mbeki13. Dr Dandala is a adapted ANC songs. Even the province after losing it to the ANC Xhosa with no ANC baggage, which faces on lamppost posters come in in 2004. Like the ANC, its strategy may further challenge the ANC’s white, Indian and black. Yet, critics is through door-to-door campaigns, supremacy in the Eastern Cape, for argue that the new brand does not mass meetings and a focus on young example, where COPE performed represent real change in the party and urban voters, lured away by the well in by-elections of December and that the real power still lies with ANC. COPE, despite reported in- 2008. white people, despite indications timidation, is ‘launching branches, As a new party, COPE and its that candidate nominations will be talking to amakhosi and holding leadership face many challenges, more representative of the party’s rallies and mass meetings as part of among which internal power strug- new non-racial image.19 The party [its] recruitment drive’.23 The party gles14 and difficulties in convincing will have to do much more – was also planning door-to-door individuals to stand as premier especially organising in townships campaigns. The DA pitches itself as candidates.15 The election results and rural areas – to convince African the only real alternative to the ANC and post-election surveys will show voters that it is a party worth and IFP in the province. Zille claims whether the party has convinced considering. that COPE is just another faction voters that they are not merely dis- and that ‘when the ANC splits, the gruntled, ex-ANC Mbeki-ites. IFP in KZN DA can win [in KwaZulu-Natal]’.24 In previous elections, the IFP was The violence that erupted between The DA the ANC’s greatest competitor for the ANC and IFP in Nongoma, The DA was established in 2000 in the black vote, nationally. Although Northern KZN, on 1 February was a then Democratic Party merger IFP constituents are based mostly in extensively covered by the media. agreement with Louis Luyt’s Fed- the rural KZN areas, it clinched 7 ANC members and IFP support- eral Alliance and the NNP. Despite per cent of the national vote in 2004. ers were hurt in separate incidents a split from the NNP in 2001, the As a coalition partner of the ANC when ANC and IFP held rallies on DA has been the main opposition it may seem that the two parties the same day in Nongoma.25 Three party since the 2004 elections. At share similar ideologies. Although ANC leaders in the province were the launch of the party’s election relationships appear cordial and also shot in separate incidents over campaign in Kliptown, Soweto, cooperative, the IFP differs from a two-week period. ANC Youth Helen Zille, the party’s leader and the ANC in terms of its support of League chairman Sthembiso Cele Cape Town mayor, said that the DA decentralisation, free market ideals, was shot dead on January 22 at Um- will win the Western Cape. She also ‘support for inherent leadership, gababa. Inkosi Mbongeleni Zondi, reported that the DA won more by- traditional law and communal an ANC member and Jacob Zuma elections than COPE in December land’.20 supporter, was killed in Umlazi; and that by 2011 the DA will govern To that end, the IFP has better re- the week before,26 another ANC in towns and cities across the coun- lationships with the DA in the KZN member was shot and injured. In try and will be part of the national municipalities where they share another incident DA officials were government in 2014.16 power, as the DA is reported to be confronted by IFP supporters when

82 EISA Election update south africa 2009 no 2 the DA tried to visit patients in hos- who were unemployed registered,34 There is much that is the same, pital.27 There is some disagreement 97 per cent of those surveyed said but there are some interesting dif- as to whether ‘no go’ areas should they found it easy to register, while ferences. COPE lists the protection be implemented. Independent vio- 6 per cent of rural formal respond- of the constitution highest on its list, lence monitors report that ongoing ents found it difficult to register. On focusing on good governance and low-level political intimidation has the last weekend of registration, the the protection of democracy before been increasing in the run-up to only incidence was in Western Cape poverty reduction and job creation. the election, especially in areas that where three people were arrested in It also included a strong moral have traditionally been hotspots Nyanga for preventing voters from message, saying the party will fight for political violence. It is said entering registration stations. against corruption, nepotism and that former IFP warlords actively The survey also found that moral decay. Strategically, COPE prevent free political association 80 per cent of those surveyed also included the environment as in those areas.28 The South African were very or slightly interested in a key priority but, prioritised before Institute of Race Relations says national and provincial elections; education, health and crime reduc- however that the violence is isolated the lowest interest in KZN among tion. (The party’s ‘A new agenda for and overplayed and that parties Indians and coloured youth aged change and hope for all’ is also some- should not be restricted to campaign 18–24.35 The IEC has also given what reminiscent of the recent US in certain areas.29 There have been KZN’s prison population of roughly elections.) That said, COPE’s mix calls for parties (the ANC and IFP) 22,000 the opportunity to register, of priorities may be a reflection that to rein in members30 and the Hu- although not many may have been it is trying to appeal to the widest man Rights Commission and IEC able to do so. It has been argued range of constituents (jobs for the are to intervene to prevent further that prisoners have not been given poor; environmental policies and violence in the province.31 enough time to apply for identity a protected constitution for those documents (IDs) or inform families whose basic needs have already Voter registration to deliver their IDs.36 been met). Nationally, 23.1 million people have There are areas where the ANC’s registered to vote in 2009 compared Party manifesto plans differ from that of opposition to 20.6 million in 2004, 18.7 million in development parties. Most parties – including 1999 and 19.7 million in 1994. Nearly In 2004, party manifestos focused the ANC – promised to fight crime, 50 per cent of registered voters are in largely on tackling crime and HIV/ corruption, cronyism and nepotism. the 20–39 age range, and the bulk of AIDS. In 2009, job creation, poverty The ANC was the only party not to those who registered during the last reduction and employment feature pledge that the special crimes unit, weekend of registrations are in this high on most parties’ agendas, the Scorpions, should be reinstated. age group. Nationally, an estimated followed by education, health, ad- The ANC was also the only party one million people visited registra- dressing corruption and tackling that did not make mention of some tion stations on the first day of the crime. form of joint constituency-based/ last registration drive, while nearly Most of the bigger parties in- proportional representational elec- 20,000 registration stations were cluding the ANC, IFP and DA have toral system in order to improve ac- open on the Sunday 8 February.32 placed job creation and poverty at countability between office holders In KwaZulu-Natal, over 4.4 mil- the top of their agendas, recognising and the electorate. lion people have registered to vote. that the global economic downturn Nearly half of those who registered will severely affect those who are Manifesto launches in the are in the 20–39 age range;33 while already desperately poor. The par- province: ANC and IFP 57 per cent of those who registered ties probably also recognise that In KZN, the IFP launched its mani- are female. the government’s ability to deliver festo on Saturday 14 February at In an HSRC survey on voter on poverty reduction – and achieve Curries Fountain. Chief Mango- participation commissioned by all its other objectives – will be suthu Buthelezi promised that the IEC in November 2008, only 67 severely challenged because of an IFP leadership in the province per cent of KZN’s eligible voters the downturn. In recognising the would stamp out corruption, in- indicated that they have registered role that the state can play in job competence and inefficiency. He with (nationally) lower registration creation and poverty alleviation, the also promised increases in child and figures in rural formal (64 per cent) parties all mirror the ANC’s policy social grants and free education for and urban informal (66 per cent) ar- to grow the manufacturing sector children up to grade 12.38 The IFP eas. A higher percentage of women and state-funded infrastructure admitted that it lost the previous indicated, nationally, that they have projects.37 Most parties also include election in the province because it registered (75 per cent) compared land reform, rural and agricultural failed to attract urban and young to males (69 per cent). A lower development, and HIV/AIDS high voters – two constituents it is target- percentage (58 per cent) of those on their agendas. ing in 2009.

83 EISA Election update south africa 2009 no 2

The ANC, which aims to take 60 ENDNOTES per cent of the KZN vote, launched 1 In this section (for 1994 and 1999) I 18 Please refer to the party’s website and its its manifesto in the province have drawn mainly on the first and last 2009 election manifesto. on the same day in Newcastle. chapters of Tom Lodge’s book Democratic 19 New DA election candidates combine excellence and diversity’, DA News The party took the opportunity Consolidation: South Africa’s second democratic election. room, Democratic Alliance, 25 January to reassure voters that Nelson 2 ‘ANC win South African Elections in low 2009, www.da.org.za accessed on 20 February 2009. Mandela remained a loyal member voter turnout’, World Socialist Website, 20 Ibid, p.156. www.wsws.org, accessed on 26 February of the party. Interestingly, the party 21 Kindra, Jaspreet, ‘Inkhata joins the ‘the made two other statements that 2009. better devil’ to twist ANC arm on 3 Lodge, Tom. (1999), ‘Introduction: probably indicate it is sensitised to amakhosi’, Mail & Guardian, 12 January Consolidating Democracy’, in Consolidating 2001, quoted by Lodge (2002, p.157). the potential impact on the female Democracy: South Africa’s Second Popular 22 De Lange, Deon. ‘ANC’s winning margins vote of controversial statements Election, Electoral Institute of South Africa, narrow’, The Mercury, 30 January 2009. 23 Makhaye, Chris., ‘Knock around the by Mr Malema, about the rape pp 6-18. 4 Lodge (1999, p. 198) reports that ‘5% of clock’, Sunday Tribune, 1 February 2009. case against Mr Zuma (on which South African observers claimed they had 24 Zille says DA has won more by-elections he was acquitted). Mr Sexwale observed people attempting to vote more than COPE, The Mercury, 4 February than once and 4% witnessed party agents 2009. told the audience that Jacob Zuma 25 Flashpoint at Nongoma, The Mercury, 2 objecting to the admission of ineligible cares for the women of the country. February 2009. voters’. The chairwoman of ANC women’s 26 ‘Shooting: Nongoma tense’, Sunday 5 Ibid, p.198. Tribune, 1 February 2009. league, Lungi Gcabashe, took the 6 Natal Monitor, Violence Monitor, 2004, 27 Zille says DA has won more by-elections opportunity to encourage women www.violencemonitor.com accessed on 14 than COPE, The Mercury, 4 February to vote for ‘this very reputable February 2009. 2009. 39 7 Ibid. 2 8 Mail & Guardian, 6 -12 February 2009. party’. 8 ‘Election Results’, Independent Electoral 29 No crisis of pre-election violence, says Commission, www.elections.org.za, institute, The Mercury, 6 February 2009. Conclusion accessed on 13 February 2009 30 All eyes on election safety: Safe polls 9 Independent Electoral Commission, www. crucial to country’s image, Daily News, 2 There is strong evidence to suggest February 2009. elections.org.za accessed on 20 January 31 Steps to end ANC-IFP war of words, The that the IEC will again, in 2009, 2009. Mercury, 10 February 2009. ensure that South Africa’s upcom- 10 Du Plessis, C. ‘COPE calls off defection 32 ‘Brisk turnout for IEC voter registration ing elections are fairly conducted. press conference’, The Mercury, 27 drive’, Daily News, 9 February 2009. Whether electioneering and voting February 2009. 33 ‘Registration statistics as on 13 Feb 11 Bungling ministers days ‘are numbered’, 2009’, Independent Electoral Commission, will be free depends largely on Mail & Guardian, 13 to 19 February 2009. www.elections.org.za, accessed on 13 whether IFP and ANC leaders will 12 Lodge, Tom (2004), Election Update, February 2009. be able to rein in their members and Electoral Institute of Southern Africa, www. 34 Independent Electoral Commission, www.elections.org.za accessed on 13 discourage violence and political eisa.org.za, accessed on 20 February 2009. 13 Cope plays moral card, Sunday Tribune, 22 February 2009. intimidation. If the media, analysts February 2009. 35 Independent Electoral Commission www.elections.org.za accessed on 13 and voters seem unduly preoccu- 14 Cope plays moral card, Sunday Tribune, 22 February 2009. pied with the struggles, scandals February 2009. 36 ‘Prisoners need their IDs to vote’, The and failings of the main political 15 Du Plessis, C. ‘COPE calls off defection Mercury, Monday 2 February 2009. press conference’, The Mercury, 27 parties, it is probably because the 3 7 www.anc.org.za, www.da.org.za, www. February 2009. ifp.org.za, & Terreblanche, Christelle. outcome of this election will be an 16 ‘Western Cape will be ours, says DA’, ‘Welcome to the party’, Sunday Tribune, indication of whether viable opposi- Sunday Tribune, February 1 2009. 1 February 2009. 38 ‘IFP promises to clean up’, Daily News, tion is emerging and whether South 17 Lodge, Tom. (2002), ‘Democratic consolidation in a dominant party system’, 16 February 2009. Africa is ready for the next step to- in Politics in South Africa, New Africa books, 39 ‘Celebrate only after placing votes: wards democratic consolidation. Cape Town, p. 154. ANC’, Daily News 16 February 2009.

84 EISA Election update south africa 2009 no 2

Limpopo

Lesiba Teffo – University of Limpopo

Brief history of Table 1: Elections since 1994 – voter turnover in the Province elections since 1994 1994 National Election 84.70% When the democratic dispensation was ushered in 1994 there was no 1995/6 Municipal Election 46.15% voters’ roll. It was only introduced 1999 National Election 91.55% in 1999 and, since then, with elec- toral reports and recorded statistics Spoilt votes about the electoral process and its 1994 National Election 0.93% outcomes, society could begin to have a sense of the evolution of the 1995/6 Municipal Election 2.01% democratic order with respect to 1999 National Election 1.82% one of its indicators, i.e. elections, and what was needed to advance Table 2: Electoral performance of parties in the Province in 2009 their conduct further. However, in Number of registered voters: 1 847 766 view of the systems in place for Elec- tion 2009, it is evident that the IEC Party Abbr Votes % has since covered a lot of ground. The estimated number of eligible African Christian Democratic ACPP 18 281 1.10% voters on April 1994 was 22,709,215 Party and 19,726,610 cast their ballots on African National that historic day. A voters’ roll was ANC 1 464 432 88.29% Congress not compiled in 1994 and voters’ eligibility documents (temporary Afrikaner Eenheids Beweging AEB 6 598 0.40 % voter cards) were issued up to Azanian People’s AZAPO 8 931 0.54 % and on voting day. South African Organisation citizens abroad and permanent resi- Dabalo rivhuwa dents were eligible to vote in 1994, DPF 8 229 0.50 % although not in 1999. Patriotic party In keeping with international Democratic/Demokratiese DP 23 486 1.42 % practice, the calculations of voter Party turnout for the 1995/6 municipal Federal Alliance / Federal Al- elections and the 1999 provincial F A 5 365 0.32% and national elections are based on liansie the voters’ roll compiled for those Inkatha Freedom Party IFP 5 644 0.34% elections. New National Party / Nuwe The turnout for national elec- NNP 28 159 1.70% Nasionale Party tions has been consistently very high in the Limpopo province. What Pan Africanist Congress of PAC 23 325 1.41% is disturbing is the low turnout with Azania respect to municipal elections. There United Democratic Movement UDM 41 700 2.51% is a sense that the municipal elec- tions are less important, and that the Vryheids Front/ VF/ 10 727 0.65% status quo will prevail, regardless Freedom Front of whether or not one casts a vote. Ximoko Party XP 13 817 0.83% The party list system and the poor calibre of the majority of councillors TOTAL VALID VOTES 1 658 694 at local level seem to discourage SPOILT VOTES 25 137 participation at local level. % POLL 91.13%

85 EISA Election update south africa 2009 no 2

There is consistency and predict- Table 3: Voter registration ability of performance with respect Gender breakdown to the province. The ANC is far too powerful, with the DA almost as- Male voters 732 067 sured of a second place. In a sense Female voters 1 115 699 this could lead to voter apathy and TOTAL 1 847 766 arrogance on the part of the elected officials. It is also evident that in certain areas and for certain political Rural/urban breakdown parties, voting is according to ethnic Urban 363 305 19.66 % or tribal affiliations. This would be confirmed by the fact that parties Rural 1 484 461 80.34 % like Ximoko and Dabalorivhuwa Patriotic Party are only active in Formal residential area / informal settlement breakdown their areas of origin and aligned almost solely to one ethnic group. In % of groups registered the long run this strategy would not Urban informal 60.05 be healthy for democracy and could Urban formal 92.4 be a recipe for civil war, in the event of national instability. Rural informal 75.1 Rural formal 76.1 Analysis of voter regis- tration in the province: Election 1999 Out of a total calculated voting- Election 2004: Voter age population of 25,564,000, an Registration estimated 22,798,845 had an iden- General registration of voters representing the majority of both tity document issued on or after 1 occurred on the weekend of 8–9 registration weekends at 85 per cent, July 1996, which was required for November 2003 and the weekend translating to 208,562 new youth registration as a voter. A total of of 24–25 January 2004. applications in Limpopo. They are 18,476,906 people applied for regis- A comparison of the registration proud to say that both registration tration and 18,172,751 of these were activity of 1999 and 2004 yielded the weekends were their most success- registered as voters. Details of voter following. In 1999, 18,172,751 peo- ful drives since 2000. The involve- registration are given in terms of the ple were registered on the voters’ ment of other youth structures in following categories: gender and roll that was used in the elections. steering this mobilisation action has residence in rural and urban areas In 2004 the figure was 20,674,926. notably made an impact and contin- – the last is further subdivided into Data in South African Atlas of ued collaboration is encouraged. the following formal (surveyed) and Results – National Election 2004, informal (unsurveyed) areas. indicates an increase in registration Nomination process The statistics indicate almostly between 1999 and 2004 as well as a Each registered political party has consistently that men are less fair comparison of gender and ru- its own process and procedure inclined to cast their votes than ral/urban distribution of registered for nominating candidates. These women, both at national and voters. Cognisance must be taken of should comply with the provisions local levels. The enthusiasm and the number of local municipalities of the constitution as well as the exuberance of the 1994 elections in 1999 (483). These were reduced legal requirements for each election have dissipated. Men sound more to 284 in 2000 and, therefore, the as provided for by the IEC. There despondent and apathetic than concentration of voters per munici- are guidelines with respect to women, and as a result they vote pality would be different. the process of submission of lists with their feet. Another observation The IEC hopes that the Youth of candidates for national and related to the rural versus urban Ambassador programme will also provincial elections. These are area populations is that rural people reinforce the momentum that was prescribed by the Electoral Act (Act are often better represented at gained through improved registra- 73 of 1998; hereafter referred to as registration and the polls. As far tion figures of the youth during the the Act), together with regulations as formal residential areas and first and second voter registration concerning the submission of Lists informal settlements are concerned, on the 8–9 November 2008 and 7–8 of Candidates (2004) as amended. there is not a vast difference in February 2009 respectively. Both The Limpopo Provincial terms of registrations and casting registration drives have surpassed Legislature is allocated 49 of votes. their expectations, with the youth seats. For parties to secure these

86 EISA Election update south africa 2009 no 2 seats they should ideally start to the branches. This is a top-down with other Emerging Democracies”. with consultations resulting in approach that is fraught with its The media attended as well. At the recommendations that are own problems. Consistent with the same event, a concept of Youth considered by the district struc­ slogan ‘the people shall govern’, it Ambassadors was introduced. This tures, then the provincial executive would be prudent to include the followed a successful launch at na- committees (PEC), and finally branches at the outset. For the 2009 tional level on 19 February 2009, in approved by the national executive elections the African National Con- which 35 Youth Ambassadors from committees (NEC). In spite of the gress tried this approach with com- a wide spectrum of young people legislative provisions some parties mendable results and input. Party representing broad categories rang- still seek advice and assistance from policies should guide the develop- ing from sport, media, entertain- the IEC office about how best to ment of the manifesto. A manifesto ment, business and students were manage the process. For example, as an aspirational document should introduced to the media. These am- some parties operate under the false be concise, practical and accessible bassadors’ responsibilities will be to assumption that the documents are to the electorate. It would also be act as the Electoral Commission’s and must be lodged at the Limpopo helpful if it could be translated into champions by way of promoting IEC office. To this end the IEC is all official languages, especially in electoral democracy and to drive playing a commendable role in provinces where the parties intend activities in their respective areas of terms of educating and assisting to contest the elections. influence and communities through concerned parties ex gratia. various initiatives. The ambassa- The process is supposed to be Media coverage of dors will have a defined role which open, transparent, and democratic. election campaigns complements the implementation This is, however, not always the One of the commendable things the of the IEC’s broad communication, case. Internal party disputes result IEC did was to invite journalists to civic as well as voter education at times in more than one person a workshop in Mokopane, where strategy. claiming to act on behalf of the legislation with respect to elections The IEC in Limpopo encourages party. The IEC does not get involved was discussed. ICASA was one of the youth from the different sectors in internal disputes and the parties the participants and it explained to work together in pursuing the concerned must seek appropriate how decisions to cover events are objectives of this noble venture. The relief from a court. Parties at times arrived at. Coverage, it was averred, start is certainly encouraging. attempt to re- order, substitute or was based on equity as against remove candidates in circumstances equality. That newsworthiness is other than provided for in the legis- one of the criteria that are highly lation. In some instances there is a prized. It was communicated that deliberate failure to clearly indicate journalists felt more empowered the order of preference of names. and appreciated the value derived In almost all instances of ir- from the workshop. It is hoped that regularities alluded to above, party complaints about less coverage and bosses seem to wield more power broadcasting time by television and than they duly have. The recom- radio would, after this intervention, mendations from consultations be less frequent. with some stakeholders confirm As far as local media is con- that there is an urgent need to re- cerned it should be acknowledged view the current electoral system. A that there is plenty of coverage by mixed mode system, that is, propor- the press, SABC TV, radio stations tional representation coupled with a and community-based radio sta- constituency-based system, should tions. Apart from these, there are be the route to consider. With the public lectures organised by civic necessary adaptation, parties think organisations and tertiary institu- the Westminster system would be tions. In most instances you will a fair option. find the media present, and at times There appear to be no prescribed actively participating. On Wednes- norms and standards set for parties day 27 February 2009, the IEC con- to observe when they develop their vened a press conference to inform manifestos. Investigations point to them about the youth summit with party ‘think tanks’ being charged the theme: Youth to the Polls. The with the development of manifes- writer hereof gave a keynote ad- tos, then after endorsement by the dress entitled “Youth Apathy and NEC it would be cascaded down Elections: A Comparative Analysis

87 EISA Election update south africa 2009 no 2

Mpumalanga

PV Zulu – Independent Consultant

During the first fully demo- Thirdly, international observers accused of being or orchestrating the cratic elections in 1994 South Africa from organisations such as the third force, were declared free and learned how valuable observers – African Union and the Common- fair by all the observers including both foreign and domestic – could wealth often have vast experience the international observer missions. be to the electoral process. First of of elections in various parts of the This played a big role in getting all all, the legitimacy of the electoral world and are able to give IEC staff the political parties to accept the elec- process is enhanced by the presence invaluable advice and support. It tion results. However, most political of neutral observers. Outsiders who has become practice for interna- parties claimed that their supporters have been present and actually seen tional organisations to observe were intimidated one way or the oth- what has happened during voting, elections in emerging democracies er and could therefore not accept the counting and the determination of and to produce reports. Thousands results of the elections. The violence results can tell the world that the of international and domestic ob- continued even after the elections in process was transparently free and servers flocked to be present at the some parts of the KwaZulu-Natal fair, and can put any problems in founding elections of South Africa’s province, where the IFP and the ANC their proper context. The opinion of democracy in 1994 and the Electoral command a lot of supporters. an impartial witness carries a great Act makes specific provision for The results for both the national deal of weight. Secondly, respected the accreditation of observers of and the Mpumalanga provincial outsiders can contribute greatly to South African elections. In the 1994 (then Eastern Transvaal) elections the propriety of the process. Their elections, at the height of political in 1994 were in the past generally presence probably has a stabilising tolerance, intimidation and violence accepted without much contesta- effect on would-be troublemakers between ANC and IFP supporters, tion of the outcome of the elections. and ensures that everyone con- especially in Kwazulu-Natal and Past results for the province are as cerned is on their best behaviour. Gauteng, with the National Party follows:

Table 1: National Election 1994

Eastern Eastern KwaZulu Northern Northern North Free PWV Western Total Cape Tvl Natal Cape Tvl West State Cape Valid Votes PAC 56,891 17,800 23,098 3,941 20,295 24,233 23,310 52,557 21,353 243,478 SOCCER 918 636 2,311 245 666 959 857 2,953 1,030 10,575

KISS 900 415 1,010 293 365 548 403 1,107 875 5,916 VV-FF 18,656 45,964 17,092 17,480 29,000 49,175 50,386 154,878 41,924 424,555 WRPP 524 311 955 151 273 568 398 1,850 1,404 6,434 WLP 374 309 1,193 167 259 331 258 554 724 4,169 XPP 574 416 1,501 113 1,354 578 683 828 273 6,320 AMP 1,235 906 6,790 320 437 1,386 324 7,413 15,655 34,466 ACDP 10,879 4,474 17,122 1,294 5,042 3,901 4,523 20,329 20,540 88,104 ADM 1,869 611 3,819 189 597 701 553 1,062 485 9,886 AMCP 4,919 2,625 3,305 864 3,168 3,244 2,644 5,635 1,286 27,690 ANC 2,411,695 1,072,518 1,185,669 201,515 1,780,177 1,325,559 1,059,313 2,486,938 714,271 12,237,655 DP 35,435 5,492 60,499 5,235 3,402 5,826 7,365 126,368 88,804 338,426 DPSA 1,098 834 1,927 415 722 2,088 8,796 2,424 1,147 19,451 FP 750 527 3,347 162 310 500 519 6,844 4,704 17,663 LUSAP 263 269 961 138 253 252 203 490 464 3,293 MF 981 503 6,410 494 662 772 490 1,575 1,546 13,433 NP 302,951 134,511 591,212 169,661 69,870 160,479 198,780 1,160,593 1,195,633 3,983,690 IFP 6,798 20,872 1,822,385 1,902 2,938 7,155 8,446 173,903 13,895 2,058,294 TOTAL 2,857,710 1,309,993 3,750,606 404,579 1,919,790 1,588,255 1,368,251 4,208,301 2,126,013 19,533,498

88 EISA Election update south africa 2009 no 2

In the national elections in 1994, Table 2: Provincial Elections 1994 a total of 19,533,498 voters par- ticipated in the elections for the Eastern Transvaal Votes Seats National Assembly, which has 400 Pan Africanist Congress of Azania 21,679 seats. The ANC won 252 of the 400 seats, which was 63 per cent of the Right Party 921 total votes, the National Party won Freedom Front 75,120 2 82 seats which constituted 20.50 per African Christian Democratic Party 6,339 cent of the total votes, the IFP got 43 seats which was 10.75 per cent, and African Democratic Movement 5,062 the DP got seven, while the PAC African National Congress 1,070,052 25 and the ACDP got five (5) and two Democratic Party 7,437 (2) seats respectively. In Mpumalanga Province, there National Party 119,311 3 were thirty (30) seats available in the Inkatha Freedom Party 20,147 provincial legislature and the ANC obtained twenty-five (25) of those TOTAL 30 seats, which constitutes 83.33 per cent, while the NP and the Freedom Front obtained three (3) and two with a new vision that would em- spoilt votes and 80,524 special (2) respectively. A total of 1,326,068 brace and advance the rights of all votes. All 21 parties that par- voters took part in the provincial South Africans irrespective of their ticipated in the 2004 Mpumalanga elections in 1994. colour, creed and religion. provincial elections were also reg- After the 1994 elections, the Mr Lybon Mabasa defected from istered for the national elections names of four provinces were the Azanian People’s Organisation and there was no party that was changed. The province referred to (AZAPO) to form the Socialist Party contesting the provincial elections as Eastern Transvaal became Mpu- of Azania (SOPA), citing ideological only. The results of the Mpuma- malanga Province, Northern Trans- differences. He also registered his langa provincial elections were vaal became Northern Province, party to contest the 1999 elections. as follows: The African National Orange Free State became Free State In addition to the above-mentioned Congress (ANC) obtained 86.34 Province and PWV (Pretoria-Wit- parties, a few others were formed per cent from 979,155 votes. It was watersrand-Vereeniging) became which were not there in the previous followed by the Democratic Alli- Gauteng Province. The other five (5) elections and they too contested the ance, with 7.17 per cent from 81,313 provinces remained the same, viz. 1999 elections, viz.: votes, while the African Christian KwaZulu-Natal, the Eastern Cape, Democratic Party (ACDP), the Northern Cape, Western Cape and • The Government by the People United Democratic Movement the North-West Province. Green Party (GPGP) (UDM), the Freedom Front Plus In the 1999 election, many of the • The United Christian Democratic and Inkatha Freedom Party (IFP) smaller parties that participated in Party (UCDP) all got 1 per cent each (see Table 3). the 1994 elections disappeared and • The Abolition of Income Tax and The ANC therefore got 26 of the 30 a few new political parties were Usury Party (AITUP) seats in the provincial legislature, formed to contest the elections. • The Afrikaner Eenheids Bewig- while the DA got two seats. The The United Democratic Movement ing (AEB) ANC in the Mpumalanga Pro- (UDM) was formed by General vincial Legislature therefore has a Bantubonke Holomisa, who had Electoral performance very big majority with virtually no been expelled from the African of parties in the opposition at all. National Congress (ANC), and it Mpumulanga province in was registered for the 1999 elec- the 2004 elections Voter registration for tions. The National Party (NP) The Mpumalanga province, with 2009 upon realising that its support base a total population of 1,442,472 The Independent Electoral Com- was decreasing, with white South registered voters, was contested mission (IEC) used the weekends Africans accusing them of selling by 21 registered political parties in of 8 and 9 November 2008 as a out to the ANC, changed its name the 2004 elections. Of the 1,442,472 voter registration weekend and, to the New National Party (NNP), registered voters, only 80.28 per more recently, the weekend of 6, because it wanted to rid the party of cent turned up at the various poll- 7 and 8 February 2009. This was the stigma of being the perpetrators ing stations in the province, which done to afford potential voters a of apartheid rule. It wanted to be translates into 1,157,963 voters, with chance to register to vote in the regarded as a new non-racial party 1,134,092 valid votes and 23,871 upcoming national and provincial

89 EISA Election update south africa 2009 no 2

Table 3: Results of Mpumalanga province elections • Safety and security – this in- volves what each party would Party Abbr Results % do to fight crime and improve African Christian Democratic Party ACDP 11 321 1% the justice system. They all promise to fight corruption African National Congress ANC 979 155 86.34% and fraud within government Azanian People’s Organisation AZAPO 2 149 0.19% and by politicians, reinstating the Scorpions. Christian Democratic Party CDP 662 0.06% • Housing and land – strategies Democratic Alliance DA 81 313 7.17% for the provision of houses to Independent Democrats ID 3 927 3.35% enhance the people’s dignity, the redistribution of land, ag- Total valid votes 1 134 092 100% riculture and rural develop- Total spoilt votes 23 871 ment. • Social development and food Percentage Poll 80.28% security – basic income grants, Total votes cast 1 157 963 the creation of a safety net Total No. of special votes 80 524 for the unemployed and low income earners. • Economy – creating sustain- election on 22 April 2009. Voters taken at those conferences (where all able jobs so that they fight whose names did not appear on its structures are represented) form poverty, labour laws and the the voters’ roll and those who had part of their election manifesto. In attraction of foreign and do- lost their bar-coded identity docu- developing this document parties mestic investment, the fiscal ment and had acquired new ones would also conduct izimbizo to have and monetary policies, eco- were allowed to reregister. In order input from the general public. Tradi- nomic empowerment, affirma- to vote in national, provincial and tional and religious leaders are also tive action policies and the municipal elections, you have to engaged to give input on traditional creation of small and medium register as a voter. You only have to and religious issues and other issues entrepreneurs. register once, unless the person’s affecting their communities. • Infrastructure development voting district changes. You must All the parties in the 2009 mani- (including 2010), tourism and be a South African citizen, be at least festo focus on almost the same issues international relations 18 years old and have a green, bar- of governance, especially where coded ID book. In the Mpumalanga weaknesses were identified in the Each party has a different approach province 1,696,025 potential voters ruling party’s policies and service to the above and is guided by its were registered for the 2009 Provin- delivery strategies, and most of them founding policies and constitution. cial elections, 772,207 of whom are are not necessarily different. The fol- The ANC’s founding document is males and 923,818 are females. This lowing are some of their focal points the Freedom Charter, which guides is higher than the 1,442,472 voters which are mostly common between most of their policies. Some of the who were registered in the 2004 them: smaller parties’ and opposition provincial elections. parties’ manifestos are based on

• Health – each party outlined what they perceive to be the short- Party manifesto how it is going to improve development comings of the ruling party in its the health care facilities and fifteen years in government. It has A manifesto is an election docu- provide proper and accessible been observed, however, that most ment which contains the party’s health care for every South parties do not release their party vision, strategies, approach to the African and how service can manifestos until after the ANC has elections and issues of governance, be improved in those facilities. released its, and they have an easy past achievements, problems iden- HIV/AIDS and the roll-out of job of opposing whatever the ANC tified, solutions to those problems ARV treatment and counsel- comes up with, or on improving and the party’s focal points when ling, cholera treatment and their ideas. conducting its election campaigns. prevention and health insur- This document is developed by each ance are mentioned. The candidate party engaging with its structures • Education – a strategy on how nomination process from the branch level, provincial each party can provide free According to the Electoral Act, the and national structures. Parties education to all citizens up to a requirements for parties to contest hold conferences from time to time particular level, improving the elections are that the political party and the decisions and resolutions level and quality of education. should be a registered party and

90 EISA Election update south africa 2009 no 2 should have submitted a list of didates to either accept or reject the National Assembly. According candidates. A registered party in- nomination by declaring their avail- to this arrangement we should see tending to contest an election must ability or non-availability. After the SABC showing more of the ANC nominate candidates and submit a the elections the parties will then election campaigns because they list or lists of those candidates for deploy their candidates accord- have the most number of seats in that election to the chief electoral ingly, depending on whether they the National Assembly followed by officer in the prescribed manner, won the elections or not. If a party the DA, which is the official opposi- by not later than the relevant date wins the elections its candidates tion party. The other small parties stated in the election timetable. The will represent it in parliament. If it would see less of their campaigns list or lists must be accompanied does not win the elections they will being covered on the SABC because by: be deployed elsewhere, depending they do not have enough seats in on the number of seats the party is parliament. • Prescribed undertakings, allocated. This criterion has sparked a signed by the duly authorised Some parties send a bigger lot of debate because of the newly representative of the party, nomination list of candidates to the formed Congress of the People binding the party, persons IEC so that they can decide after the (COPE), which does not have any holding political office in the election as to which candidate is representation in parliament but party, and its representatives suitable for what position, without enjoys a lot of media coverage by and members, to the Code. any limitations. In other parties the both SABC television and SABC • Declaration, signed by the duly list is drafted in such a way that radio. For a long time other parties authorised representative of they achieve gender balance and have been accusing the SABC of the party, that each candidate the most equitable distribution of reporting mostly on ANC events, on the list is qualified to stand skills and talent. causing the suspicion that they are for election in terms of the the ruling party’s mouthpiece. The Constitution or national or Media coverage of birth of COPE has seen it claiming provincial legislation under election campaigns almost equal coverage with the Chapter 7 of the Constitution. The South African Broadcasting ANC at the expense of the other • Acceptance of nomination, Corporation (SABC) is the biggest smaller parties, yet it does not even signed by each candidate. broadcaster in the country, with have representation in parliament. • Undertaking signed by each three different television channels The SABC claims that COPE is candidate, that that candidate i.e. SABC 1, 2 and 3, and a host of an interesting party and brings will be bound by the Code; and radio stations. There is another tele- change to the political dimension a deposit. vision station called e-tv which also of the country and it is in the public • The Commission may prescribe falls under the electronic media. interest to report on the party’s the amount to be deposited in The difference between the two events. terms of subsection (2) (e). broadcasters is that the SABC is The United Democratic Move- a public broadcaster and e-tv is a ment (UDM), the Independent The date set by the IEC and stated privately owned television station Democrats (ID), Inkatha Freedom on the election timetable for the sub- which is free to the public, which Party (IFP), the African People’s mission of candidate’s nomination does not pay any fees to watch this Convention (APC), the Azanian lists by political parties is 2 March station. These two television sta- People’s Organisation (AZAPO) 2009 at five o’clock in the after- tions are regulated by the code of and to a lesser extent the Democratic noon, after which no candidates list conduct that is enforced by ICASA Alliance (DA) were very vocal will be accepted. Parties, through and the Independent Broadcasting about the action of the SABC, al- their structures and branches, are Complaints Commission, to bring leging that the SABC is being used expected to nominate candidates to the public viewing that is fac- to achieve the political interests of that they feel are best suited to lead tual, fair, does not amount to hate some people. Snuki Zikalala, the their respective parties after the speech, is not harmful to children SABC’s head of news, has been ac- elections. Any party that fails to and reporting that is not prejudiced cused of being pro-COPE (because submit the candidates list will not and does not favour any particular of his alleged support for the former be allowed to contest the elections individual. president Mr Thabo Mbeki), thus as they will have contravened one The SABC has pledged to give allowing it more air time. of the requirements for contesting equitable coverage of the political Recently the Alliance of Free elections. parties’ election campaigns. This Democrats (AFD) accused the Some parties go on to have list equitable coverage, according to SABC of insulting it in one of the conferences at which candidates the SABC, will be based on the interviews for which the party was are nominated. Each party though, number of seats that the parties invited to a morning news show. should allow the nominated can- have and their representation in The AFD claimed that it was not

91 EISA Election update south africa 2009 no 2 given enough time to express itself citing that their representative was paigns of the various parties there on its policies, while the ANC and not given enough time to express is a general feeling among political the DA, who were invited onto the the views and policies of the party parties that this television station same programme, got generous to the viewers. is pro-DA and reports negatively time. AZAPO delegates disrupted a While e-tv is not bound by any about other parties. The print media live SABC Sunday election debate, pledge to report on the election cam- is also not free from bias. q

NORTHERN CAPE

Angelique Harsant – University of the Free State

Political parties and the their manifestos and have submit- The New National Party was electorate in the North­ ted their candidates’ lists by 2 March disbanded and therefore it will be ern Cape: Ready or not? 2009. interesting to see how the 7.52 per The preparations for the 2009 elec- This report will investigate the cent of votes it received during the tions are underway in the Northern following: the trends and patterns 2004 election will be redistributed Cape and political parties and the in electoral performance of political among the remaining parties. A voting population alike each have parties in the Northern Cape, the new party which wishes to chal- certain tasks to fulfil in preparation launching of political parties elec- lenge the ruling ANC is the newly for the April 22 election. tion manifestos, the voter registra- formed Congress of the People According to the election time- tion process, and some of the key Party (COPE). table for Northern Cape Province, political leaders in the Northern By-elections were held at the voters have an obligation to ensure Cape. end of January 2009, which some that they are registered to vote, political parties regard as a ‘dress and they should attend rallies and Patterns and trends in rehearsal’ for the official 2009 gen- participate where possible in the electoral performance eral election. During this by-election nomination process to finalise the of political parties the ANC won with an overwhelm- candidates’ list of the party to which During the 2004 general election the ing majority. According to Sandi they belong. The political parties following political parties obtained Kwon Hoo (2009: 2) from the Dia- have to address their supporters at support in the Northern Cape Prov- mond Fields Advertiser, reporting rallies, have discussions regarding ince (Table 1). on the results of the January 2009 by-elections in the Northern Cape: Table 1: Election results: Northern Cape ‘the ANC won an 80 per cent land- slide victory in the municipal by- Political Party Election results 2004 elections in the Northern Cape and 1. African Christian Democratic Party 1,88% trashed claims that it was no longer the choice of the majority.’ 2. African National Congress 68,83%

3. Azanian People’s Organisation 0,52% Party manifesto development 4. Democratic Alliance 11,08% As the 2009 election draws closer 5. Independent Democrats 7,06% the political parties have started introducing their manifestos to their 6. Inkatha Freedom Party 0,24% members and potential supporters. 7. New National Party 7,52% The Northern Cape Province has 8. Pan Africanist Congress of AZANIA 0,43% begun to host high-profile politi- cians, who are visiting the province 9. The Cape People’s Congress 0,12% to launch their party’s manifes- 10. United Christian Democratic Party 0,33% tos. These include ANC president Jacob Zuma and ANC members 11. United Democratic Movement 0,45% Derek Hanekom and Trevor Manuel 12. Freedom Front + 1,55% (National Executive Committee

92 EISA Election update south africa 2009 no 2 members), who addressed the the national chairperson of the In- ties included prominent politicians community in Springbok at the dependent Electoral Commission, in this drive which included the Springbok showgrounds. Manifesto stated that (DFA, 2009:7): ‘… the president of the ANC Women’s rallies were also held in the Siyanda drive has far surpassed our expecta- League, Angie Motshekga, and Dr Region and in the Francis Baard tions and the IEC is delighted to see Mosibudi Mangena, president of Region in the small town of Ritchie, the success of the weekend drive to the Azanian People’s Organisation which was attended by 6,000 people. register new voters, especially the (AZAPO) and also the Minister of The key priority issues highlighted youth, who represent a majority of Science and Technology (Fielding, at these rallies were the creation of the weekend registration activity at 2009: 5). quality employment opportunities, 77,9 per cent.’ In the Northern Cape, as at 20 the provision of quality education, Voter registration in the North- February 2009, the two registration ‘health, rural development, food ern Cape constituted 1.64 per cent drives by the Independent Elec- security, and land reform and the of the total voting population in toral Commission (IEC) yielded a fight against crime and corruption’ South Africa. Provincially, 25,634 total of 554,900 registrations, with (DFA, 2009: 7). new registrations were recorded, 298,018 female voters and 256,882 High-profile politicians have which equals 42.35 per cent of male voters (Independent Electoral visited the Northern Cape to pro- the Northern Cape’s voters. The Commission 2009: 1-2). mote their respective parties. These number of reregistrations totalled include Dr Alan Boesak, Nick 28,786, which constitutes 47.56 per Who’s who in the Koornhof, Simon Grindrod and cent of voters in the Northern Cape Northern Cape’s Anele Mda (president of COPE’s (DFA, 2009: 7). election race? youth movement), representing On 7 and 9 February 2009 the The political environment in the COPE. The visit included address- voters got a second opportunity to Northern Cape is electrifying, as ing supporters in Kamiesberg, exercise their democratic right to potential candidates enter the race Groblershoop, Upington, Pampier- participate in the election process for premiership in the 2009 multi- stad, Roodepan and Galeshewe (Ca- through registering for the forth- party elections. These potential hill, 2009: 2). Dr Mosibudi Mangena, coming 2009 elections. Elkin Tolpin, candidates include John Fikile Block president of the Azanian People’s the manager of electoral matters (ANC), Neville Mompati (COPE), Organisation (AZAPO), and the at the IEC in the Northern Cape, Mohammed Desai (ID) Chris Lie- Minister of Science and Technology, indicated that there had been a very benberg (DA) and Francois van Wyk has also visited the province, as well favourable turnout during the voter (ACDP) (Cahill, 2009: 2). as the Democratic Alliance’s Helen registration process, with 45,000 John Fikile Block is ‘the popular Zille and the Independent Demo- voters visiting voting stations, choice for the provincial leader- crats’ (ID) Patricia De Lille, who 21,000 of whom made application ship even though the party’s na- lobbied voters in Kakamas (Cahill, to register or to reregister. Tolpin tional executive committee (NEC) 2009: 2 and SABC News, 2009). also indicated that the registration member, Tina Joemat-Petterson, process went smoothly, with only received the highest number of Voter registration a few voting stations keeping the votes for the national list for the Justice Bekebeke, the provincial doors open beyond closing time ANC’ (DFA, 2009: 9). John Block is electoral officer, encouraged voter due to the influx of people to vot- a charismatic political leader and participation by stating: ‘… don’t ing registration points. While the successful businessman who has make your right a privilege but weather remained challenging, es- moved swiftly through the ranks of rather go out and determine your pecially in De Aar, where a flooded the ANC, occupying positions such future and use this opportunity’ river prevented voters from reach- as a member of the Upington Branch (Fielding, 2009: 4). ing voting registration points. An Executive Committee (1990), pro- The Independent Electoral Com- argument has been made that where vincial chairperson of the African mission’s (IEC) first registration circumstances may have prevented National Congress Youth League drive was held in November 2008. potential voters from voting, other (1991), a member of the National It became evident from the results opportunities and outreach by the Executive Committee of the ANC of the November 2008 registration IEC ought to occur to provide an ad- Youth League (1991), a member of process that gender voting was still ditional opportunity for registration the ANC Provincial Executive Com- very much a factor for consideration in instances where circumstances mittee of the Northern Cape (1991), during the forthcoming elections in may have prevented intended reg- a member of the Northern Cape 2009. Nationally, with regard to first- istrants from registering. Provincial Legislature (1994-2004), a time registrations, 882,536 women Political parties went all out to consultant for the Ministry of Youth applied for registration as opposed encourage the public to exercise Affairs (1994-1995), a member of the to 765,653 men. With regard to the their democratic right to participate Executive Council (MEC) for the De- age demographics Dr Brigalia Bam, in the 2009 elections. Political par- partment of Transport, Roads and

93 EISA Election update south africa 2009 no 2

Public Works (1999-2004) and, later, party’s provincial leader, Francois (1983), the Orania Bestuursdienste MEC of Education (2009). Mr Block van Wyk, remains positive. Van (Pty) Ltd (1990), and Member of the has a significant following which re- Wyk, originally from Calvinia, has a Provincial Legislature (1994) (Who’s sulted in his election as the Provin- keen interest in agriculture, religion Who, 2009). cial Chairperson of the ANC at the and politics. He started his po- Mr Sampie Cloete, leader of the party’s provincial conference held litical career in 2003 as a member of Independent Democrats, was on a in Kuruman in 2008 (Who’s Who, ACDP’s Provincial Executive Com- campaign drive when he had a very 2009). The election of Block as the mittee. In 2004 he ranked first place serious car accident and passed away provincial chairperson of the ANC on the party’s nomination list for due to his injuries. ID leader Patricia in the Northern Cape has paved the premiership. After the 2004 general De Lille, upon receiving the news, way for his possible appointment as elections he was appointed as the left immediately for Springbok premier of the province should the provincial leader and represented to be with his family (IOL, 2009: ANC win the provincial elections. the party nationally as the ACDP’s 1). He has been replaced by Mr Block defeated his political rival agricultural representative. Van Mohammed Desai as provincial Neville Mompati at the ANC’s 2008 Wyk is known as the opposition’s leader of the party. Provincial Congress and Mompati watchdog over any alleged provin- The IEC set 2 March 2009 at 17:00 subsequently defected to the newly cial ‘financial inadequacies’ and has as the deadline for political parties formed Congress of the People been ‘… fighting for a member of to submit their respective party’s (COPE). the opposition to head up the Stand- candidate lists. The IEC then began Mompati, now COPE’s possible ing Committee on Public Accounts a process of verifying these lists. candidate for premiership, was (Scopa)’ (Cahill, 2009: 2). Any errors detected in this verifica- born in Kimberley. He was initially Dr Chris Liebenberg is the Dem- tion would then be communicated a teacher by profession and taught ocratic Alliances’ candidate for to that particular political party. The English and History in and around premiership of the Northern Cape. IEC has set a deadline of 16 March Prieska. Apart from teaching, he During apartheid he served as a 2009 for political parties to correct has served on a number of youth South African diplomat in Califor- these mistakes, after which the final and education committees. He later nia from 1984 to 1989. Thereafter candidate’s lists will be published. resigned from the teaching profes- he returned to his family’s farm Many of the main political parties sion and entered the political arena, and became involved in politics. had not submitted their list by the serving the ANC on a full-time In 1993 he assisted in the drafting 24 February, but reported that they basis. He subsequently became the and publication of a document were in the process of finalising provincial secretary of the ANC in that promoted the creation of the these lists (Cahill, 2009: 2). the Northern Cape. After his defeat Northern Cape as a separate prov- As the political parties rush to at the ANC provincial conference ince, on ‘… regional autonomy as a complete their candidates lists for in Kuruman at the hands of John constitutional model for the North- the forthcoming elections they still Block, he decided to join COPE in ern Cape’. (Cahill, 2009: 2). In 1994 took time to comment on the pro- November 2008. After his political he was elected as a member of the cedures. Opposition parties voiced defeat at the provincial congress legislature in the province and was concern about certain decisions Mompati stated that ‘… it was a the Chief Whip of the Opposition. made by the ANC concerning the tough decision but I could no longer In the same year, with the establish- possible nomination of candidates be a proud member of the ANC ment of a Government of National to their list whom parties felt were due to its entrenched factionalism, Unity, Liebenberg became MEC of inappropriate, such as the nomina- purging and evil victimisation of Transport. He was subsequently tion of Winnie Mandela, who, it is comrades with opposing views elected, in September 2008, as the posited by opposition parties, is within the democratic movement’ provincial leader of the Democratic ineligible due to a criminal con- (Cahill, 2009: 2). Alliance (Cahill, 2009: 2). viction, even though suspended. While the attention is on the Mr Carel Willem Hendrik With regard to the province, this struggle between COPE and the Boshoff has been the Northern included criticism about the non- ANC in the electoral race for votes, Cape provincial leader of the nomination and absence of the cur- it is important not to ignore the Freedom Front Plus since 1994. He rent Premier Dipuo Peters’s name rivalry between the opposition is married to Anna Verwoerd. He on the ANC’s possible candidates’ parties as COPE is presented as has a long history as an Afrikaner list. ANC spokesperson Monwa- the most viable alternative to the leader in the province. He was bisi Nkompela responded to the ANC. appointed as chairman of the opposition parties’ criticism of the Despite speculation that the Afrikaner Broederbond (1979- ANC’s nomination process of the African Christian Democratic Party 1983), the Afrikaner Volkswag candidates’ list for the 2009 election will struggle to maintain its current Cultural Organisation (1984-1999), and issued a statement stating that standing in the political arena, the the Afrikaner Vryheidstigting (Fielding, 2009: 6):

94 EISA Election update south africa 2009 no 2

The ANC noted the responses of the Northern Cape Province published References opposition parties in respect of the the election table for the province Cahill, M. 2009. Big guns roll into the city. democratic processes undertaken which clearly states that registered Diamond Fields Advertiser. 26 January, by ordinary members of the ANC parties that wish to participate in p. 2. and its branches in nominating the 2009 election must go through –––– 2009. Parties hard at work on candi­ date lists. Diamond Fields Advertiser. prospective public representatives a nomination process and submit 24 February, p. 2. to the Provincial Legislature and their candidates’ lists to the Inde- –––– 2009. Battle for the Province. Diamond National Parliament, specifically pendent Electoral Commission’s Fields Advertiser. 25 February, p. 2. the non-nomination of comrade chief electoral officer by 17:00 on Diamond Fields Advertiser. 2009. Battle for the premiership. 23 January, p. 9. Dipuo Peters. The ANC respects 2 March 2009 (Provincial Gazette, –––– 2009. ANC introduces manifesto to and abides by its internal democratic 2009: 3). the Northern Cape. 27 February, p. 7. processes and so do disciplined Fielding, S. 2009. ANC seeks praises for List members of the ANC, it does not Conclusion Process. Diamond Fields Advertiser. 19 January, p. 6. function on the basis of appointed If political parties have submitted –––– 2009. Last roll call for voters. Diamond leaders and representatives. their candidates’ lists but did not Fields Advertiser. 9 February, p. 4. comply with section 27 then the –––– 2009. Another good election turnout. Despite all the deliberation regard- chief electoral officer has to inform Diamond Fields Advertiser. 9 February, p. 5. ing the nomination process and the respective party thereof by 6 Independent Electoral Commission. 2004 the finalisation of the candidates’ March 2009 and the party needs to Election Results. http://www.elec- list, political parties have to keep correct this by 10 March 2009. The tions.org.za/Elections2004_Static. the deadline for the submission of process of listing political parties these lists in mind, as failure to do and their candidates is to have been so will cut them out of the electoral finalised by 3 April 2009 (Provincial race. The Provincial Gazette in the Gazette, 2009: 3).

WESTERN CAPE

John Akokpari – University of Cape Town

The Western Cape is a politi­ province, or at least becoming the ANC, which had been unable to win cally volatile province. It has not been biggest party in a coalition that the province in previous elections won outright by any single political will govern with other parties. This but whose support had increased party since 1999. The province has report provides a background of significantly in 1999. been governed, at first after 1994 previous elections in the province The 2004 election was charac­ elections, by the (now defunct) and a discussion of some key issues terised by an effort by all political National Party (NP), then after that, regarding party manifestos and parties to woo Coloured voters. either an African National Congress candidate nominations in the run- Coloureds, who form the racial (ANC) provincial government or a up to the election. majority in the province, do not Democratic Alliance (DA) coalition identify with any particular party (with smaller parties). It is currently Electoral performance in the same way as Africans and ruled by the ANC in coalition in 2004 Whites do. As a result, much of the with several other minor parties. The 2004 provincial elections were electioneering of various political However, the ANC’s hold on the hotly contested in the Western Cape. parties has been designed especially Western Cape seems to be slipping In 1994 and 1999 the province was to attract the ‘Coloured vote’. as a result of growing factionalism won by the National Party, which Twenty parties contested the and tension within the party. Most went into an alliance with the Dem- provincial election. Of these, six observers predict that the ANC ocratic Party (DP) in 1999 to form parties gained seats in the 42-seat will lose power in the Western the DA. This alliance was dissolved provincial parliament. The ANC Cape Province at the 2009 elections. in 2001. Thus the 2004 elections were won the majority of seats with 45.25 Opposition parties are aiming to the first time when it was likely that per cent of the vote (19 seats). The take advantage of the ANC’s loss a party other than the NP would get DA won 27.11 per cent of the vote of support. The DA, in particular, control of the province. The contest (12 seats) and the NNP won 10.88 has a good chance of winning the was particularly important for the per cent of the vote (5 seats). The

95 EISA Election update south africa 2009 no 2 remaining seats were split between racial make-up of the Western Cape team has been set up to run the the ID (3), ACDP (2) and UDM (1). is 26.68 per cent African, 53.91 per party’s provincial election cam- Through a coalition government, an cent Coloured and 18.41 per cent paign (PEC). The NEC task team is alliance of the ANC and the NNP White (Cape Argus, 25 August headed by Gauteng housing MEC, was able to gain majority control of 2008), so political parties are pulling Nomvula Mokonyane. The PEC has the province and Ebrahim Rasool out all the stops to attract Coloured effectively been left with no powers was elected premier of the province. voters. Opposition parties aim to until after the election. In 2008, following the ‘recall’ of then take advantage of the in-fighting The elections task team is headed President Thabo Mbeki by the ANC, in the ANC to weaken its hold on by Chris Nissen, a businessman and in what is perceived to have been a the province. The ANC’s loss of 18 former ANC provincial chairman, purge by the new leadership of the ward seats in the 10 December 2008 and includes Tony Ehrenreich, ANC of Mbeki supporters, Ebrahim by-election is seen by opposition Cosatu’s provincial secretary; Rasool was replaced as premier of parties as proof that the ruling party Ebra­him Patel, general secretary the Western Cape by Lynne Brown, will lose control of the province in of the South African Clothing and and was subsequently appointed an this year’s provincial elections. Textile Workers’ Union, and labour advisor in the presidency to Presi- The manifestos of the major par- minister Membathisi Mdladlana. dent Kgalema Mothlante. There ties in the province are not all that They are responsible for preparing have been arguments advanced different from each other. They all the party for the provincial elections. that suggest that the replacement highlight the eradication of poverty, The party is targeting Coloured of Rasool by Brown may hurt the job creation, improvement of health voters and will focus its campaign ANC’s chances in the 2009 elections, care and education, and fighting on eradicating poverty and creating but Rasool’s appointment in the crime and corruption as top priori- jobs. The prominence of trade union presidency may counter this view. ties. Opposition parties also include leaders in the elections team is part Electoral support, in any case, will defending the constitution in their of a strategy to attract voters who be contingent on a range of factors, manifestos, as recent statements are active in the workers’ movement rather than just the question of lead- against the judiciary by members of and other social movements in the ership and personality popularity. the ANC have led some to conclude province. that the constitutional foundation The ANC launched its election Voter registration of the country is under threat. This manifesto in East London on 10 Voter registration for the 2009 pro- report looks at the party manifes- January 2009. Its five priority areas vincial election was a success. Two tos and election campaigns of the for the next five years are the crea- voter registration weekends were ANC, DA, ID and the newly formed tion of decent work and sustainable held on the 8 and 9 November 2008 COPE. The ANC, DA and ID are the livelihoods, education, health, rural and 7 and 8 February 2009. Apart biggest parties in the Western Cape, development, food security and from a few isolated incidences while COPE, new to the political land reform, and the fight against the registration process went off scene, also has a large following in crime and corruption. These pri- smoothly. The number of voters the province. orities all tie in with the aim of on the Western Cape voters’ roll creating ‘a better life for all’. The increased from 1,910,866 in 2004 to ANC party’s campaign strategy aims to 2,634,439 in 2009. This is in line with The ANC in the Western Cape has emphasise the achievements of the the national trend. On 11 February been faced with a number of dif- last 15 years while acknowledg- 2009 the IEC announced that it had ficulties in the last few years. The ing the challenges which remain. exceeded its target of registering party’s provincial structures have Experience and political will are 22 million voters nationally for the been fractured as a result of fighting emphasised as necessary in helping 2009 elections. between different factions. In 2008, South Africa address poverty, crime Ebrahim Rasool was removed from and job creation in the future. Party manifesto the premiership and replaced with development Lynn Brown. Following the failure DA With the announcement of the elec- of the party to register its name with The DA has set its sights on winning tion date as 22 April 2009, provincial the IEC in time to contest December the majority in the Western Cape. election campaigns have began in 2008 by-elections in local govern- The party is hopeful that its leader- earnest. Most of the big political par- ment wards, there were plans to ship record in several municipalities ties began their campaigning before disband the entire provincial ex- in the province, Cape Town in par- President Kgalema Motlanthe’s 10 ecutive committee. However, these ticular, will attract voters and make February 2009 announcement. As were shelved in favour of setting it the ruling party. As mayor of was the case in 2004, the Coloured up a National Executive Commit- Cape Town, Helen Zille’s chief aim vote is a focal point for all political tee (NEC) task team to strengthen has been to illustrate that the DA parties in the Western Cape. The leadership in the province. Another is not only an effective opposition,

96 EISA Election update south africa 2009 no 2 but can also be a successful govern- city’s administration, which might ‘A New Agenda for Change and ment. The ANC–COPE split and the undermine the DA’s efforts to woo Hope for All’. The party has set results of by-elections towards the the poor. itself up as the moral alternative to end of 2008 have only strengthened the ANC, with a leadership that is belief within the party that it ‘is on ID dedicated to serving the people and track to win this province’ (Ryan The ID contested its first election not itself. The manifesto includes Coetzee, DA Chief Executive). As it in 2004, winning three seats in the an extensive list of policy priorities has in the three previous elections, Western Cape Province. The party and aims. Among the issues it deals the DA is promising to keep the views itself as social-democratic in with are transparency in leadership, ANC out of the province’s lead- nature, and advocates government youth and women empowerment ership. The party’s leadership is intervention in addressing inequal- and economic bail-outs for indus- confident that this will happen. At ity in society. Many of the ID’s sup- try. The manifesto also aims to the Western Cape election campaign porters are from the rural areas of empower people by changing the launch on 28 February, Helen Zille the Western Cape, and its leader, electoral system to enable the elec- said her party was looking for an Patricia de Lille, holds significant torate to directly elect the president, outright victory in the province respect among the Coloured com- premiers and mayors. This, COPE and was not looking to form any munity in the province. The ID’s argues, is to enhance accountabil- coalitions. top policy priorities in its manifesto ity to the electorate directly and As part of its campaign strategy are job creation, poverty alleviation to promote greater control by the the DA has conceptualised two through a minimum income grant, electorate over political leaders in opposing political philosophies in combating crime, improving the government. The recommendations South African politics. The first cre- health sector, improving education, for supporting the manufacturing ates an ‘open, opportunity-driven focusing on rural development, industry and implementing social society for all’, while the second defending the constitution, cut- plans to help retrenched workers creates a ‘closed, crony society for ting government expenditure on could be welcomed by workers in some’. This dichotomy allows the the arms and nuclear industries, the Western Cape who have lost party to compare itself to the ANC improving service delivery through their jobs because of the closure of and other opposing parties. The filling vacancies in the public serv- textile factories and other manu- DA manifesto is based on the first ice and positioning South Africa as facturers. It is somewhat concern- philosophy of an open, opportunity- a leader in renewable energy. The ing that the party has not taken a driven society. The manifesto prom- party took five seats in the province particularly strong stance on HIV/ ises to reduce poverty (using a basic in the December 2008 by-election, AIDS, which is one of the major income grant and other appropriate gaining from the growing disaffec- problems facing the country. Apart social grants); improve the qual- tion with the ANC in the province. from a few lines about implement- ity of education (by, among other Although it is not likely to win the ing a comprehensive HIV and AIDS things, setting performance targets majority of votes, the ID could win strategy, there is no mention of the for schools); improve healthcare (by enough votes to go into coalition disease in the manifesto. There is addressing management issues and with one of the bigger parties and also no acknowledgement of the recruiting and training more doc- could be in a position to be king- grave impact of HIV/AIDS on the tors); fighting crime and corruption maker in the province. country’s population. (some suggestions to do this include increasing the number of police COPE Nomination process officers on the street, reducing The Congress of the People (COPE) Parties contesting elections in South backlogs in court and reintroduc- is the new kid on the block in this Africa must nominate candidates ing prison labour so that prisoners election. Formed by former ANC and submit lists to the Independ- have skills when they leave prison); members who broke away from the ent Electoral Commission (IEC). defend the constitution (putting party following Thabo Mbeki’s re- Each party has its own system of power back into the hands of the moval as president of South Africa, nomination and selection of candi- people by introducing direct elec- the party has a large following in dates. The deadline for submission tion of the president, premiers and the Western Cape. At the December of candidate lists to the IEC was 3 mayors). 2008 by-elections the party won 10 March 2009 at 5pm. A major point Recent protests regarding the seats in the province. Some of the of speculation in the run-up to this pace of housing delivery and in par- most prominent COPE organisers, deadline has been around candi- ticular the eviction of people from including former provincial MEC, dates for premiership of the Western government housing along with the Leonard Ramatlakane, are based in Cape. The ANC has yet to announce protests about prepaid water meters the Western Cape. its candidate in the province. Con- in some poor areas of Cape Town COPE’s manifesto was launched flict between various factions of reflect some dissatisfaction with the on 24 January 2009 under the slogan the party has delayed the selection

97 EISA Election update south africa 2009 no 2 process. The DA announced on 1 that she will be running as the pre- after he received a presidential par- March that Helen Zille would be its mier candidate in the province for don from Thabo Mbeki. Boesak still premier candidate in the province. the ID. She is also number one on enjoys support in the Western Cape This further underlines the effort the party’s national list. Alan Boesak from those who remember his work the DA is making in ensuring that has accepted the nomination for in the anti-apartheid movement as it wins the province by making its COPE’s Western Cape premiership. part of the United Democratic Front party leader Premier candidate for This follows his initial decision in (UDF). the Western Cape. Zille has been early February not to make himself All the completed candidate lists reported as saying that she wants available for nomination. Boesak’s of all the parties will be publicly to make the Western Cape an ex- nomination has caused some con- available from 3 March 2009. These ample of competent DA leadership troversy because of his former con- lists can still be objected to and will to attract voters around the country. viction on fraud and theft charges be finalised at a later stage and con- Patricia de Lille has also announced in 1999, which were later rescinded firmed as such by the IEC.

98 EISA Election update south africa 2009 no 3

ELECTION UPDATE 2009 3 Number 3, 14 MARCH 2009

Eastern Cape

Thabisi Hoeane – Rhodes University

Political campaigns party, the African Independent In order to analyse provincial party Congress (AIC). contents campaigns it is essential to consider Thus eleven parties are on both the level of interest demonstrated the national and provincial ballot, EAStern cape 99 by political parties in attracting six will contest both the national support in the province, based ballot and selected provinces, in- FrEe state 102 on which parties have registered cluding the Eastern Cape, and one Gauteng 104 to contest the poll on 22 April. is going to stand for the provincial According to the list of parties Eastern Cape elections only. Un- Kwazulu-natal 108 that will contest the provincial surprisingly, most major parties ballot released by the Independent (measured on their representation limpopo 111 Electoral Commission (IEC) on in the National Assembly) are con- 3 March 2009, 17 parties have testing the provincial ballot. In this WEStern cape 113 signalled their intention to contest category, parties that will be con- the Eastern Cape.1 testing the provincial ballot for the They can be divided into three first time are the APC, which split sub-categories: those that will con- from PAC in the last floor-crossing test nationally and in all provinces, period in 2007, Cope, a splinter namely the Independent Democrats group from the ANC, PAM (another (ID), African National Congress splinter group from PAC), Nadeco (ANC), Inkatha Freedom Party (a splinter group from the IFP) and (IFP), African Christian Democratic the relatively unknown NVP, CDC Party (ACDP) , United Christian and the AIC. Democratic Party (UCDP), Demo- An immediately discernible cratic Alliance (DA), Freedom Front campaign trend that has emerged is Plus ( FF+), African Peoples Con- that parties, somewhat expectedly, vention (APC) ,United Democratic have indicated different interests in Movement (UDM), Pan Africanist the province, thus determining their Congress of Azania (PAC) and level of activism geared towards at- Congress of the People (Cope); tracting voters in the province. those that are to contest the election Should a party launch its na- nationally, in the Eastern Cape and tional manifesto in one of the areas, in other selected provinces, namely if not the primary area, the conclu- New Vision Party (NVP), Christian sion can be drawn that it is targeting Democratic Alliance (CDA), Aza- this area to win. If this deduction is nian Peoples Organisation (Azapo), correct, both the ANC and Cope Pan Africanist Movement (PAM), are going to have an intense battle National Democratic Convention in the province. (Nadeco); and those that will focus Thus the media spotlight has solely on contesting the provincial fallen largely on the ANC and Cope ballot – and here there is only one (who both launched their national 99 EISA Election update south africa 2009 no 3 manifestos in the Eastern Cape number of people in attendance, focusing on and that is germane to Province) and have dominated something they certainly would the politics of the Eastern Cape. the campaign.2 Although PAC also have deemed newsworthy if the launched its national manifesto crowds were large.7 Political violence and in the Eastern Cape, it has largely The rallies are fanfare events intimidation been out of the provincial media that have utilised the draw-card In relative terms the province has spotlight.3 Other parties, though of famous personalities and party had low rates of political violence, they are to contest the provincial members to cement the credentials for example compared to KwaZulu- poll, have prioritised winning in of parties. In a widely reported in- Natal in past elections, despite other provinces above winning in cident that made national news, the tensions between members of Cope the Eastern Cape. In this regard, ANC came under intense criticism and the ANC being high country­ quite significantly, the DA and ID for having allegedly coerced a frail wide. Indeed, this was underlined are focused on winning the Western Nelson Mandela to appear at a rally by the Provincial Chairperson of the Cape, as they have nominated their in Idutywa on 15 February, despite IEC, the Reverend Bongani Finca, respective leaders, Helen Zille and an earlier statement read on his be- in a newspaper interview in which Patricia de Lille, as premier candi- half at the party’s manifesto launch he stated ‘… where there are high dates for that province, which ex- which intimated that he would levels of political intolerance, the plains their less intense campaigns not be playing an active role in the confrontations in the Eastern Cape, and the fact that they have devoted ANC’s campaign.8 Interestingly, this except for select incidents, have not less time, energy and resources to event had been preceded by the ap- degenerated to any kind of serious the Eastern Cape campaign.4 pearance of Thabo Mbeki’s mother violence’.11 Other parties such as the UDM, and her endorsement of Cope at However, this year’s campaigns IFP, and Nadeco (who launched a rally to launch the party in the have recorded a number of dis­ their national manifestos in other province, a move that was criticised turbing incidents that are occurring provinces) also have a presence in by the ANC on the basis that Cope sporadically in different areas of the terms of mounting election activi- was coercing the elderly.9 province and that have largely been ties in the province, mainly through A novel approach that both the between the two main rivals: the visits by their national leaders. At ANC and Cope have introduced to ANC and Cope. the other end of the spectrum are spread their message and popular- One of the main reasons for fric- parties who, although they have ity is that of branding supporters’ tion between the two parties stems indicated an interest in contesting private vehicles with their party’s from mistrust between alleged the province, such as the NVP and logo, especially those depicting Cope members who are still ANC the AIC, especially the latter given party leaders. An interesting angle members, and other party members. that it is only contesting elections in to this new way of spreading their This has led to incidents where, for this province, seem almost entirely message is that the ANC pays an example, some ANC municipal absent from the campaign.5 individual to carry its brand, while councillors have been physically The usual methods of spreading Cope charges supporters to display hounded out of their offices by ANC campaign messages have been its logo as a way of raising funds.10 supporters for allegedly being through door-to-door visits, bill­ Campaigns have been character- Cope members, such as in the board advertising and placing ised by the usual similar concerns of Amahlati Municipality, especially adverts in local newspapers. The political parties promising to focus at Stutter­heim.12 main method of campaigning em­ on generic issues such as service The overarching view of ANC ployed by parties is the holding of delivery, job creation, combating members is that such alleged Cope political rallies that draw crowds, crime and corruption and the fight members cannot continue to serve the numbers of which are dependent against HIV/Aids, the difference as ANC councillors. The situation on the relative popularity of the being in the order of priority in in this municipality has been so party. For example, the manifesto which the parties rank these issues fraught with tension that service launches of the ANC (East London) and their strategies to realise their delivery is said to have practically and Cope (Port Elizabeth) were objectives. collapsed, as the council cannot relatively well attended affairs with The main campaign platform function with court cases and inter- reports estimating the attendance that stands out among parties that dicts defining the battles.13 The in- at between 80,000 and 100,000 and are intensely campaigning in the timidatory nature of these tensions 20,000 and 30,000 respectively.6 province is rural development, has resulted in some councillors In contrast, the PAC’s launch in which has, for example, been em- being suspended or outright losing Butterworth did not distinguish phasised by the ANC, Cope and their jobs, once again for allegedly itself by huge crowds, as indicated PAC. Beyond this there does not being Cope members, such as in by media reports on the event, which appear to be any uniquely province- the Makana and the Chris Hani did not even bother to estimate the specific issue that the parties are regions.14

100 EISA Election update south africa 2009 no 3

The other form of violence that allegedly having disrupted voting endnotes 17 has erupted is when party support- during by-elections in Uitenhage. 1 http://www.info.gov.za/ ers have clashed during or after However, notwithstanding such speeches/2009/09030314451001.htm rallies. For example, riot police had a laudable initiative by the IEC, 2 See Patrick Cull, ‘ANC throws down the gauntlet to Cope’, The Herald, 12 January to be called to Duncan Village in incidents of violence and intimida- 2009, p.1 and Sabelo Dlangisa, ‘Cope urges East London to intervene in a stone- tion, as noted above, could not be respect for courts at launch,’ City Press, 25 throwing incident between Cope registered formally with the IEC, January 2009, p.2. 3 Msimelelo Njwabane, ‘PAC to launch elec- and ANC members on 31 February and hence a thorough analysis can- tion manifesto in Butterworth,’ Saturday at a rally organised by the former.15 not be made at this stage as to the Dispatch, 24 January 2009. One of the most serious of these success or failure of the mechanism 4 http://www.news24.com/News24/South_ AfricaPolitics/0,,2-7-12_2478044,00.html political acts of violence occurred to deliver a free and fair election. It 5 For example, a search of the IEC website at another Cope rally on the But- will therefore be interesting to note for registered parties revealed that that terworth Campus of Walter Sisulu how the IEC, in the month left be- these parties do not even have website pages for publicity purposes. Indeed, University (WSU), when its mem- fore polling day, engages with and the NVP lists as its contact number a bers clashed with ANC supporters, handles any breaches of the Code cell phone number, no landline or fax leading to a student suffering gun- that are likely to occur, given the number. shot wounds and two policemen intensity of the campaigning in the 6 See Patrick Cull, ‘ANC throws gauntlet to Cope’, The Herald, 12 January 2009, and a woman being assaulted on province, particularly between the p.1 and Mayibongwe Maqhina, ‘Cope on 21 February.16 ANC and Cope. the threshold of historic moment’, Daily Thus, violence and intimida- Dispatch, 26 January 2009, p.1. 7 See http://www.dispatch.co.za/article. tion have occurred largely between Use of state resources aspx?id=288736 the two main protagonists in the Reported cases of the abuse of 8 ‘Madiba backs ANC at rally’, Daily Dispatch, province, the ANC and Cope, and state resources for electioneering 16 February 2009, p.1. It should also be noted that Thabo Mbeki the immediate it would not be fanciful to presume purposes in the province have been past president of both the country and that as the campaigning intensifies few. Given that the Code of Conduct the ANC has not played an active role more of these incidents are likely was signed only at the beginning of in the ANC’s campaign, which is usually the practice in the ANC. Notably he was to occur. March when the campaigning was absent at the launch of the party’s mani- well on its way, it has been difficult festo in East London. Speculation of his Code of conduct to verify such cases as reported in conduct has been reduced to the fact that he has fallen out with the current ANC All political parties that are to the media. Indeed, not surprisingly, leadership after he was stripped of the contest the elections, both at the given the dominance of the ANC in presidency of the country in 2008. provincial and national levels, the public sphere in the province, 9 See http://www.ewn.co.za/articleprog. aspx?id=3997 and http://www.iol. signed and committed themselves these have been directed at that co.za/general/news/newsprint.php?art_ to the Independent Electoral Com­ party. The ANC is the dominant id=nw20090124152024765c29... mission’s (IEC) Code of Conduct on party at the provincial level, and 10 Xolisa Amgwatyu, ‘ANC pays for slogans on motorists’ cars,’ Daily Dispatch, 21 Janu- 11 March in Pretoria. Indeed, this controls many municipalities and ary 2009, p.3. can be raised as a criticism of the local councils and hence its officials 11 Asanda Nini, ‘Robust election predicted IEC election calendar of events, in are the ones who have access to for Eastern Cape’, Eastern Cape Today, 12 March 2009, p.3. that the parties formally committed state resources that are susceptible 12 Adrienne Carlisle, ‘Amahlati councillors themselves to this process practically to misuse. threatened by ANC mob’, Daily Dispatch, in the middle of the electioneering One incident in which the ANC 26 January 2009, p.4. 13 Babalo Ndzendze, ‘Chaos in award-winning period. By this point incidents that was clearly found to have been town’, Daily Dispatch, 11 March 2009, p4. could have been reportable and derelict is where the MEC for Local 14 See Mayibongwe Qhina, ‘Chris Hani ANC actionable by the IEC had already Government, Xoliswa Tomm, was boots out six councillors’, Daily Dispatch, occurred. found to have instructed subordi- 16 February 2009, p.4 and Kwanele Butana, ‘ANC puts boot in’, Grocotts Mail, It would appear that the ideal nates in her department to employ 9 December 2008, p.1. situation would have been for only ANC youth in a developmental 15 Patrick Kukard, ‘Cope v ANC!’, Daily Sun, parties to have signed the pledge project, which her department later 2 February 2009, p.1. 16 ‘Student shot in riot at Cope rally’, The earlier on so that breaches of the admitted to have been ‘the most Herald, 23 February 200p, p.2. Code would have been investigated regrettable oversight’.18 The UDM 17 Asanda Nini, ‘IEC orders arrest of dis­ earlier. But in fairness to the IEC, it also charged that the ANC- led order­ly party official’, Eastern Cape Today, 12 March 2009, p.3. took it upon itself to intervene where Mnyandeni Municipal Council in 18 Msimelelo Jwabane, ‘MEC accused of giving election processes were breached, Umtata had abused state funds by state project to the ANC’, Daily Dispatch, even before the official signing of organising a New Year’s Day event 6 February 2009, p.1. 19 Lubabalo Ngcukana,’ Taxpayers cash used the Code. For instance, an alleged ostensibly to promote tourism, but to promote ANC, says UDM’, Daily Dis- ANC member was arrested on the which was allegedly turned into an patch, 9 January 2009, p.4. recommendation of the IEC for ANC rally.19

101 EISA Election update south africa 2009 no 3

FREE STATE

KC Makhetha – University of the Free State

The 2009 election will be the fourth and all interested people at CUT and been sent by the leadership of the democratic election of the Republic reassured them of the commitment ANC in the Free State, confusing the of South Africa and the electorate is the ANC has to service delivery. voters and even putting doubt into showing high levels of enthusiasm. On the same visit, Jacob Zuma their minds. These are presumably Generally, the IEC’s experience is visited an old age home in Hei- voters who are still waiting for a beginning to show in the efficiency dedal, Omega Centre, to listen to clearer, stronger conviction from with which processes are running, the concerns and requests of the political parties and are still will- with the official Results Opera- residents. Campaigning requires ing to give strong political parties tions Centre (known as the ROC) serious preparation, especially in- like the ANC a chance, but they are launched at the Pretoria Show formation about the audience the scared and uncertain. This feeling Grounds on 15 April 2009. Ac- political leaders will be addressing. of trepidation is understandable, as cording to Powell (2000: 159-160), This ensures that the message is well this is a political party that has been democracy implies that citizens directed and does not cause embar- in government for fifteen years and matter. Democratic systems imply rassment. This is pertinent because its record of delivery leaves much to that the preference, wishes and the student newspaper of the Uni- be desired. interests of the people should to versity of the Free State, IRAWA of What needs to be appreciated is some degree prevail. This clearly 10 March stated that Jacob Zuma’s that the ANC has written posters in demonstrates how important the speech was prepared for a different Afrikaans and Sesotho, as these are electorate is and therefore how it audience from the one he was ad- the most popular languages in the needs to be educated and informed dressing. He was condemning the Free State province. The DA has also on its role in elections. It needs to Reitz videotape heavily, as though adopted this strategy. The implica- understand what to expect from the incident happened at CUT. This tion is that political parties are going political parties, as they are possible left the audience astonished for out of their comfort zones in order governments in waiting. a while, until the Free State ANC to reach the electorate. There are fourteen political par- Chairperson, Ace Magashule, stood The Congress of the People ties contesting the upcoming elec- up to whisper into his ear in order to (Cope) candidate for President, tions of 22 April in the Free State. correct him, but it was too late. Bishop Dandala, visited the Uni- These parties had to submit their Incidents like these, are small, versity of the Free State campus candidate lists and pay their fees but have the capacity to be destruc- on 6 March, to meet with students at the IEC and deadlines had to be tive or send the wrong message to and staff in a relaxed environment honoured. Once the political parties the electorate. To some voters it can at the Student Centre. He was have finalised documents required actually say that the party does not walking among crowds of excited by IEC, they are free to focus on take the audience seriously, but are youth, greeting and taking photos their campaigns. simply talking for the sake of cover- with them. ing the broader society. The African Christian Demo- Political campaigning In the Mail & Guardian of 6–12 cratic Party (ACDP) was in Bloem­ Campaigning got into top gear March (p. 2), there was a head- fontein as well, to make known immediately after the date of elec- ing which said ‘no campaigning, the ACDP’s manifesto at a dinner tions was announced and several no votes’ so basically parties are function at Hotel Protea Landmark rallies took place. In the Free State, striving to avoid a situation where Lodge. The Rev. Kenneth Meshoe several parties visited institutions they lose votes because they fail to spoke with a focus on crime and of higher learning, and motivated reach out to the people and fail to cleanliness of the environment in voters to vote in trial runs through campaign in certain areas. general. He complained that people the province, which formed part of As one follows the print media in jail have too many rights as their voter education campaigns. in the Free State, one senses a strong education and medical services are The African National Congress feeling of uneasiness among some for free. According to the Ons Stad (ANC) had a rally in Bloemfontein voters with regard to the ANC, newspaper of 26 February (p.8), at the beginning of March, held at and these voters are pleading for Meshoe would prefer that prisoners the Central University of Technol- the party to show its true colours. earn their livelihood by fixing pot- ogy (CUT). The ANC President, Apparently there are situations holes, among other responsible roles Jacob Zuma, addressed the students where conflicting messages have within society. He warned people 102 EISA Election update south africa 2009 no 3 not to waste their votes by voting a significant body of liberal white phasis on youth to lead the future. for other parties and promised that opinion in the Free State. The DA’s The message on posters is clear, while his party is small, it is a party former parliamentary leader, San- focused and straight to the point. which will produce the country’s dra Botha, is from the Free State Cope’s campaign material has president. He also condemned cor- and is widely regarded as an old been absent from the streets in the ruption. style, but non-patronising liberal, Free State. The material started to be The Freedom Front Plus launched as opposed to the patronising style visible as from 13 March 13, with the its election campaign and manifesto of Helen Zille and Tony Leon, both faces of the presidential candidate, in Bloemfontein on 28 February. of whom, however, seem to have Dr Mvume Dandala, and that of the Attendance was good, especially grown the party from its previously party’s president, Mosiuoa Lekota. among the youth. A strong message small base. Cope, however, appears to have urged members and supporters to The commitment the DA ex- failed to use this opportunity to stand together with FF+ by voting presses as the official opposition boost the appearance and standing so as to be counted; to be strong and party is manifested in its campaign of the youth and women on their to bring about change. Dr Mulder in the Free State. The DA focuses on campaigning material. Knowing focused the issues of crime and the challenging issues such as the envi- how strong the message sent by reinstatement of the Scorpions, and ronmental impact of developments posters is, wrong conclusions can mother-tongue education in schools taking place, in particular, with re- be drawn based on what the elec- and universities. gard to the Bloemfontein Zoo. Roy torate sees. The issue of identity came out Jankielsohn, who represents the DA As campaigning occurs, it should forcefully, as Dr Mulder called upon in the Free State, challenged the de- be clear that there is a Code of Con- the Afrikaners to be strong and to velopments happening around the duct that guides all political parties stand together. He urged them to Zoo and made a plea for the Zoo to and the electorate in general. reorganise themselves and to use be developed further, as part of the resources strategically to make sure heritage of the Free State. Code of conduct that two main issues are catered for This kind of approach to cam- The Free State Province launched – safety and security, and Afrikaans. paigning gives the electorate the ‘Elections 2009’ on 13 March, with According to him, hard work has to impression that a party is hard at the signing of the Code of Conduct be invested in these two areas. work and that political representa- by the Free State political parties. Bloemfontein seems to be the tion does not stop during elections, All the political parties contest- meeting place of many political but is strengthened. ing the election in the Free State parties for different reasons. For the were represented. In attendance FF+, one would say it is the base of Campaign materials of were, inter alia, the Chairperson of the majority of its members. It is also political parties the IEC, Dr Brigalia Bam, accom- the breeding ground for new lead- It is interesting to observe the post- panied by the Commissioner, Ms ers, as the Student Representative ers of the different political parties Thoko Mpumlwana and the Deputy Council of the University of the Free on lampposts and everywhere that Chairperson, Mr Mosotho Moepa. State, for example, is dominated by space can be found. The creativity The Premier of the Free State, Ms the FF+, and of course the Chairper- that went into the designs is con- Beatrice Marshoff, was present, as son of the FF+ comes from the Free spicuous, and this says a lot about well as the various organisations State Province. the focus of each party. For exam- who will observe the elections; It is interesting how political ple, the ANC is definitely pushing the South Africa Human Rights parties target emotions through Jacob Zuma and wants to engrave Commission, the Defence Force their campaigns, which of course his picture on voters’ minds. This is and the South African Police Serv- are critical and basic within a demo- also visible on the vehicles of some ices, House of Traditional Leaders, cratic society. of the members of the ANC. Department of Local Government The Democratic Alliance (DA) The DA is marketing the party as well as the South Africa Local also started with its campaign, being with the faces of women, although Government Association and the vocal on critical issues which need also giving recognition to men. PEOs from other provinces, as well the attention of the ruling party. The The new colours of its logo are as the media. outlook and thinking with the DA bold, vibrant and attractive even From the speakers at the event, seems to have undergone marked to the youth. The DA has chosen a including those from the Safety and change from the past. The Party powerful blue, considered classy in Security Department, the impres- has changed not only its branding, presidential circles. This suggests sion created is that campaigning but appears to be making a genuine that the party is aiming high in these in the Free State has been largely effort to be integrated demographi- elections. peaceful to date; campaigning has cally. However, the party still seems The FF+ is focusing attention on run smoothly, with neither visible to be attracting women, who form Dr Pieter Mulder, and with an em- problems nor problems of political

103 EISA Election update south africa 2009 no 3 violence related specifically to the Electoral Act regarding the recruit- From the presentation made election. ment of IEC staff, especially tempo- by the South Africa Police Service Objections and complaints about rary officials, as well as providing (SAPS) and South African Defence violations of the Code that parties detail of the thorough screening Force (SNDF) headed by Brigadier may wish to make will be accepted process IEC had gone through in Moadira, it was reported that the by the IEC in three categories, as appointing election staff. As with campaign period has been peace- stated in Section 30 of the Electoral questions being raised around IEC ful from the start. Although this Act, Act 73 of 1998: if the candi- staff uses, there is also clarification situation prevails, there are thirteen date is not qualified to stand in an necessary when it comes to state identified voting stations out of election; if there is no prescribed funds. the 1 264 across the province that acceptance of nomination signed can be classified as ‘high risk’ in by the candidate; or if there is no Political violence and the Ngwathe Local Municipality. prescribed undertaking, signed by intimidation These stations will be on high alert the candidate, that the candidate is Conflict Management Committees throughout the election period. bound by the Code. have been set up and training for In terms of safety and security, it Mr Moepa made it very clear members was held on 9 March in was reported that with some finan- to all attending that the Code of the Free State. Clearly, it is a strug- cial support from the IEC, safety and Conduct is binding on all political gle to get women involved even to security have been more effectively parties and candidates of parties serve in structures such as these, but maintained. Police and defence of- contesting the elections. It appears there needs to be more effort made ficers have already been stationed that administration and adminis- in this regard. across the province, with about 10 trative systems within the political Dr Bam also talked about the 800 officers on duty. parties have improved, since all Party Liaison Committees (PLCs), fourteen parties complied with which are created as a platform References regulatory and administrative for political leaders to ensure that Electoral Act, Act 73 of 1998. regulations, submitting the neces- all stakeholders have the same Ons Stad, February 26, 2009. sary documents by the set deadline under­standing of the electoral Mail & Guardian, March 6 -12, 2009. with no further administrative and code with regard to the elections. Powell Jr. GB, 2000. Elections as Instruments regulatory glitches experienced. This platform is also there for of Democracy. Yale University Dr Bam assured parties of the consultation processes and, when SABC Election Update, 12h30, 28/02/2009. Volksblad, March 10, 2009. impartiality of the IEC, and made used optimally, obviates violence them aware of the stipulations in the and conflict.

GAUTENG

Ebrahim Fakir, Ntokozo Ngidi and Sydney Letsholo – EISA

Political campaigning in political campaigning in schools Forms of political the Gauteng Province by the ruling party. This, according campaigning In all, there are 28 parties in this to opposition parties, was a direct For the first time in South African year’s elections – seven more than violation of the Electoral Code of television history, political parties there were in the 2004 elections. Conduct as set out by the Independ- were being allowed to campaign Political campaigning in this year’s ent Electoral Commission (IEC) of for the upcoming elections through general elections was highly col- South Africa. TV advertisements, flighted free on ourful and extremely innovative. The recent natural disaster in the national public broadcaster, the Political rallies and roadside bill- Soweto also provided an opportu- South African Broadcasting Corpo- boards are the most common form nity for parties to canvass. Leaders ration (SABC).1 This has been hailed of campaigning. of the main contesting parties also as a welcome relief, especially by This year, however, campaigning used the public transport issue to those parties whose finances are was done differently if not interest- be ‘closer’ to the masses. not in good standing. Thus far, the ingly. Some forms of campaigning This and more will be the main notable parties that grabbed the were never going to be free from focus of this article on the nature of opportunity are the ruling African controversy. A case in point is the political campaigning in Gauteng. National Congress (ANC), the main

104 EISA Election update south africa 2009 no 3 opposition party, the Democratic Metrorail operates approxi- COPE and then defected again in Alliance (DA), the Congress of the mately 450,000 scheduled trains per late March to re-join the ANC amid People (COPE) and, interestingly, a year in Gauteng (37,700 train trips charges that he was an ANC mole new and relatively unknown party per month).3 If these statistics could in COPE or that he wasn’t promised – the Christian Democratic Alliance attract vendors who make a profit a high position on the COPE list). (CDA). through selling various goods, then Whilst it may have started late, the The ANC was recently criticised surely political parties will also have COPE campaign in terms of visible by opposition parties for campaign- to profit something out of these as- media was innovative and in some ing in schools during school-hours. tounding numbers. It thus came as instances astonishingly breathtak- This, according to opposition par- no surprise when the ANC, through ing, with ultra-large wrap-around ties, was against the stipulations its alliance partner, the Congress of banners around disused (and in of the Electoral Code of Conduct. South African Trade Unions (CO- some cases used) buildings with a When schools re-opened in Janu- SATU), and COPE embarked on 360-degree view of its insignia. It ary 2009, the President of the ANC, political campaigning using trains. also managed to retain three prime Jacob Zuma, visited the Bhukulani COSATU leader Zwelinzima Vavi spots along the Gauteng Province’s Secondary School in Zondi, Soweto. and other members of the ANC main arterial motorway (the M1), The ANC-Youth League also made boarded trains from Naledi in both north and south, with a large campaign visits at various schools Soweto to Johannesburg. Their aim spread signage lit by bright spot in Soweto. After the opposition was to spread the ANC gospel and lights. COPE was thus less visible parties, notably the DA notified hand out fliers. Not to be outdone, in terms of the numbers of posters the Education Department of this commuters greeted COPE presiden- it put up, but was visible through violation, the department was quick tial candidate Mvume Dandala with its innovative use of new media to respond. Spokesman for the edu- a flood of complaints when he took and technology as well as adopting cation minister, Lunga Ngqengelele, his campaign trail on a two-hour an interesting twist on traditional said no party or politician should trip from Tshwane to Joburg.4 This banner and billboard publicity. disrupt schools during school hours proved to be fruitful for these par- and that any and all functions at ties, as they had an opportunity to Political violence and schools should be held after hours.2 listen first-hand to the grievances of intimidation Added to this issue, there were also the electorate. Compared to a province like Kwa- complaints of teachers attending It is also important to focus Zulu-Natal, the Gauteng Province political rallies or meetings during briefly on the usage of lamp-posts has in the past three national elec- schools hours. However, the cred- as a campaigning tool. For one tions not experienced large-scale ibility of this allegation was yet to thing, producing election posters is election-related conflict. However, be tested. quite expensive. However, vandals brief background information will The recent floods in Soweto along Beyers Naudé Drive and in be useful in assessing the political presented the contesting parties Parktown are having field days climate of the Gauteng province. with an opportunity to canvass. defacing the posters. Most, if not In the 1994 elections, areas in what The areas worst hit by the heavy all, parties have fallen victim to later came to be known as Gauteng, rains were Mofolo, Meadowlands, this trend. Parties like the Freedom experienced similar trends of politi- Dube, Dobsonville and Orlando. Front-Plus (FF-P), DA, ANC, COPE, cal conflict and political violence as A day or two after the unfortunate IFP and UDM are all victims of KwaZulu-Natal, although not on incident, parties like the ANC, poster-vandalism. the same scale. Not all of this was COPE and the United Democratic The innovative methods adopt- specifically election-related, though Movement (UDM) were quick to ed in this year’s political campaigns some of it was, especially the inci- visit the affected areas to offer their will potentially increase votes dent in which there was IFP–ANC ‘condolences and moral support’ for some, while for other it could tension since 1994. On 28 March to the families and the community prove the opposite. Parties like 1994, 19 members of the IFP who in general. Politicians visited areas the Azanian People’s Organisation were marching in the streets of Jo- like Mofolo and Meadowlands, both (AZAPO) and the Pan Africanist hannesburg were killed, allegedly in Soweto. President Zuma was Congress (PAC) have not been as by ANC security staff. This incident accompanied by Johannesburg visible in terms of campaigning as happened at what was known as mayor Amos Masondo and Gau- one would have expected. Though it Shell House (now Luthuli House), teng premier Paul Mashatile. The appears as if COPE started late on its the headquarters of the ANC. In this UDM’s president, Bantu Holomisa, poster campaign, in the early stages incident was manifested not only and COPE’s presidential candidate, of campaigning, it was almost invis- the rivalry between the two parties Mvume Dandala, and the party’s ible due to internal organisational but also the deep-rooted political leader, Mosiuoa Lekota, also visited problems (its elections head Mlung- intolerance which existed between the areas. isi Hlongwane left the ANC to join them. Both parties provide vary-

105 EISA Election update south africa 2009 no 3 ing accounts on what triggered the expressed between different parties, • The violent nature of many lo- incident. What remains, however, rather than within different cliques cal protests aimed at local mu- is that the pre-election atmosphere or factions within parties. Political nicipalities. Since 2004, official in the province was rather tense intolerance, violence and conflict statistics put social protests at and something drastic was needed have now become an intra-party 881 protests, of which at least to prevent any future potential phenomenon. Whilst inter-party 50 were violent (Wines, 2005). un­precedented election-related conflict and intolerance remain a A year later the number had conflict. In the subsequent 2004 elec- feature, the historical continuities risen sharply to a total of 5,085 tions, areas like Katlehong, Thokoza of political conflict that were a fea- countrywide (Wines, 2005). and Tembisa in the East Rand (now ture of some liberation movement These trends have important known as Ekurhuleni) were identi- activity before 1994 remains in implications for governance and fied as potential ‘hotspot’ locations. evidence and thus remain a mat- public institutions as well as for In addition to areas in the city that ter of concern. In the immediate the mode in which citizens and housed hostels, long believed to be lead-up to the poll intra-political states engage with each other. It concentrations of IFP support, Jacob party violence was less a feature implies a trend long evident in Zuma, then Deputy President of the of the political landscape, but with South Africa: political partici- African National Congress (ANC), mutual suspicions persisting about pation will not be restricted to was refused access to Jeppe and the presence of COPE sympathis- the episodic vote, or to formal George Goch Hostels, allegedly by ers within the ANC6 and ANC processes of participation and the Inkatha Freedom Party (IFP) sympathisers within COPE, the decision-making either through members, and this may be an issue relative calm within parties in the direct formal participation or for the 2009 election, even though immediate period of campaigning through elected public repre- indications are that no such serious may be fractured. Moreover, after sentatives and other public or and high-profile incidences of no-go the elections, with parties feeling regulatory institutions. Direct zones have thus far been reported. sufficiently emboldened to conduct action, community mobilisation Despite indications of an evolv- purges of individuals suspected of and political action through pro- ing and increasing level of political being sympathetic to the other side test and the resistance to deci- maturity and tolerance in Gauteng, or when parties feel that their ex- sions deemed to be unpopular, there are structures that are in place pectations with respect to electoral remain important modes of po- should election-related conflict performance are not met, individu- litical expression. Thus, trends erupt. These mechanisms have been als suspected of being ‘on the other appear to suggest that political put in place as a matter of course, side’ may be blamed and victimised expression occurs on dual tracks: arising out of the IEC’s Code of for being Trojan horses undermin- political participation through Conduct for political parties and ing parties from within. formal processes as well as due to stipulations in the electoral Measures of South Africa’s suc- political expression through law, the Electoral Commission Act cess and weaknesses at facilitating direct action. The Khutsong and Regulations, Act 51 of 1996 and free, fair and open electoral contests area presented an acute example the Electoral Act and Regulations, cannot solely be judged on the ab- of this: over a period of three Electoral Act 73 of 1998. Moreo- sence of violence and intolerance years there have been intermit- ver, while political violence that is in an election year, when violence tent road blockages, schooling strictly election-related or that can and intolerance remains a feature has disrupted and some local be termed electoral violence has not of the generalised political culture councillors were chased out of occurred across Gauteng on a large between election years. There are the area and their houses burnt. scale, generalised political violence myriad examples of such general- While these incidences relate to that is separable and distinct from ised political violence and intoler- a specific governance decision incidences of specific election- ance, which in 2008 found expres- which if reversed may see an related political violence has been sion in violent attacks on foreign abatement of political violence, difficult to discern, and the nature nationals. Whilst debates about the the incidences are suggestive of of generalised political violence has causes of this violence and intoler- modes of political engagement been noted by the IEC to affect the ance rage on, the fact that it occurred which can turn violent if po- Gauteng Province. To this effect, has sent shock waves through the litical and governance outcomes Dr Brigalia Bam, chairperson of the world. Below are a series of high- desired by local communities do IEC, has noted that ‘KwaZulu-Natal lighted incidents, many localised not materialise. and the Gauteng region still bear the to the Gauteng Province, which are • Successive public sector work- scars of political violence’.5 suggestive of enduring levels of ers’ wage negotiations and A second noticeable trend is that, political intolerance and political public sector workers’ strikes until recently, political conflict and violence, most of which are not re- which have turned violent, in political intolerance has largely been lated to pre-election conditions: which non-unionised workers

106 EISA Election update south africa 2009 no 3

and those unionised workers a compliant with the Gauteng IEC Zuma and taxi associations on 20 belonging to union federations against COPE, whose members, he April 2009 and it seems likely that not organised under the CO- said, he had evidence of destroy- the spectre of derailment of the SATU banner were intimidated ing ANC and other party election elections by the taxi industry may if they did not take part in the posters. Much of this is to be ex- be averted. strikes. Gauteng was one such pected in the rhetorical flourishes region identified as particularly that usually characterise election The use of state problematic,7 with the violent campaigns, and while much of the resources security guards strike of 2007 rhetoric may be without substance, In every election across the African being particularly notable. there are other incidences which continent, the issue of incumbency • More recently, the disruption have detracted from creating con- becomes an issue. This relates to the of meetings of an ANC breaka- ditions for a fair and violence-free weak separation between party and way group in the run-up to the electoral contest. From November state, the conflation of which, it is formation of COPE was evident 2008, accusations have been made charged, gives ruling parties access and widely reported. These by the IFP that its members in Pre- to, and allows them to abuse, the incidences occurred in Orange toria (Tshwane) have been subject to government machinery and state Farm outside Johannesburg, and intimidation by member of the ANC resources for political advantage. in areas close to Soweto. After at the Soutpan sports grounds in One of the various ways this is al- the formation of COPE, mem- which it is charged that ANC mem- legedly done is through the use of bers and leaders of COPE allege bers assaulted IFP supporters and the government machinery to in- that disruptions of meetings defaced and damaged IFP posters. tensify the delivery of government and intimidation of perceived While the IFP laid a compliant with goods and services in order to create COPE members intensified. the South African Police Services and promote the ‘feel-good factor’ For instance, a COPE meeting (SAPS) it went so far as to identify among voters for the incumbent in Kwavuma, in Soshanguve, particular individuals from within government. was allegedly disrupted by the ANC for instigating the violence Secondly it is alleged that ruling men wearing ANC insignia. against IFP members.8 parties openly use the resources of This is apart from the general The mooted inception of the government, essentially public re- accusation made by COPE that Rapid Bus Transfer system (BRT) sources, to campaign and promote obstructionist tactics have been by local councils, with the view to the campaign of the ruling party, used by other political parties, creating efficiencies in the public including the inordinate and exten- most notably the ANC, to hinder transport system, is viewed a live- sive use of the government media, COPE’s election campaign. It is lihood threat by the powerful taxi public or national broadcasters and alleged that the ANC has pres- industry, which mushroomed under the public service in order to fur- sured venue owners and local apartheid to service black commut- ther the fortunes of ruling parties, authorities who control access ers in the absence of provisioning by essentially private organisations to community halls and other the apartheid state. contesting with others for the right such venues used for campaign- Over time, economic and oth- to exercise public power. Thus the ing, to deliberately obstruct the er interests in the taxi industry analogy here is the use of public use of them by COPE. COPE al- entrenched themselves and the means to achieve private ends. In re- leges several incidences in which mooted inception of the BRT was ality, while there may be some merit it had pre-arranged venues, greeted by the taxi industry with in the charge that ruling parties only to find that it was unable suspicion and rejection, with the abuse the power of incumbency, it ultimately to use them, either taxi industry accusing government is very often more difficult in South because permission for them authorities of proceeding with the Africa to trace a direct line of abuse was withdrawn or because they plan without adequate consultation. of public resources. Nevertheless, could not access them. In expressing their dissent with the there have been some egregious adoption of the BRT, taxi drivers incidences in which the (ab)use of While incidences of election violence began their protest on the 29 Janu- public resources for party advan- and political intolerance in Gauteng ary 2009 in Jabulani, Soweto, and tage raises cause for concern. On the have predictably drawn the atten- took to the streets, blockading them 17 April 2008, the Congress of the tion of the public, many of these and bringing traffic to a standstill. People made it public that it would have been at the level of rhetorical Most importantly, however, the taxi lay charges with the IEC, the SAPS accusation and counter-accusation. drivers, and the industry as a whole, and approach the electoral court to For instance, it was reported on threatened to derail the elections adjudicate in a matter in which it the 16 March 2009 that ANC Youth if their demands were not taken charges that the ANC 36 used food League President, Julius Malema, seriously. A meeting was scheduled parcels to buy votes among poor claimed that he intended lodging between the ANC president Jacob communities in several provinces

107 EISA Election update south africa 2009 no 3 including Gauteng, which repre- induce or reward any person … to 5 South Africa Peace Indaba Summit, sented a ‘violation of the Electoral vote or not to vote in any particular 25 November 2008, Durban. Speech delivered by Dr Brigalia N. Bam, Act and a clear indication that the way’. The DA reports having being (Chairperson, Independent Electoral ANC has resorted to illegal activi- approached by several Gauteng res- Commission): ‘Eternal vigilance and 9 ties to gain votes’. Cope was also idents with complaints about claims the value of Peace and Political Toler- considering laying criminal charges being made, and the fact that the ance in advancing Democracy.’ against the head of the SA Social DA has photographic documentary 6 ‘ANC enforces loyalty pledge.’ Rapule Security Agency, which had allowed evidence of department of ‘welfare Tabane, Mail & Guardian, 22 Novem- ANC activists to accompany its of- officials on duty in Lanseria in ANC ber 2008. 7 ‘State threatens tough action.’ Pretoria ficials ‘to distribute food parcels’.10 T-shirts’, which confirms that state News, 8 June 2007. The Democratic Alliance (DA) also officials were openly campaigning 8 ‘IFP condemns intimidation of its reported being flooded with reports for the ANC and demanding wel- members in Gauteng.’ Media state- that welfare officials in Gauteng fare recipients’ support for the ANC ment of the Inkatha Freedom Party, were issuing a newly created ‘pov- in return for welfare grants. 18 November 2008. erty alleviation’ grant to people 9 ‘Cope to lay charges over ANC food who promise to support the ANC. ENDNOTES for votes.’ The Times, 17 April 2009. 1 0 ‘ANC uses food parcels to buy votes.’ The grant, it appears, ‘was created Media statement, COPE, 16 April 1 ‘ANC launches R3m TV campaign.’ specifically for ANC electioneering 2009. The Sowetan, 26 February 2009. purposes with an allocated budget 11 DA Statement. Issued by Janet Semple, 2 ‘Stop visiting schools in election cam- of R500 million which appears to MP, Democratic Alliance spokesper- paigns: DA.’ The Citizen, 15 January son on social development, 9 March constitute the corrupt misuse of 2009. 11 2009. state resources’. 3 http://www.tshwane.gov.za/docu- The Electoral Code of Conduct ments: Appendix A: Literature Study. which all political parties commit- 4 http://www.iol.co.za: Dandala gets ted to stipulates that ‘no person may COPE campaign on track.

KWAZULU-NATAL

Shauna Mottiar – ACCORD (writing in personal capacity)

Value of elections to loses a subsequent election and if the quality of democracy or the consolidation of those election winners then turn democratic deepening include the democracy in South power over to winners of a later behaviour of citizens and institutions Africa election (Huntington, 1991: 267). In between elections – even during Free and fair elections are a democracy such as South Africa’s, times of severe political or economic often regarded as indicative of however, testing democratic difficulties citizens of a consolidated consoli­dating democracy in its con­soli­dation in the absence of democracy would take the view that most institutional sense. Indeed, alternation of parties in government change can only emerge from within transitions to democracy through is rather more difficult. Critics of the parameters of the democratic elections seal the advent of the ‘electoral democracies’ have also state (Linz, Stepan, 1996). This is of franchise and the right to organise argued that in many of the world’s course more likely when citizens interests within political parties. In new democracies competitive have already experienced progress the light of the fragilities occurring elections have not ensured liberty, towards the ‘structural correlates in young democracies, however, an responsiveness and the rule of of democratic endurance’ – that initial democratic election cannot law (Diamond, 1996: 3). Tests for is, economic prosperity and social be seen as proof of democratic consolidation therefore have to equality (Adam Przeworski in consolidation. For this reason a move beyond the institutional to the Lodge, 1991: 2). harsher test for consolidation with more substantive, and in relation Tests for democratic consoli- regard to elections has prevailed. to the conduct of elections and the dation through elections should This is known as the two turnover political processes surrounding ideally focus beyond adherence to test, where a democracy is deemed them (Lodge, 1999: 1). Other more procedure (which is nonetheless consolidated when the party that substantive elements of democracy of great importance) and include takes power in the initial election which could examined to determine attitudes to elections among both

108 EISA Election update south africa 2009 no 3 citizens and political activists; the Likewise, voters may support the included holding rallies in IFP quality of political culture and the Inkatha Freedom Party (IFP) regard- heartlands such as Ukahahlamba nature of political parties. A recent less of a lack of rural development and Amajuba, where the party Human Science Research Council because the IFP represents a tradi- claims to have made ‘significant (HSRC) survey commissioned by tion they revere (Friedman, 2004). inroads’ (Mail & Guardian, 12 Feb- the Independent Electoral Commis- The nature of political parties in ruary 2009). Campaigning in IFP sion (IEC) to assess voter trends in South Africa has been characterised strongholds has proved contentious South Africa showed that 79 per cent by a dominant ruling party on the for the ANC, with the Pietermaritz- of the sample population was inter- one hand and many weak opposi- burg High Court enforcing an order ested in the national and provincial tion parties on the other, which prohibiting the IFP from holding an elections. Seventy five per cent although offering alternatives, do election rally within five km of an voted because they believed their not offer representation. Party splits ANC rally at the Enselini Stadium vote made a difference, while 81 per have also been a feature of the po- in Richards Bay on 22 February. cent believed it was their duty to litical landscape at local as well as The order was an attempt to avoid vote. This implies that the electoral national and provincial levels. In a repeat of clashes that had taken process is becoming entrenched as KwaZulu-Natal for example, the place between ANC and IFP sup- a democratic institution. Seventy IFP splinter party National Demo- porters a few weeks earlier during two per cent of the sample claimed cratic Convention (Nadeco) claim- rallies in another IFP stronghold, to have been satisfied with the IEC ing to represent the younger, fresher Nongoma. Despite the order, how- performance during the last election IFP is a case in point – it failed, ever, the IFP held its own rally less while only 6 per cent claimed to however, to gain enough momen- than a kilometre away on the same dissatisfied. This suggests that there tum and was affected by in-house day. This triggered a heavy security is a sense of legitimacy regarding strife. The current split in the ruling presence and comments from the elections in South Africa – indeed party at national level resulting in ANC that it was disappointed with the 2004 election was deemed ‘the the formation of the Congress of the IFP for defying the court order best administered and the freest the People (Cope) is now a subject and with the police for failing to and fairest to date’ by the Electoral of speculation in terms of whether impose the order. The IFP argued Institute of Southern Africa. Despite the ANC finally has significant elec- that its rally was actually held in this, however, an Afrobarometer toral opposition that can address, a traditional area with permission South Africa survey conducted in among other things, the backlog from the traditional authority and 2008 found that a significant pro- in service delivery. In relation to that it did not therefore defy the portion of South Africans feel their KwaZulu-Natal in particular, Cope court order (Khumalo, 2009). The ballot may not be secret. Surveys may represent (as it does on national IFP has been actively campaigning may also prove useful in beginning terms) an alternative, but with the in the province – holding rallies to understand the quality of political new ANC leadership in the form and attempting to popularise its culture in South Africa. The HSRC of Jacob Zuma, Zulu traditionalist manifesto through door-to-door survey found that although 68 per supporters of the IFP may be further campaigns which include high cent of the sample voted to get inclined to support the ANC in this ranking party leaders. The IFP’s quality health, education and other election. aim is to win back the province basic services, 41 per cent of those from the ANC and it is attempting interviewed would give the party Election campaigning in to do this by capturing the youth of their choice another chance in the KwaZulu-Natal and urban voters. Cope has also next election should it fail to meet It has been predicted that this year’s begun to campaign actively in the expectations in this election. This election will be keenly contested, province – it has set up a number suggests that rather than making with parties actively campaigning of local branches and made contact decisions according to informed through mass meetings and door-to- with provincial amakhosi, as well choice, voters may still be making door campaigns. The ANC has set as holding meetings and planned decisions based on identity. In effect, its target at gathering some 60 per campaign blitzes. The Democratic therefore, voter preferences may be cent of the vote in KwaZulu-Natal. Alliance (DA), following its good shaped by considerations other than The ANC campaign can be seen on standing in urban areas of Durban an instrumental choice between billboards throughout cities, towns and Pietermaritzburg, is looking competing solutions to economic and townships of the province as to extend its support base in rural and social solutions. Examples of well as on taxis. Aside from urban areas. The Minority Front (MF) is this are that many black voters areas the party has targeted various campaigning in an attempt to at- will support the African National rural areas for rallies and door-to- tract black voters, and claims to be Congress (ANC) even if they are un- door campaigns with high-powered confident of capturing the Indian employed, as they believe the ANC delegations (Makhaye, 2009). ANC vote. MF leadership has stated that expresses their dignity and freedom. campaigning in the province has while other political parties were

109 EISA Election update south africa 2009 no 3 jostling for the Indian vote the MF is has also led to concerns that some election to ensure that they do not embarking on a campaign to town- taxi drivers are involved in a plot call a public meeting or march, dem- ships such as KwaMashu, Inanda, to stir up controversy. There have onstration or rally at the same time Umlazi and Malangeni (Oliphant, also been concerns about possible and place as that called by another 2009 b). hotspots for violence in the Durban party contesting the election (sec hostels of KwaMashu and Jacobs, 5). The Code of Conduct therefore Political violence and which might be sites of illegal weap- exists to regulate the process of elec- intimidation in KwaZulu- ons (Dziva information). tions and to bring it into line with Natal Concerns over election-related democratic processes. KwaZulu-Natal has a distinct his- violence have led to the signing Campaigning in KwaZulu-Natal tory of election-related violence and of a Code of Conduct by political has so far seen various breaches of intimidation. A study conducted in parties contesting the province, in the Code of Conduct. Threatening 1994 found that rural dwellers in Durban on 3 March. Parties took the language exchanged between ANC the province were terrified of what opportunity, however, to carry out and IFP supporters regarding ANC might happen to them should the campaign-related mudslinging. The campaigning in traditional IFP IFP lose the election in the province. ANC chairman accused the IFP of strongholds is one such example. They also did not believe that they denying his party the right to hold Another is the IFP defying rally were voting secretly (Schlemmer rallies in areas around Ulundi, Non- limitations bans and holding meet- and Hirschfield, 1994). goma, Macambini and Estcourt. IFP ings in close proximity to ANC Political violence in KwaZulu- national chairwoman responded to meetings at the same place and time, Natal has claimed the lives of as the ANC’s call for cooperation by effectively increasing the chances of many as 20,000 people since 1994. saying that the IFP has been advo- outbursts of election related conflict More than half of these deaths oc- cating a multi-pronged approach to and violence. The cash of rallies curred after 1990 (after the unban- democracy since the 1980s. Cope has also seen the IEC embroiled ning of liberation organisations). took the opportunity to brand the in accusations by the ANC who The period immediately before the ANC an ‘organised criminal gang claimed that it (the IEC) suggested 1994 elections saw the death of 1,000 in government’, claiming that its po- that the ANC had provoked the IFP people and between 1994 and 2000 litical gatherings in Inanda, Verulam by holding a rally in Nongoma in a further 2,000 people were killed and Howick had been disrupted by early February (Mercury 5 February (Taylor, 2002). That the violence the ANC (Oliphant, 2009a). 2009). The IEC denied this, however, was politically motivated is not stating that it does not interfere with in dispute. The marked decline in Code of Conduct or give any instructions to political violence in the run-up to the 1999 The Electoral Code of Conduct parties in South Africa on where and 2004 elections, coinciding with contains a number of provisions to they should or should not campaign the IFP’s loss of support in the prov- ensure that elections are free and (Sowetan 4 February 2009). ince, has been explained as being a that political party campaigning is feature of a maturing democracy fair. Among them is the provision State resources that has less need to resort to violent that democratic political activity State resources allocated during means (see Mottiar, 2004). be tolerated by all and that free elections aside from the running Despite the general consensus political campaigning and open of elections, include funding to that violence in the province has public debate be guaranteed (sec 1). political parties which is allocated declined dramatically, there still This is made possible by distribut- according to the Public Funding of remains cause for concern. During ing campaign materials, billboards Represented Political Parties Act. the 2004 elections it was reported and posters and also by having the Political parties are entitled to state that violence in KwaZulu-Natal right to recruit supporters and hold funding for any year that it is rep- still remained in the form of attacks public meetings. resented in either the national and/ and assassinations aimed to create The Code also allows parties to or a provincial legislature. a climate of fear and compliance freely express their political beliefs Parties’ allocations may be used (Piper, 2004). Reports of violence in and opinions and to challenge and to further the party’s functioning the current run-up to elections have debate the political beliefs of oth- through the development of the included ANCYL members stating ers (sec 4 a). The Code specifically political will of the people, through their intention to campaign in IFP prohibits campaigning parties from bringing the parties influence to strongholds. According to reports using language that could provoke bear on the shaping of public opin- ANC youth leaguers employed an violence during an election or ion, furthering public education, insulting manner and tone and IFP intimidating candidates, voters or promoting citizen participation in members responded stating that supporters (sec 9). It also states that political life, exercising influence if provoked, they would respond parties and candidates should liaise on political trends and developing (Daily News 12 February 2009). This with other parties contesting the the interface between citizens and

110 EISA Election update south africa 2009 no 3 the public administration. Parties move, legal advice sought was that sity of Oklahoma Press, Oklahoma. Kgosana, C, ‘Parties dodgy funding deal’, Sunday are entitled to funding allocations provincial funding of parties did Tribune, 15 March 2009. proportional to their share of seats not go against the Constitution. Khumalo, S, ‘Tensions as IFP ignores rally ban’, in the national or provincial legis- She added, however, that there is Mercury, 23 February 2009. latures. The ANC spends most on a clear legal opinion that says it Linz, J J, Stepan, A, ‘Toward consolidated democracies’, Journal of Democracy, April election campaigns (remembering does. Twenty per cent of the money 1996. that parties are entitled to receive set aside for funding of parties (R4 Lodge, T, 1999, Consolidating democracy: South Af- private funding to supplement million) would be divided equally rica’s second popular election, Wit­watersrand state funding) – the estimate being among the six parties represented in University Press, Johannesburg. Mail & Guardian, 12 February 2009. R120 million, while the DA spends the legislature with the rest allocated Makhaye, C, ‘Knock around the clock’, Sunday around half of that figure, with the on a proportional representation Tribune, 1 February 2009. rest managing on R5 million (Cal- model used by the IEC, according Mercury 5 February 2009. land, 2009). to the number of seats held. The Mercury 4 March 2009. Mottiar, S, 2004, ‘The turnover of power in A recent report has claimed that legislature has also increased KwaZulu-Natal: a growing commitment provinces are spending millions annual constituency allowances per to and engagement with the democratic of rands to fund political parties member from just under R200,000 to process’, Journal of African Elections, vol 3, despite a warning from the Treasury R480,000 (Kgosana, 2009.) no 2. Oliphant, N, ‘Parties pledge peace amongst ver- and Justice Department that this is bal attacks’, Mercury 4 March 2009 (a). unconstitutional. Seven provincial References –––– ‘Rajbansi targets the black vote’, Mercury legislatures have passed laws Afrobarometer – www.afrobarometer.org 6 March 2009 (b). enabling them to fund political Calland, R, ‘Could COPE be the sea change?’, Piper, L, 2004, ‘Politics by other means: the prac- tise and discourse of violence in KwaZulu- parties from the provincial kitty, Mail & Guardian, 13 March 2009. Diamond, L, 1996, ‘Development, democracy Natal’, Election Update, no 4, EISA. even though the funding of political and civil society’, Working Paper, Madrid Public Funding of Represented Political Parties parties can only be enacted through Institute. Act 103 of 1997. national legislation. KwaZulu- Daily News, 12 February 2009. Schlemmer, L, Hirschfield, I, 1994, ‘Founding democracy and the new South African Natal has passed such a law, EISA website www.eisa.org.za Electoral Code of Conduct Schedule 2, Elec- order’, Human Sciences Research Council, allocating R20 million to fund toral Act no 73 of 1999. Pretoria. political parties represented in the Friedman, S, ‘Why we vote: the issue of identity’, Sowetan 4 February 2009. provincial legislature. The chair Election Synopsis, vol 1, no 2, 2004, Centre Taylor, R, 2002, ‘Justice denied: political violence in KwaZulu-Natal after 1994’, Violence and of the KZN provincial legislature for Policy Studies. Human Sciences Research Council 2008, Voter Transition 6. finance portfolio committee said Participation Survey, 4 February 2009. that while concerns had been raised Huntington, S, P, 1991, The third wave: democra- (The author is grateful to Douglas Dziva of the over the constitutionality of this tisation in the late twentieth century, Univer- KwaZulu-Natal Democracy and Elections Forum for his help.)

LIMPOPO

Lesiba Teffo – University of Limpopo

The value of periodic The introduction of a democratic to embark on political education elections system was therefore a welcome so that people will appreciate its Political governance thrives when development. value. The mere fact that people there is periodic change of gov- Broadly defined, democracy is assume office based on the will of ernments, guided by certain rules a government of the people, by the the people, and that it is the same and procedures. In the past, feudal people, and for the people. Democ- people who can recall office-bearers systems and kingdoms were based, racy provides equal opportunities if they do not accomplish their inter alia, on primogeniture. That for all to achieve the highest po- mandate, is what makes periodic is, consanguinity determined one’s litical office. It does not make room elections exciting and valuable. right to rule or to be ruled. Aris- for divine providence or primo- The office-bearers become the tocracy and not meritocracy was geniture. In multicultural societies servants of the people with stated the key determinant on matters of and societies where the culture of programmes of action (manifestos) leadership. This system inevitably competing for office based on merit and time-frames. To sustain this led to tensions and bloody conflicts. is not yet entrenched, it is important system the constitution should be

111 EISA Election update south africa 2009 no 3 treated as supreme and the rule of Grobler, Church … were removed are not misused. However, evidence law should be a defining trait of and posters of other parties were abounds to prove that the contrary each government. It is accordingly put up where our posters were’, is the case. The battle for control important that South Africa should ‘said Mr M Malebana. He went on of the SABC through its board is continue to nurture the deepening to say ‘this is not in keeping with an immediate case in point. In the of democracy by regularly hold- the spirit of free and fair elections. past two years the ruling party has ing elections and at the same time Parties supporting a free and fair been trying very hard to replace promoting voter education so that democracy should not allow their one board with another in order people can appreciate the value of followers to go to this extent’. to ensure that it can ‘dictate’ how this system and the significance of it should act. The recently passed casting their votes. Code of conduct Act is making it less complicated The previous elections were The purpose of the electoral Code of for the board to be removed. In this credible, free and fair. This is the Conduct (section 99) is to promote regard there is fear that what peo- litmus test. It is of no consequence conditions that are conducive to free ple fought against under apartheid to hold elections when results are and fair elections, including: is likely to be repeated by the new pre-determined. The conditions for regime. Is it indeed a case of ‘the participation should be sufficiently • tolerance of democratic politi- more things change the more they conducive for any party that enjoys cal activity remain the same’? There is also the popular appeal and support to win. • free and fair political cam- folly of not distinguishing between This in turn would engender confi- paigning and open public party and state. dence in the system, even among debate. Jackie Selebi, then National Com- the outvoted parties. The seeds of missioner of Police, once named political tolerance are sown when So far there are 18 registered parties a police station in Giyani after a people are convinced that the game in the province and they have certain Mr MW Makhubela, who was free and fair, the playing fields signed the pledge committing to had done a sterling job as station were level, and no party enjoyed an the electoral Code of Conduct. commander to deserve the honour. unfair advantage. A historical perspective would For years there was no problem with confirm that the province is not this name. People embraced it and Political campaigning known for political violence post were proud that one of them could Political campaigns are the hall- the 1994 elections. be elevated to such an extent. He marks of a democracy. This follows An analysis of the previous became a hero and a role model, from the rights enshrined in the con- results indicates that the ANC especially among his youthful col- stitution that there will be freedom always enjoyed an unassailable leagues. The problem, though, arose of expression, assembly, association, lead. This tended to render the after the ANC split. Mr Makhubela among many other rights. However, province an ANC home base, aligned himself with the breakaway it should be abundantly clear that assuring it of victory at all costs faction, Cope. This was a bitter pill for each right there is a duty, and and at all times. Contesting parties to swallow for some ANC cadres that there are no unfettered rights. seemed to have succumbed to who thought he did not earn the Rights are exercised within a cer- this fact and sought only to grab honour on merit, but because he tain context with clearly defined the crumbs left on the table of the was supposedly an ANC deployee. procedures. victor. Another factor that renders This has created serious tension in There is already evidence in politics relatively one-sided and the community and at the police some provinces that the IEC and stale in the province is the ethnic or station, to the extent that urgent some political parties should con- tribal affiliations that are dominant intervention is required. sider interventions. In fact my own when it comes to party support. Finally, there are accusations opinion is that mechanisms for con- Lastly, there are personality cults. and counter-accusations that some flict resolution should kick in before These three factors combined create members and sympathisers of the violence flares up. Prevention is enclaves for each constituency and ruling party and the breakaway better than cure. I would like to cite make contesting elections less robust faction are using state resources to two examples to amplify this point. and exciting, since voting patterns advance party interests. Mention In weekly news (African Face, 05-15 are almost predetermined. is often made of state vehicles, sta- March 2009, p. 4) it was reported tionery, personnel, and municipal that the leadership of the ANC’s Use of state resources facilities being used during political Capricorn Region had expressed The use of state resources to ad- campaigns and imbizos. This con- their dismay and concern at the vance the interests of any political tradicts the spirit of fair play, and removal of the party’s election post- party should be prohibited. There may usher in a culture that the state ers in Polokwane. ‘We noted that are regulations and legislation in and society may not wish to contend posters in Nelson Mandela Drive, place to ensure that state resources with in the future.

112 EISA Election update south africa 2009 no 3

Political violence and ties, for which prior permission was when he left the government just intimidation sought and given, can be used, then a few months ago, while Blade As a fledgling democracy South the authoritities should be worried. Nzimande – the SACP Chief – left Africa should be vigilant against We should all be worried when lec- government in 1998, but still has any tendency that would militate turers censor themselves when they bodyguards paid for by the state’. against building a sound foundation teach for fear of offending party He went on to say that there would for a flourishing non-sexist, non- loyalists. We should all be worried not be free and fair elections as long racist and democratic society. when signs of fascism are beginning as the ANC was still intimidating its Violence can manifest itself in to show so early in our democracy. political opponents while denying various forms, namely physical, It was reported in some newspapers them venues in the municipalities verbal, and psychological. There that the leadership of Cope was and institutions it controls, such is relative evidence of this in the barred from using facilities they as Tzaneen and the University of province. These tensions are largely asked for at the Universities of Limpopo. between supporters of the ANC and Venda and Limpopo respectively. There have been some hotspots supporters of Cope. When student Former Premier of Limpopo, Mr identified in Limpopo Province, formations on campuses bar other Sello Moloto, lamenting the abuse such as the Moutse area, Ga-Mole- political parties from campaigning of state resources, is quoted in kane, and Ga-Sekhukhune, where freely, when students of other politi- City Press (8 March 2009, p. 4), as land claims have assumed political cal parties cannot wear their T-shirts follows: ‘I do not understand why overtones. Communities are di- openly, when the police have to some people were making a noise vided and violence has flared up on intervene so that university facili- about Lekota having a bodyguard numerous occasions.

WESTERN CAPE

John Akokpari – University of Cape Town

All 22 parties are contesting the province, the Code of Conduct for this year’s political campaigning to provincial elections, with the big- political parties, the use of state new heights of intensity. Aggressive ger and more established parties resources and incidents of political political campaigning is underway (the ANC, DA, ID and Cope) all violence and intimidation. in the Western Cape, where the campaigning aggressively across ANC, despite its overwhelming the province. Because of the nature Political campaigning dominance at the national level, has of party funding and media access, Political campaigning is an essen­ never won an outright majority. the smaller parties in the province tial ingredient of party politics. The announcement of the pre- have received little attention since Campaigning generates the mier candidates by the ANC, ID, registering with the IEC. Lampposts enthusiasm that is necessary to DA and Cope has heated up the in Cape Town and surrounds are stimulate and sustain the interest election campaigning, with candi- dominated by posters of the ANC, of the electorate in the electoral dates trading slurs and trying to ID and DA. The advertisements of process. Campaigning in a multi- gain political leverage from each smaller parties seem quite region- party system is the activity that other’s mistakes. The ID and DA specific. Cope has been criticised distinguishes it from a one-party announced that their party leaders, for its lack of aggressive advertising. system, where political enthusiasm Patricia de Lille and Helen Zille According to projections made by is either minimal or non-existent. respectively, will be running as the marketing research company, The multi-party democracy adopted candidates for premiership. Markinor, Cope is likely to garner by South Africa since 1994 has The choice of putting party only 8 per cent of the vote because created an atmosphere of political leaders forward as candidates of its lack of visibility. competition, but the 2009 elections underscores the huge importance This update focuses on the are bringing in an added source of of the province for these parties. campaign strategies of the four enthusiasm. The fact that for the The DA wants to use a win in the dominant political parties operat- first time the ANC is challenged Western Cape to illustrate its ability ing in the province – the ANC, ID, by a black-dominated political to govern, and thereby strengthen DA and Cope. It also touches on party whose members are drawn its chances of winning the national the campaign environment in the mostly from the ANC has elevated elections in 2014. Patricia de Lille,

113 EISA Election update south africa 2009 no 3 whose ID party has strong grass- door-to-door campaigns. However, this could undermine any efforts roots support, is targeting the social a disconcerting feature has been toward future coalition-building breakdown in communities and the the heated exchanges between the between the DA and Cope, which slow delivery and lack of housing premier candidates. The trading currently looks certain to be the case and other service provision in the of insults between Helen Zille in the broader attempt to prevent province. and Alan Boesak in particular, the ANC from governing in the The newly-formed Cope faced has added a fierce dimension to province. On the other hand, it is no some problems with its candidate the electioneering campaign. At a secret that there are no permanent selection process when its first Cope rally in Paarl attended by friends or foes in politics, only choice, University of Stellenbosch over 1,000 people, Boesak asserted permanent interests, and the mere Rector, Professor Russell Botman, that the DA had made little differ- possibility of an ANC government declined his nomination. The party ence in people’s lives since taking in the province could be sufficient eventually settled on former cleric control of the City of Cape Town to galvanise the DA and Cope into and UDF activist, Alan Boesak. This in 2006. The response from Zille an alliance, notwithstanding the choice was met with much contro- was swift and spontaneous – she current exchanges between Boesak versy, as Boesak was convicted in charged that Boesak was resorting and Zille. 1999 of appropriating donor funds to the propagation of falsehoods allocated to helping a children’s and negative campaigning because Code of conduct charity. Some argue that the choice he had run out of ideas. Boesak, Sixteen parties in the Western Cape of Boesak as Cope’s premiership Zille argued, was trying to divert signed the Electoral Code of Conduct candidate sharply contradicts the attention from the serious divisions on 6 March in Cape Town. Western party’s anti-corruption stance and his candidacy had caused within the Cape chief electoral officer, Courtney its drive to uphold high moral ranks of Cope. Zille warned further Sampson, urged parties to leave a values. that having Boesak in charge of the ‘footprint of decency and dignity’ However, the leadership of Western Cape government budget in their campaigning. He also asked Cope has stood firmly by its deci- was like putting a fox in charge of parties to campaign with integrity sion. In fact, Mbhazima Shilowa, the henhouse, since he had shown and dignity and not to behave in a the first deputy ofC ope, described that he could not be trusted with manner that would be damaging to Boesak as ‘a brother, leader, friend public funds. Calling him an ANC the national identity and national and a colleague’. Shilowa asserted reject, she argued that Boesak joined agenda. He urged politicians to use further that Boesak ‘is somebody Cope only after the ANC refused their campaigns to demonstrate re- who we, in the Congress of the to give him an ambassadorship.1 spect for each other and to create an People, believe in’. For his part, Boe- Urged by his party, Boesak intends environment that is conducive to free sak has pledged to tackle housing, to sue Zille for her comments. Cope and fair polls. The signing ceremony education, drugs, tuberculosis and leaders have argued that despite was attended by representatives HIV/Aids as his top priorities and his conviction they are certain that of all the major parties, except the intends to run the Cope campaign Boesak did not use stolen funds for Independent Democrats. Parties con- on the principles of dignity, decency his personal benefit. They’ve also testing the national elections met in and honour. argued that Zille is using personal Johannesburg on 11 March to sign a The ANC is taking longer than mudslinging to divert attention Code of Conduct, which committed other major parties to announce its from real issues affecting the lives them to adhering to codes of good candidate for the premiership of the of people in the province. behaviour and on this occasion the Western Cape. Mcebisi Skwatsha, These heated exchanges between Independent Democrats signed the the party’s provincial secretary, Helen Zille and Alan Boesak could Code. The Code prohibits violence, is top of the provincial candidate have damaging short- and long- defamation, intimidation and any list. However, Skwatsha and his term consequences. In the short acts that violate the electoral act. Africanist supporters in the West- term these exchanges could escalate Parties contravening the Code could ern Cape have been widely blamed tensions between party supporters face ‘serious legal action’, including for increasing tensions within the and potentially undermine the being barred from contesting the party in the province. The national peace and tranquillity in the run- election and suffering a deduction leadership has to put him up as the up to the 22 April elections. The of votes. What is left to be seen in premier candidate. Incidentally, the IEC Code of Conduct is a pledge the remaining few days before the ANC eventually nominated the cur- which all parties contesting the election is just how the rank and file rent premier, Lynne Brown, who is election have signed, committing of the parties assimilate this Code viewed as a unifying force. themselves to the conduct of dig­ and abide by it in practice. Political activities in the prov- nified campaigning. In the long run, ince have been characterised by if these insults worsen and develop Use of state resources rallies, public meetings, debates and into animosity between the parties, One of the most contested aspects

114 EISA Election update south africa 2009 no 3 of the electoral law is the access to with criticism. Mokonyane still 2009. In other parts of the country, state resources by different political receives remuneration as an MEC particularly KwaZulu-Natal, the parties in their campaigning. The in the Gauteng Province, although ANC has been accused of fuelling UDM and AZAPO have already she has been absent from her office political tensions. This follows the complained about the lack of cov- in Johannesburg for a number of party holding rallies close to major erage given by the SABC to smaller months. Critics of the ANC see this events of other political parties. The parties. They argue that, as the as an abuse of state resources. Western Cape has not been subject public broadcaster is funded with Generally, parties in power tend to the kind of violence seen in other public funds, the SABC should give to enjoy the advantage of incum­ provinces thus far but there have equal and fair coverage to all politi- bency during political campaign been some concerning incidents, cal parties, irrespective of their size periods. While this raises serious particularly on the Cape flats. or popularity. Disaffection with the questions of fairness, it is also a On 8 March, for example, 28 SABC’s ‘unfair’ coverage of politi- trend across Africa. Yet it is more ANC supporters were arrested in cal parties was reflected in AZAPO problematic in South Africa, where Khayelitsha for attacking Cope supporters storming off the stage it is difficult to separate the party members and causing damage during a televised debate in the from the state, and where major to property. Following a meeting Eastern Cape. government programmes are deter­ called by the police to discuss the Parties also get funding from the mined by the party. In South Africa incident to defuse tensions between parliamentary election allowance. the ruling party runs the state. the two groups of supporters, a According to the Electoral Act all Consequently, it has been possible Cope member was stabbed, al- parties with seats in parliament for officials on state errands to legedly by an ANC supporter. An are eligible for money to fund their undertake party activities. The attempted murder case has been campaigns. These funds are distrib- ANC is thus certain to enjoy opened with the police. One of the uted according to the proportion of the advantages of incumbency Cope supporters affected by the seats held in parliament. With close over it rival parties in terms of incident is head of the community to 70 per cent of seats in parliament, advertising, publicity and the use anti-crime patrol in the area and the ANC inevitably gets the lion’s of state resources, including funds, Cope leaders say he was accused share of this money. Cope does not personnel and vehicles. by the attackers of using the patrol receive this state funding, as it has to canvass support for Cope. The no seats in the current parliament. Political violence and leadership of both Cope and the Many provincial government intimidation ANC give different accounts of the departments have spent large sums The IEC has released various state- incident and police are investigat- of money on advertisements in the ments urging parties to campaign ing. The ANC provincial secretary province’s daily newspapers stat- peacefully and to respect citizens’ asserted his party’s commitment ing their successes over the last five rights to freedom of association, to peaceful campaigning, saying: years. Full-page adverts in newspa- expression and assembly. This fol- ‘The ANC does not support politi- pers can cost as much as R200,000 lows incidents of violence at rallies cal violence. We believe in peaceful each. Critics have argued that, as it and other political meetings across political activity.’ has been the party in government the country, especially in KwaZulu- The IEC has had to intervene since 1994, these adverts amount Natal. The IEC has condemned to defuse tensions. According to to advertising for the ANC. In other political violence and intolerance. It Courtney Sampson, the IEC takes words, there are concerns that state is working closely with the police to these charges seriously because resources are being used to finance ensure an environment conducive these incidents can cause damage ANC adverts. to peaceful campaigning and free both to the election campaign and Another criticism has been and fair elections. after the elections.2 the deployment of ministers and The Western Cape is viewed other government officials who as one of the provinces at risk of campaign for the ANC whilst still political violence in the run-up to ENDNOTES the elections because of tensions on state salaries. In particular, the 1 Lynnette Johns. ‘Boesak interested in deployment of Gauteng MEC for between supporters of the ANC making himself richer’, Cape Argus, 9 Housing, Nomvula Mokonyane, to and Cope. The stakes are high in March 2009. help strengthen branch structures the Western Cape: no party has 2 Aziz Hartley. ‘Handcuffs for 28 after and to assist with campaigning in ever won an outright majority and attacks on Cope fans’, Cape Times, 11 the Western Cape has been met this pattern is certain to emerge in March 2009.

115 EISA Election update south africa 2009 no 4

ELECTION UPDATE 2009 4 Number 4, 14 april 2009

Eastern Cape

Thabisi Hoeane – Rhodes University

This review focuses on polling In analysing to what extent the stations, secrecy of the ballot and the polling stations will be able to man- contents voting process in general. That is, it age the number of voters that will is an exposition of the preparations turn up on election day, it appears EAStern cape 116 that have been made regarding vot- that that the stations are sufficient ing stations, how the secrecy of the and will be able to cope by avoid- FrEe state 118 ballot is to be assured and a general ing problems such as long queues. Gauteng 120 explanation and consideration of As there are 3,055,655 registered the voting process itself. voters in the province and utilising Kwazulu-natal 122 the projected turnout of voter on 5 Polling stations elections day of 81 per cent this limpopo 125 This section presents the infrastruc- means that on average, each station tural picture of voting stations in the will process 552 voters. This would WEStern cape 128 province, mainly their number. It appear to be a reasonable number of then adopts an analytical dimension voters to process as this means that by comparing the situation with during the 14 hours (07h00 to 21h00) the last election of 2004 to gauge when the voting takes place, 39 vot- whether the voting stations will be ers will be processed each hour, per able to cope in assisting the delivery voting station. of a successful election. The province has designated Secrecy of the Ballot 4,480 voting stations to be utilised The privacy of a voter’s choice in during voting day on the 22 of April an election is one of the cardinal located in both urban and rural principles of a free and fair election. areas.1 These are divided into two That is, voters should be assured categories – mobile and fixed2 – with that their vote is given freely and mobile stations numbering 162 (3.6 are under no compulsion to vote per cent of the total) and fixed sta- in any particular way for a party tions 4,318 (96.4 per cent).3 In the under duress or undue influence. last national and provincial elec- This can be determined from the tions of 2004, there were 4,116 poll- kind of mechanism that is in place ing stations,4 so there has been an by noting the IEC procedures for increase of 16, which in percentage the day.6 According to these pro- terms translates into 1.6 per cent. cedures, each voter, after being This increase is important to note, handed two ballot papers – one for as the number of registered voters the national and another for the has increased from 2,849,486 in 2004 provincial candidates, they move to 3,055,655 for this election – hence into a secluded carrel – entering it the imperative to accommodate the alone – where they mark their bal- increase. lots before proceeding to cast their

116 EISA Election update south africa 2009 no 4 votes in the ballot boxes. That is, if have not already voted, they are on election day and appendices of these measures are adhered to at then issued with the ballot paper, forms that they should familiarise each polling station, indeed voters proceed to secluded carrels to make themselves with and fill up, for will be assured of the fact that their their choice and move out finally example, if there are objections ballot is secret and nobody is privy to cast their ballot into the box concerning voting, inaccuracies in to it. They will be able to make their provided and leave the station. counting, sworn statement by voters choice without anybody influencing At all these stages, voters are who are not on the voters roll etc. them or putting them under any guided by the polling booth staff This diary is basically a checklist sort of pressure to make a particular under the close inspection of moni- of what election officials should choice. toring and observers as well as practically be doing before, during This process is also assisted by party agents to ensure that voting and after the election. the presence of party agents and ob- goes smoothly. In preparation to servers and monitors at the polling make the process a success, the IEC Conclusion stations to ascertain that no flouting also has received funding from the From the above account, it appears of voting of procedures take place. government to the tune of 1.2 billion all pre- election preparations for the Thus theoretically, voter’s choices rands to run the election, although elections were on a sound footing. are indeed secret as long as the pro- a breakdown of what each province Specifically, the number of polling cedures set down are scrupulously has been allocated could not be de- stations is well placed to manage followed and an analysis of post termined. In fortifying the process, the projected turnout, the secrecy of election reviews will speak to this the government added 88 million the ballot is clearly assured and the issue in a more detailed form. rands more for the IEC to purchase voting process itself is clear and the Indeed, one other way in which transparent ballot boxes, for pur- IEC has invested a lot in providing voter’s are put to rest and assured poses of voter education campaigns, its officials with appropriate mate- that they cannot be open to any sort and the up-grading of scanners that rial to guide them in conducting the of intimidation by the way they will be used verify the veracity of elections. vote, is that it is illegal for parties identity documents.8 to have any form of presence at The other method which has the polling station on election day, been adopted by the IEC in ensuring ENDNOTES save for party agents who will be that the election is free of problems 1 http://www.theherald.co.za/ observing the election on behalf of is the information it offers on its herald/2008/11/06news/n08_06112008. their parties. Thus no political rallies websites to prospective voters. htm 2 ‘Fixed’ in this instance means permanent or influencing of voters is tolerated For instance this details where voting stations that are utilised by the IEC at the voting stations, resulting in a voters are supposed to vote and such as school halls, municipal buildings conducive atmosphere that obviates what actually happens at the etc while ‘mobile’ is a misnomer as these are non-permanent structures such as the chances of voter intimidation voting station outlining the stages tents, facilities in correctional centres etc 9 and undermining the secrecy of mentioned above. However, some – thus they are not ‘mobile’ in the sense the ballot. voters do not have access to the that on voting day they are moved around internet such as rural communities to different places to accommodate voters: they are basically temporary The Voting Process and in this regard the IEC has structures/venues that may not be in use The voting process as outlined by trained fieldworkers that have in future elections. the IEC is fairly straightforward visited communities to specifically 3 www.elections.org.za/Documents/ 10 Voting2009/voting_stations.htm indicating what voters are expected explain the process to voters. 4 Thabisi Hoeane, 2004, ‘Eastern Cape: The to do at polling stations on election In addition, the IEC’s Training Electoral Process in the Eastern Cape,’ day.7 and Skills Development department Election Update 2004 South Africa, Number 7, p.37 In a graphical illustration, has made available to electoral 5 Nkululeko Ncana, ‘Higher voter turnout voters go through seven stages at officials that will be manning expected’, The Times, 05 February, 2009, the polling booth: a check at the the voting stations, two critical p.4. 6 http://.elections.org.za/electoral. door that they have the required information booklets: An Election asp?KSId=4&KId=2 documentation to vote, a desk Guide and Election Diary. The 7 Ibid where their names are checked Election Guide covers in detail 8 Ibid 9 http://www.elections.org.za/Why_Vote. on the voter’s roll, the third stage a background to elections and asp where their fingers are marked democracy, instructs the officials 10 Caiphus Kgosana, ‘IEC gets R88m to with ink indicate that they are have of the procedures that they have to make voting easier’, The Star, 12 February 2009, p.4. voted and indeed to ascertain that follow in discharging their duties

117 EISA Election update south africa 2009 no 4

FREE STATE

KC Makhetha – University of the Free State

Polling 2009 election, as compared to the mocracy are the freedom of the indi- The value of a multiparty democ- 1,186 in 2004, an increase of about vidual and the regular opportunity racy is evident when competition 77 polling stations, meaning that the for a person to join his/her fellows gains momentum. The Free State distance voters had to travel was in replacing or re-instating the gov- province has been abuzz with ex- shorter than in 2004. It was clear ernment of his/her country. citement and political activity. that the IEC in the Free State was A ballot is sacred and should Polling or voting in this election committed to bringing democracy be respected as such. The Univer- proved to be very interesting and it closer to the people, by improving sal Declaration of Human Rights is always good to ask the question: accessibility. With a shorter distance (UDHR) states: ‘Everyone has the What is the importance of polling to travel to the polling stations, the right to take part in the government and what is the function of elec- chance of more people turning up of his country, directly or through tions, in short? Elections are the to vote was higher, which proved freely chosen representatives …’ chief insti­tutional mechanisms by to be the case compared to previous and that ‘The will of the people shall which representatives are selected elections. be the authority of the government; to govern­ment. According to Har- The voting hours were from this will, shall be expressed in peri- rop and Miller (1987:1), elections 07h00 until 21h00. That means, the odic and genuine elections which concern voters; elections are about last person in the queue at 21h00 shall be by universal and equal freedom and choice; they are also would be the last person to be suffrage and shall be held by secret about control and constraint. allowed to vote, after which the vote or by equivalent free voting There is a relationship among counting of the vote would take procedures’. elections, voting and electoral sys- place. The Constitution of the Republic tems, and this is why Harrop and It is important to note that there of South Africa, Act 108 of 1996, Miller (1987:41) define an electoral is a team of officers/staff manag- protects this political right. Sec- system as a set of rules for conduct- ing each polling station, under the tion 18 (1), (2) and (3) states that ing an election. These rules specify leadership of a presiding officer. every citizen is free to make political which public officials are subject to The presiding officer is account- choices – thus, the vote is counted election, who is eligible to vote, how able for everything which happens amongst the political choices of all those eligible can claim their right at the polling station; therefore all South African citizens as a means to vote, how the candidates must role-players present have the re- of expressing their political will. be selected, and how the votes are sponsibility to notify the presiding It is through the vote that the gov- counted so as to produce as overall officer of their presence and their ernment receives its mandate from result. role. For example, in the Free State, the people without which it cannot As the election day approached, there were international observers claim to be legitimate or to represent discussions around polling became (from the SADC) who were work- the will of the people. more crucial and it was more nec- ing in some municipal districts. No one can force a voter to essary to remind the electorate and As they visit polling stations, they disclose who he or she is going to ourselves of the important areas to first had to meet with the presiding vote for in the coming election. This cover. officer for acknowledgement and aspect was one that the IEC in the confirmation of their registration Free State continued to emphasise Polling stations as observers. in the process of conducting civic Polling stations are demarcated To give support to the presiding and voter education, for voters to places at which the voting process officer, there were security forces to understand and internalise. It is unfolded on 22 April 2009. Polling ensure the peaceful atmosphere and important for all voters to be clear stations have to meet minimum the political party agents to see to it on the secrecy of the ballot and feel requirements – as regards size and that processes were free and fair. free to keep their vote a secret. As equipment, the PEO in the Free confirmed in one publication of the State, Mr Mepha, confirmed that all Secrecy of the ballot IEC, the secrecy of the vote protects polling stations met with the basic Secrecy of at the ballot is the heart of individuals from intimidation as no requirements. democracy and democratic govern- one will ever know which party or Mr Mepha also stated that there ance. According to Julius Nyerere candidate a person voted for unless were 1,263 polling stations for the (1961), the two essentials for de- she/he divulges that information.

118 EISA Election update south africa 2009 no 4

The secrecy of the ballot, how­ and proper to protect the right to There are 12 political parties ever, is not always possible to en- vote through secrecy of the ballot. contesting elections in the Free sure or protect. An example would What does that mean for the IEC? State, and the latest research done be in the situation of blind people. It means that in all preparations by Ipsos Markinor (released in early In the conversation with Mr Mepha, of the IEC for the election day of 22 April 2009) estimated that the ANC it was confirmed that the right to April, the voting stations should be would win back their support from secrecy is violated in trying to assist set up in a manner which assures the undecided voters in the prov- the blind voters. Mr Mepha said that the voters of the secrecy of the bal- ince. The ANC is likely to win 78.2 a blind person is allowed to bring lot. The voting stations should have per cent of the vote compared to a close family member or a trusted voting booths, properly covered, the results six months prior to this person to assist with voting. The where voters can go individually survey, where 72.7 per cent of voters presiding officer needs to be notified and make a cross to vote for the indicated that they would support and this person needs to be over the party of their choice. But it does not the ANC. age of 18 to be allowed to play this end there. There should also be a According to these estimations, role of assistant. This person takes high presence of security forces at COPE could become the new op- the blind voter through the whole all voting stations to enforce the law position party in the provincial process and when making a choice in this regard. Where voters need legislature, with 6.6 per cent of the of which political party to make a assistance, there will be trained IEC support from voters, followed by a mark next to, all political agents appointed officials, who will come very close race between the DA with are required to observe. This helps to assist or any person of preference 4 per cent and the FF+ with 3.9 per ensure that the choice of the blind by the voter as already mentioned. cent. Interestingly, according to the voter is honoured, but the secrecy is The secrecy of the ballot brings survey, the IFP had gained 1.8 per compromised. attention to the free and fairness of cent of support from almost no sup- This is an area for improvement an election as a whole as the period port prior to this survey. for the IEC, as there are facilities and before and after the election day As regards voter behaviour, technology available to better the remains critical to the choice voters this survey shows that three weeks system, but the financial implica- make on election day. before the election, a third of likely tions will also have to be taken into voters do not feel close to any po- account. Voting behaviour – litical party. These are independent Article 20 of the UDHR claims voting through party voters, who are registered to vote that everyone has the right to free­ identification and are likely to vote but do not dom of peaceful assembly and Proportional Representation as identify with any political party association, and that no one may an electoral system encourages a at this point of the campaign. This be compelled to belong to an as- system where voters identify with portion of the voters forms almost sociation. The rights of the citizens particular political parties. As Ran­ 34 per cent of registered voters. to vote in secret are also guaranteed ney (1996:191) states, identi­fying by the Constitution of the Republic with a political party causes the The voting process of South Africa, Act 108 of 1996. voter to feel a sense of attachment to The voting process, according to Mr Section 19(3) (a) protects the secrecy a particular party. Hence researchers Mepha, will happen in two sepa- of the ballot and therefore binds all such as Reynolds (1999:56) have rate phases. The first phase will be other related electoral processes found that most voters do not on April 20 and 21, where special and this is recognised by the Elec- make up their minds anew in each votes will be cast. People who will toral Act, Act 73 of 1996 as well. election, nor do they make their be voting on the two days are those Given that no person is above the minds only when they enter the who made an application from 1–14 constitution in South Africa, under voting booth. April to be visited at home. Depend- no circumstances will any person This voting behaviour has been ing on their personal circumstances, be required to disclose his or her seen in the Free State in the past few permission was granted for them ballot choice. elections and that will not change to cast a special vote. Those who This is to recognise the freedoms much on 22 April. However, it missed the opportunity to make all voters have, to make their choice should be noted that there will al- this application are still allowed to on the ballot paper. The secrecy of ways be a percentage of voters who make this request at the office of the ballot is a mechanism used to are floating, who look for real-world the presiding officer, which will be ensure that freedom and the right events and evaluate the perform- the voting station, on April 20 and to vote are guaranteed. ance of government, the economy 21. The rest of the voters will then With the pockets of violence that and how the country is doing in gen- vote on 22 April, which is the main have been experienced at rallies and eral. It is these voters who can sway voting day. public gatherings and the threats the vote in any direction or split the On these voting days, the voting people are receiving, it is only right votes to where it matters most. process will be as follows:

119 EISA Election update south africa 2009 no 4

Mr Mepha explained that, at move to the next stage where the preparation and layout as well as its the entrance of the voting staton, nails are checked to ascertain that management, is all aimed at ensuring there will be an officer with a the voter has not voted at another the secrecy of the ballot. The voting scanner. This scanner is loaded station; then indelible ink is applied process is important for the voter to with the voters’ roll and therefore on the cuticle and nail. From this make election day a success. With is used to check whether the voter point, the voter collects the ballot all of this in place, the IEC can look is at the right voting station. Once papers (provincial and national) forward to an election day which that is confirmed, to fast-track the and then moves to the voting booth flows smoothly. process, the officer will be able to to express his or her choice on each references provide the voter with his or her ballot paper and fold them. The last EISA Research Report No. 12: South Africa’s number on the list, as identified stage is where the voter inserts the 2004 Election – the quest for democratic by the scanner, so that the voter ballot papers into the ballot boxes, consolidation. can just mention to the next officer national and provincial respectively. Harrop, M. and Miller W. L., 1987. Elections and voters: a comparative introduction. managing the voters’ roll where to These boxes will be clearly marked IEC. The IEC EDDE Reference Manual. locate his or her name on the list. In to avoid confusion. Ipsos Markinor Survey 6 April 2009. this way, the process will hopefully Mepha J.C. Formal interview on 14 April 2009. Constitution of the Republic of South Africa, be faster and the identity document Conclusion Act 108 of 1996. will be checked and the name It is very clear at this point that Ranney, A. 1996. Governing: An Introduction to Political Science (7th edition). scratched with a single line to mark the focus has completely shifted Reynolds, A. 1999. Election ’99 South Africa: from as acceptable. The voter will then to the voter. The polling station, its Mandela to Mbeki.

GAUTENG

Ebrahim Fakir – EISA and Shaheen Buckus – Independent Researcher

Polling stations According to the Independent registered caused a run on voting The Gauteng province operated Electoral Commission (IEC), the at some stations when voters were 2,295 voting stations, which included problem of ballot papers can be informed that they would be able 57 from the recently incorporated attributed to people not voting at to vote at any voting station within Merafong municipality.1 Lease their registered polling stations. the province in which they are agreements were concluded with Various political parties reported registered. Whilst this creates the landlords for 1,925 voting stations a shortage of ballot papers in areas freedom for voters to be able to vote which are permanent structures. In in Gauteng. Sibongile Nkomo, a anywhere in the province in which addition, the province operated 370 representative of the IFP, reported they are registered, it has created temporary voting stations in areas that voting stations in Soweto unintended logistical and supply where a permanent facility in the ran out of ballot papers, and the problems. form of a school, community hall Democratic Alliance’s Frits de Klerk More widespread than had hith- or church or other fixed structure reported that stations in Houghton erto been the case, the credibility could not be found or used. and Craighall Park, affluent areas of the elections was at some points These temporary voting stations in Johannesburg, ran out of ballot called into question. Some political were provided with tables and papers.2 In order to address the parties did indeed in isolated in- chairs, portable toilets and water. problem the IEC printed additional cidences call the legitimacy of the Municipalities and Eskom provided ballot papers, including about a result at certain voting stations into the electricity at temporary voting million extra for Gauteng. Despite question: the DA’s party agents ‘in stations on Election Day so that the an existing policy providing for the Free State, Gauteng and Western voting processes could continue contingency plans in which extra Cape indicate that at least 24 poll- without hindrance. and additional ballot papers to the ing stations had run out of ballot Administrative and logistical percentage factor of 10 per cent papers in the three provinces, and problems plagued some polling additional ballot papers are sent that numerous other stations have stations in Gauteng. These polling to each voting station anyway, it is experienced shortages of VEC4 stations ran out of ballot papers clear that the relaxation of the policy forms and barcode scanners (or zip- by late afternoon due to the huge of voters only being able to vote at zips). The majority of these voting voter turnout. voting stations at which they were stations are in areas where the DA

120 EISA Election update south africa 2009 no 4 enjoys a large amount of support, • The voter places his or her ballot unique bar code. and as a consequence DA voters in an unmarked smaller enve- • The voter then proceeds to an in these voting districts are being lope. empty voting booth or compart- denied their right to vote’.3 • The presiding officer then places ment to make his/her mark. The following were the areas the smaller envelope into a big- • The voter then folds the ballot most seriously affected by a short- ger one with the voter’s details. papers to conceal his/her choices age of voting materials: • The smaller envelope is then and finally places them in the removed from the bigger one ballot box. Gauteng North: and deposited into the ballot box Onverwacht (Ward 6, Cullinan) at the voting station on Election Laerskool Bakenkop The voting process is observed by (Ward 70, Tshwane Metro) Day. party agents. The Commission has Wierda Park (Ward 69, Tshwane Metro) also introduced new regulations to As regards protecting the secrecy of Oost-Eind Laerskool, Sunnyside allow at least one agent to verify (Ward 59, Tshwane Metro) the vote of the ordinary voter, he/ what happens at each of the three she will proceed into a voting booth, points, namely the voters’ roll table, Gauteng South: which will be protected by a screen The Ridge School finger-inking and ballot-issuing.9 to ensure secrecy, to make his/her (Ward 87, City of Johannesburg) In total, three agents observe these Holy Family College mark next to the party of his/her processes, which are rotated to (Ward 87, City of Johannesburg) choice. There is no numbering on ensure that each party has the op- Adelaar Hoërskool the actual ballot paper next to each (Ward 83, City of Johannesburg) portunity to have at least one agent party, and this ensures the secrecy Millpark (Ward 60, City of Johannesburg) at these points. The voting process in Greenside Primary School of the ballot because a ballot paper Gauteng went off smoothly and the (Ward 87, City of Johannesburg) cannot be traced to a voter.7 A breach mood among voters was carnival- Crawford College Lonehill of the secrecy of a person’s vote (Ward 94, City of Johannesburg) like, being marred as mentioned could possibly occur in relation to Cedar Park Hotel above only by the shortage of ballot (Ward 106, City of Johannesburg) voters who need special assistance papers. East Bank Clinic such as those that are illiterate. In In Gauteng, there were long (Ward 105, City of Johannesburg) the Gauteng province there were queues because voter turnout was no official reports of any breaches Gauteng East: high. According to Gauteng chief Crystal Park Health Clinic in the secrecy of the ballot. (Ward 24, Ekurhuleni) electoral officer, Sy Mamabolo, due The voting process to the high voter turnout ballot boxes were full. Voting hours were not ex- Secrecy of the ballot Voters may only vote once in the tended beyond the 9pm closure but The cornerstone principle of any election and should ideally vote at voters who were still in queues at election relates to the secrecy of the voting district where they are closing time were allowed to vote.10 a person’s vote. Sub-section 91 of registered. In terms of the process, the Electoral Act No 73 of 1998 en- the following sequential steps are shrines the principle by clearly stat- adhered to: ENDNOTES ing: ‘No person can interfere with a 1 http://www.info.gov.za/ voter’s right to secrecy when casting • Voters will need their ID books speeches/2009/09042017351001.htm their vote’.4 The secrecy of the ballot which will be scanned by pre- 2 http://news.iafrica.com/sa/1415119.htm siding officers using hand-held 3 DA: Statement by Ryan Coetzee, CEO of occurs at two levels, namely, special the Democratic Alliance, on the shortage and ordinary votes. scanners also known as Zip- of ballot papers at certain voting stations (22/04/2009) In terms of special votes, provi- Zips. This will verify if the per- 8 4 http://www.thecitizen.co.za/index/article. sion is made in terms of the Electoral son is registered to vote or not. aspx?pDesc=93805,1,22 Law for people with disabilities • The voter is then given a receipt 5 http://www.search.gov.za/info/preview- and proceeds to an official who Document.jsp?dk=%2Fdata%2Fstatic%2Fi or physical infirmity and women nfo%2Fspeeches%2F2009%2F0904201735 in advanced stages of pregnancy then finds and crosses out his/ 1001.htm%40Gov&q=(+((gauteng)%3CIN her name on the voters’ roll. %3ETitle)+)+%3CAND%3E(+Category% to apply to be visited at a place of 3Cmatches%3Es+)&t=Electoral+Commis confinement.5 In addition, members • Officials will then mark the sion+on+2009+elections+in+Gauteng. of the security forces and election voter’s left thumb with indelible 6 Interview with Mr Shiburi (IEC Gauteng ink. provincial office). officials had an opportunity to visit 7 http://www.newstoday.co.za/cgibin/new- their voting stations and apply for a • Prior to being issued with na- stoday/show.pl?1240381411:Most%20vot- tional and provincial ballot ing%20stations%20open%20on%20time special vote. Special voting employs 8 Ibid. two envelopes ensuring the secrecy papers, the papers are marked 9 http://www.buanews.gov.za/ of the special vote as it precludes with a special stamp on the rss/09/09042115251001 reverse side. This is one of the 10 http://www.iol.co.za/index. any attempt to trace the identity of php?from=rss_South%20 the voter. The process unfolds as safety measures introduced by Africa&set_id=1&click_id=13&art_ follows:6 the IEC. Each ballot paper has a id=nw20090422165055401C638765

121 EISA Election update south africa 2009 no 4

KWAZULU-NATAL

Shauna Mottiar – ACCORD (writing in personal capacity)

Assessing election through its Outreach Division. The shaping of public opinion; inspiring financing in South Outreach Division is made up of a and furthering political education; Africa – the cost of Civic Education Unit as well as a promoting active participation by democracy Research and Communication Unit. citizens; exercising influence on The 2009/2010 South African budget The Civic Education Unit encom- political trends and developing allocated R929 million for the na- passes a schools project in alliance the interface between citizens and tional and provincial elections. R108 with the department of education the public administration. Public million was earmarked for upgrad- to institutionalise democracy and funding is also regulated and the ing 30,000 bar code scanners which voter education, voter education recipient political party is obliged are described as ‘state of the art’ during elections, disabled voter to set up a separate account for and an investment for use in future education, multimedia education any monies received and to submit elections. The scanners are able to and stakeholder engagement in the statements as to its expenditure hold the entire voters’ roll – i.e. the mass education of the electorate. with regards any public funds names and identification numbers The Research Division commis- received. The recipient party is of all registered voters in South sioned the Human Sciences Re- also audited (Public Funding of Africa. There was also an allocation search Council (HSRC) to conduct Represented Political Parties Act for 105,000 new transparent ballot a survey on voter participation in and Regulations). boxes (Flanagan, 2009). South Africa. In addition to public funding, The Independent Electoral Com- The survey, released in February political parties in South Africa are mission (IEC) IT budget for the 2009 2009, has been widely cited and pro- permitted to raise and utilise private election stands at R200 million, vides empirical evidence relating funding. Indeed, many smaller par- which is almost quadruple that of to strengths and weaknesses of the ties with lower state allocations rely previous elections. The IEC has electoral process, voting behaviour on private donations. Most parties made various services available to and the preparedness of the IEC to cannot rely on party-owned busi- voters on line such as checking reg- manage the forthcoming elections. ness interests, membership fees and istration status over the internet as Voter education is vital to the elec- branch level fund raising. Much well as by cellular phone (Du Toit, tions process as it ensures that vot- party funding therefore comes from 2008). The technological upgrading ers are aware of their rights to vote private sector donations or dona- of the IEC lends itself to considerable as well as being familiar with the tions from foreign countries (Lodge improvements in the administrative process of voting. The HSRC survey & Scheideggar, 2005). This is espe- processes related to elections. is likewise important in that it is a cially the case with regard to elec- During the 1994 elections the source of information available to tion campaigning. The Public Fund- IEC experienced various difficul- the public regarding the elections. ing of Represented Political Parties ties around the lack of a voters’ roll, Both informed voters and avail- Act does not require disclosure of pirate polling stations, illegitimate ability of information are vital to private party funding nor does it voting and counting irregularities the democratic process. place any limits on the amount of (Lodge, 1999). In 1999, however, The Public Funding of Repre­ funding a party can receive. Follow- voting fraud was reduced owing to a sented Political Parties Act directs ing the failure of a court application better registration (and other regula- that parties represented in parliament by the Institute for Democracy in tory) processes (Lodge, 1999). By the receive funding proportional to their South Africa (IDASA) in 2005 com- 2004 elections the IEC made further share of the vote. Funding of political pelling political parties to disclose procedural improvements regarding parties is intrinsic to a multiparty the sources of their funding, most the counting and auditing process democratic process, as it facilitates parties have chosen not to disclose (Lodge, 1999). the phenomenon of electoral private sources of funding. The new scanner technology em- opposition. The state funding The concerns around private ployed for the 2009 elections seeks allocation to parties is limited to and undisclosed funding, however, to make the voting process more use for purposes compatible to the relate to the fact that private funding efficient and reduce the possibilities parties’ functioning, including: the may often come with strings attached of voting irregularities. development of the political will and is not regulated in the same way The IEC has also expanded of the people; the bringing of the as public funding (Matlosa, 2004:5). its voter education programme party’s influence to bear on the In the past financial year the state

122 EISA Election update south africa 2009 no 4 has disbursed in the vicinity of R80 Election broadcasting is another in a voting booth and placing ballot million to 19 parties but parties are area involving election financing. papers in a ballot boxes. The guide reported to have spent an estimated­ National broadcasting during elec- also advised on correct procedural R300-R500 million rand during tions is seen as expenditure towards arrangements such as the presence the 2004 election. Private funding facilitating a smooth election. The of a presiding officer and party therefore accounts for much of their SABC claims that it treats elections agent and vote counting methods activity (Johwa, 2009). Likewise, as ‘an integral part of the process (Witness, 19 April 2009). parties are estimated to be spending through which the country’s young some R500 million in the upcoming democratic traditions are further Election financing in elections but their sources of funding strengthened’ (City Press, 19 April KwaZulu-Natal – guard- remains unknown. This according to 2009). The SABC, which broadcasts ing against violence and intimidation Steven Friedman ‘could well be the on 19 radio stations and four televi- biggest threat to democracy in South sion channels, has expanded on its The province of KwaZulu-Natal Africa’ (Johwa, 2009). According to usual coverage to include gathering has expended a ‘lion’s share’ of the the IDASA position paper on private election-related material from across provincial commission’s resources political party funding, the regulation the country; providing platforms for to promote good conduct and po- of party funding will strengthen citizens as well as politicians to litical tolerance. The province has democracy by making parties more relay their messages; offering wide held public signings of the Code accountable, ensuring effective analysis and debate around elec- of Conduct by political parties in electoral competition, enhancing tion issues and providing updates every one of its 52 municipalities. transparency and increasing public on the election process in terms of The public signings were also used access to information (IDASA voting and counting (City Press, to promote the IEC’s voter educa- Position Paper, 2003). 19 April 2009). Indeed, the SABC tion programme focused on political Non-disclosure by political par- has provided a significant election tolerance and the freedom to hold ties as to the sources of their fund- debate forum through its election opinions without fear of reprisal ing may indeed have repercussions debate series on Sunday evenings, or attack. for democratic norms. The recent which recorded the receipt of some In pursuance of a peaceful election refusing of a South African visa to 60,000 text messages from viewers process the province deployed close the Dalai Lama is a case in point and around the country and ‘hundreds to 23,000 police officers across has caused analysts to suggest that of thousands of callers’ (City Press, KwaZulu-Natal on Election Day. the ruling party may be funded by 19 April 2009) – indicating that These included members of the the Chinese government after state- South Africans are engaging with public order policing unit, national ments that there is to be increased election issues through the broad- intervention unit, detective teams cooperation between China and cast media. and reservists. There was security South Africa after the elections (Van For the first time political parties provision for political events, Vuuren, 2009). advertised their campaigns on tele­ demonstrations and VIP visits. An obvious concern around vision (which they paid for them- The province also has in place private donations is that the donors selves): this included adverts by the ‘stabilizing operations and physical may exert inappropriate and undue African National Congress (ANC), deployments in problematic areas’. influence on policymaking. A well- the Democratic Alliance (DA) and Road blocks have been set up as known example of this occurred the Congress of the People (COPE). well as intelligence-driven firearm in the late 1990s when the Inkatha The SABC also aired a show (‘Last searches. Freedom Party (IFP) accepted dona­ Word on Sunday’) that provided a Investigative task teams that tions from illegal casino operators platform for a comic evaluation of probe election-related offences are who were then ‘rewarded’ by the elections and parties in South Afri- on standby, as are reaction forces IFP provincial administration during ca. Radio shows have also regularly for problematic areas. Each polling the bidding process when legislation featured election updates on both a station in the province is to have to regulate the casino industry was national and provincial basis. at least two police officials present tabled (Lodge, 2002: 134). The print media included adver- while problem areas such as Non- Despite the fact that private tisements calling for South Africans goma, Ulundi and Estcourt will funding is important to sustain to vote and providing information have up to eight police officers de- political parties and to enable them and guidance on the actual voting ployed. Among the duties of these to contest elections while reducing process: for example, The Witness deployed officers will be inspecting the financial burden to the state, provided a ‘quick guide to the poll- and sweeping voting stations for there is a danger that it may result in ing day process’, where it outlined explosives and dangerous objects, political parties who are beholden to the entire voting process from pre- securing voting stations together their contributors rather than to their senting identification, being inked, with the presiding officer and main- constituencies. marking two stamped ballot papers taining law and order within voting

123 EISA Election update south africa 2009 no 4 stations. Police officers will also ous illegal firearms including three African Union Mission and the play a role in escorting ballot papers AK47s, an R5 rifle, two 303 rifles, SADC Mission (Sapa, 20 April 2009). to voting stations and the move- a shot gun, twelve 9mm pistols The KwaZulu-Natal Democracy ment of ballot papers during the and more than 100 rounds of am- and Elections Forum (KZNDEF), counting process. The South African munition (Mbanjwa, 2009b). There made up of civil society, community Police Service (SAPS) is currently are fears, however, that a number and faith-based organizations, training operational police officers of arms remain hidden and unac- will also observe the provincial with regard to the Electoral Act counted for and may be used to per- elections. Provincial IEC head and in crowd management (Wicks, petrate violence and intimidation. Mawethu Mosery has stated that 2009). Security in the province will Indeed, the KZN Violence Monitor should bad weather conditions be overseen by the National Joints in a report on the proliferation of plague the province on Election Committee comprising the police, guns in the province attributes Day (there is a forecast of 80% rain) army, national intelligence agency, violence in the province to govern- contingency plans were in place. emergency services, local traffic ment’s failure to deal with the issue These include having the disaster police and the IEC. The Committee of unlicensed weapons in the area management unit on standby and will operate from a 24-hour high (Mbanjwa, 2009b). ensuring that ballot papers were tech security centre in Pretoria and Apart from the deployment of delivered to voting stations on time will have various resources at its security, the KwaZulu-Natal legisla- despite possible road and bridge disposal such as extra soldiers, ture has mandated the African Cen- flooding. Access to voting stations planes etc. The Committee has tre for the Constructive Resolution by voters in bad weather is not seen already reviewed detailed submis- of Disputes (ACCORD) to deploy as problematic, as voting stations sions from police stations in every an observer mission in the province. are in close enough proximity to jurisdiction (Eliseev, 2009). The mission, deployed in areas voters (Sapa, 21 April 2009). According to statistics released known as ‘hot spots’ for violence, Political parties in the province by the government’s security cluster has the unique task of assessing have been actively campaigning ministers (Intelligence Siyabonga levels of election-related violence in the last days before elections. Cwele, Safety and Security Nathi and intimidation in the province in ANC rallies in Jozini, Hlulluwe Mthetwa and Defence Charles order to assess its bearing on elec- and Ngwelezane were attended by Nqakula), KwaZulu-Natal remains tions (Khumalo, 1999). thousands of supporters leading to by far the province with the highest comments that these previous IFP levels of election-related violence Preparations for the ‘strongholds’ would never have had and intimidation. Some 162 cases of voting process in such ANC access in past elections. election-related violence have been KwaZulu-Natal Indeed, in previous elections areas reported, including four murders Security concerns notwithstanding, north of the uThukela River were and four attempted murders. The preparations for voting in Kwa- IFP-dominated. The ANC has set KZN Violence Monitor has recorded Zulu-Natal ran smoothly. The IEC itself a target of winning the prov- nine politically motivated murders set up 4,187 voting stations in the ince by a 60 per cent majority. ANC in the province for 2009. These in- province and had 12,561 electoral party leadership, including Jacob clude IFP youth leader Bhekinkosi officers. The province has 4,459,291 Zuma himself, also personally vis- Dube, ANC youth chairman Sthem- registered voters (Sapa, 1 September ited amakhosi in the province and biso Cele, IFP councillor Bongani 2008). Ahead of Election Day the canvassed in other IFP strongholds Khumalo, IFP organiser Ntokozo provincial IEC opened all its voting such as Bulwer and Sweetwaters in Zondi and other IFP and ANC sup- stations to accommodate special the Midlands (Mbanjwa, B, 2009a). porters (Mbanjwa, 2009b). voting (Sapa, 20 April 2009). Special Allegations claiming that the Owing to the situation in Kwa- voting refers to those in hospitals ANC employed unscrupulous Zulu-Natal a special security task and old age homes as well as those campaigning measures in the form force has been deployed, ahead who are disabled. It also applies to of distributing food parcels through of elections, to troubled areas and security forces who will be working the department of Department of hotspots for violence. The task on Election Day. The provincial IEC Social Development have also been force comprises members of the received 9,114 special vote applica- reported in KwaZulu-Natal. The SAPS national intervention unit, tions but claims that the number of Election Monitoring Network stated the intelligence units and members actual voters exceeded this number that it was concerned that Social of the army. The deployment was and were permitted extensions (Pre- Relief of Distress vouchers were primarily in the Estcourt area and toria News, 21 April 2009). being allocated in a ‘discretionary’ Nongoma. In the six weeks of their Elections in the province will be manner (Mgaga & Dell, 2009). The deployment the task force has observed by some 15 organisations implication is that food vouchers arrested six suspects for election- (2,000 observers in total). The are being distributed to secure votes related crimes and recovered vari- observer missions include the and not necessarily to provide relief.

124 EISA Election update south africa 2009 no 4

IFP campaigning in the province who have received voter education Flanagan, L. 2009. ‘IEC to spend R25 million on poll scanners’. Star, 23 March. focused on declining morals and by the KZNDEF programme exhibit Johwa, W. 2009. Business Day, 16 April. broken family structures as well as a great enthusiasm regarding their Khumalo, S. 2009. ‘African observers to moni- tor flashpoints’. Mercury, 10 April. critique of ANC education policies, right to vote and are beginning to Lodge, T. 1999. Consolidating democracy: South arguing that when the IFP was in engage with the elections process Africa’s second popular election. University government in the province 74 per beyond simply a civil right to mat- of Witwatersrand Press, Johannesburg. Lodge, T. 2003. Politics in South Africa: from Man- cent of high school leavers passed ters regarding voter responsibility, dela to Mbeki. James Curry, Oxford. matric, while the current pass rate politician accountability, informed Lodge, T. & Scheideggar, U. 2005. ‘South Africa country report based on research and is under 60 per cent (Mbuyazi, choices and to issues pertaining dialogue with political parties’. Interna- 2009). The IFP has also criticised to election-related violence and tional IDEA/EISA. the deployment of security forces intimidation. The prevailing sense Matlosa, K. 2004. ‘Public funding of political parties’. EISA Election Update South to areas marked as ‘hot spots’ for among communities where the Africa 3. violence. It argues that this is a ploy KZNDEF operated is that voting Mbanjwa, B. 2009a. ‘ANC campaign trail makes by the ANC to intimidate voters in will be free, fair and secret. Fears inroads on the IFPs stronghold’. Daily News, 15 April. IFP strongholds. It has called for have emerged, however, about Mbanjwa, B. 2009b. ‘Special task force to ensure the withdrawal of these security outbreaks of violence when the fair polls’. Daily News, 21 April. ‘Regulation of private funding to political par- units (Mbanjwa, 2009b). An election results are announced and confirm ties’. 2003. IDASA Position Paper. poll conducted by Plus 94 research that traditional strongholds have Pretoria News, 21 April 2009. has projected that the ANC will be been lost. Mbuyazi, N. 2009. ‘We will undo legacy of cor- ruption’. Daily News, 15 April. victorious in KwaZulu-Natal, tak- Mgaga, T. & Dell, S. 2009. ‘DA says handing out ing 57 of the 80 parliamentary seats References food vouchers is a ploy by the ANC to get more votes’. Witness, 18 March. with the DA behind it taking 12 IEC Elections Briefing, 21 January 2009. Sapa, 1 September 2008. seats, the IFP 5 seats and the United Pretoria. ‘The results of the 2008 voter Sapa, 20 April 2009. Democratic Movement (UDM) and participation survey’ commissioned by the Sapa 21 April 2009. IEC, 4 February 2009, HSRC. Sunday Times, 19 April 2009. COPE taking 3 seats each (Sunday Public Funding of Represented Political Parties Van Vuuren, H. 2009. ‘South Africa; time to Times, 19 April 2009). Act 103, 1997. reclaim our values?’ Institute for Security Public Funding of Represented Political Parties Studies. The KZNDEF claims that the Regulations, 1998. Wicks, J. 2009. ‘Safeguarding the elections’. provincial IEC is ready for elec- City Press, 19 April 2009. Mercury, 15 April. tions and predicts no challenges Du Toit, C. 2008. ‘IEC turns to tech’. 18 Sep- Witness, 19 April 2009. tember, www.itweb.co.za. regarding balloting and the voting Eliseev, A. 2009. ‘High tech centre to oversee Acknowledgements to Sibonelo Zuma, KZNDEF process in general. Communities security’. IOL, 21 April. Political Officer, DDP

LIMPOPO

Lesiba Teffo – University of Limpopo

Polling the Public Funding of Represented However, this plethora of political Post-apartheid South Africa was Political Parties Regulation which parties, some of which are based and confronted with a unique and seeks to stipulate provisions and founded on ethnic/ tribal lines and com­plex challenge of regulating conditions under which funding of cult personalities are not healthy or de-regulating party political these parties must be undertaken. for the broadening, deepening and funding. In terms of Public Fund­ This contribution considers the maturation of our democracy. The ing of Represented Political implication of funding or the lack funding status quo is therefore Parties Act (1997) only political therefore on the entire body politic probably a good thing, and there parties that have elected public of South Africa. should also be greater transparency representatives in Local Council It should be observed at the and accountability when it comes Provincial Legislatures, the National outset that contemporary politi- to the funding of political parties Assembly, and the National Council cal engagement and participation by institutions and agencies other of the Provinces (NCOP) are at party and individual level is a than the state. eligible to receive funding from costly affair. In the not so distant The cost of democracy in general the Represented Political Party future smaller parties with little can be counted in pecuniary terms, Fund. To ensure the effective and financial muscle will wither away. loss of human life, the robustness efficient implementation of this Whether this would be a good or of the economy, the moral fibre Act, in 1998 Parliament approved bad development is a moot point. and probity of the society, and 125 EISA Election update south africa 2009 no 4 most importantly, its standing of this assertion. There you tend to not, it does however strongly persist, in the family of nations, and in find two to three parties contending and to some degree undermines the the universal order of things. and alternating in running the coun- credibility of the election results. Democracy is a project to be try. It is to be hoped that we will The vetting process of presiding accomplished, yet at the same time get there with time. All we need to officers, party agents, police officers, it is like a mirage. It is difficult do is to transcend this phase where and all those who have access to the to harness and accomplish as an forming a party is like is like starting voting station should be transparent ‘as is’. It is a lifetime assignment one’s own firm to earn a living. The and public. This should be the case that needs to be nurtured with politics of the stomach should have especially where mobile voting sta- perpetual vigilance. Economic no place in an immediate future. tions are to be used. In the nature of success is a necessary but not suf­ things such stations can only accom- ficient condition for achieving Voting stations modate a limited number of people democracy. We need all the elements Chapter 6 sections 63-67 of the Elec- and as a result those people’s char- and institutions of states to be in toral Act provide for the rationale acter and conduct in relation to the harmony with each other so that an for the establishment of voting process should be beyond reproach. ideal democratic equilibrium could stations. For example section 64 The litmus test for free and fair elec- be achieved. subsection 1 provides that: The Elec- tions is legitimacy. Polling stations Being the source of all evil, toral Commission must establish for are accordingly sacred and therefore money should never be the ultimate an election one voting station, or all those who are presiding over determinant in matters of national one voting station and a mobile vot- them should be above suspicion. interest. Otherwise a party could ing station, or only a mobile voting find itself mortgaging our bequest station, in each district in which the Secrecy of the ballot to posterity to the highest bidder. It election will be held. The Commis- Section 90 of the Electoral Act 73 of is in this sense that the cosy relation- sion may provide a mobile voting 1998 deals with the infringement ship between the ruling party, the station only if (a) the voting district of secrecy with regard to the ballot. African National Congress (ANC), is large and sparsely populated area Even in instances where assistance and the Peoples Republic of China and it is necessary to assist voters is to be provided to the disabled, as has become a source of contention. who would otherwise have to travel per the Act, secrecy should be main- A distinction should unequivo- long distances to reach the voting tained. The provisions of this sec- cally be made between the state stations, (b) the voting station is tion seek to protect the confidential- and the ruling party. The state is necessary for use at a prison. ity of the vote and to ensure that any not equal to the ruling party and The choice of a voting station voter is not influenced by intrinsic vice versa. Evidence of money should ensure that there would be or extrinsic factors. The voter should corrupting the ruling elite and a free and fair election. Any factors be unencumbered when exercising their policies become more evident that could militate against such his or her universal suffrage. This when sovereignty is superseded by conditions should be addressed a is important in situations where foreign national interests of trading priori. If no solution is feasible, a threats and actual violence is at partners and allies. However, we heavily protected mobile voting times resorted to in order to ensure have done relatively well in our station could be an option. electoral victory. young democracy, but more effort It is common knowledge that However, there are instances and vigilance are required. certain individuals, parties and where these provisions can be sus- The ANC, the Democratic Party employers try to sabotage the pended in order that the disabled (DA) and the Congress of the Peo- election process by creating artificial people can participate meaningfully ple (COPE) seem to have stronger impediments at the last hour. There in the election. On this reasoning, financial muscle than the rest of the is also a strong perception that therefore, it could be argued that 145 parties combined. In an ideal needs to be mitigated. Presiding in some instances the secret ballot world it would have been possible officers in the main are perceived is not so secret. That said, attempts for the remaining parties to find to be aligned to the ruling party should be made to stick to the letter some resonance with the policies of and as such are often accused or and spirit of the Act with due regard the three main parties and therefore suspected of serving the interest of to secrecy. align themselves with. Given the the ruling party. The level of literary advance- cost of modern electioneering and The ruling party has a policy of ment of a nation determines the the evident lack of major differences cadre deployment, and people are electoral methodology that is used in their ideologies and policies, we therefore often tempted to break by that respective nation. Since 1994 are likely to see no more than five the rules in the interest of the ruling to date South Africa, as all other parties in the next five years or so. party so that they will be noticed African states, has and still uses a The successful democracies in the and considered for deployment. manual method of voting on a bal- world can be pointed to in support Whether this allegation is true or lot box. This may well be justified

126 EISA Election update south africa 2009 no 4 by the prevailing lower levels of The Independent Electoral Com- cast their vote only on a National (computer) literacy among South mission (IEC) is an integral part Ballot. Africans. The USA, Canada, Britain of the Chapter 9 institutions that • Convening all participating and Japan seized the opportunity are enjoined with a constitutional political parties with the sole presented by information and com- onus to nurture and augment our purpose to pledge their commit- munication technology and have evolving constitutional democracy. ment to peaceful, free and fair switched to a computerised method The IEC derives its operational sig- elections. Political party leaders of voting. It is not problem-free, but nificance and mandate to conduct are urged to communicate a it is effective and efficient. peaceful, free and fair elections from message of political tolerance The secrecy of one’s vote is oc- the Constitution and the Electoral and respect for human dignity casionally compromised when or if Act. to all their members and sup- the IEC has to attend to the special In pursuit of its mandate the porters. needs of voters who are blind, illit- IEC must eloquently and compre- • To accord the public an oppor- erate and physically handicapped. hensively stipulate how the vot- tunity to enlist any objection These categories of voters are cir- ing process should be undertaken against any candidate. The IEC cumstantially compelled to disclose during elections. There are election is vested with discretion to either the names of their preferred parties administrators within the employ of sustain or dismiss the objection and/or candidates to IEC officials the IEC who are tasked with a va- per se. and party agents. The secrecy of riety of duties and responsibilities. • Selecting appropriate voting the ballot is also undermined by To my knowledge and according to devises and designing of ballot voters who come to the voting sta- the briefings given by the PEO and papers. tions wearing party political t-shirts, other observers and agents, the IEC • Liaising and collaborating with caps and or any other related attire. officials acquitted themselves well. the Security forces to assist in Another voting predicament is that There was one instance in which a contributing to a safe and se- a blind or absolutely illiterate voter presiding officer tried to influence cured environment for free and may bring along his/her next of kin voters in a certain direction, but that fair elections. Security forces are to put a cross on the ballot for that was detected and the officer was af- mostly deployed to places that respective voter. How certain are we ter consultation with the PEO sum- are designated as ‘high risk’ or that the choice of that blind voter marily dismissed. This was later ‘no-go’ zones. Security forces had not been misrepresented by lauded by all party agents when the must guard against any trend his/her next of kin who may have daily briefing was made. or eventuality that might tarnish preferred a different choice over that Section 24 of the Electoral Act the credibility and integrity of of the blind voter? posed some challenges. There elections. The most penultimate challenge was unanimity that it should be • To organise a temporary work- confronting all democracies is to reviewed. force to assist during voter reg- rigorously attend to this question: istration and elections. How do we contextualise the sa- • Conducting of Election Aware- • Contributing and advocating credness and secrecy of the ballot ness and Education campaigns for a conducive, peaceful and paper in the midst of free and open geared at informing and educat- tolerant political atmosphere electioneering by political parties ing the citizens about the essence so that all voters may exercise and candidates? In education lies of elections and the voting proc- their right to vote without any the future of this country. If we in- ess. hindrance. vest properly in it we might reach • Registering eligible voters and • To ensure that, on election day, a stage where the concerns raised preparing voters’ rolls in ac- voters cast their votes in a desig- above are eliminated. cordance with the Electoral Act nated secret venue as prescribed and Memorandum of Under- by the Electoral Act. The voting process standing between the IEC and • The counting of votes and certi- There is an undisputed conviction participating political parties. fying of results are done in the among all global democracies that • Certifying the eligibility of vot- presence of party universal suffrage is the greatest ers and candidates. People with agents and other election observ- cornerstone and embodiment of a a certain prescribed criminal ers. free nation. record are barred by the Consti- • As prescribed by the Act, the The power to exercise govern- tution to partake as candidates chairperson of IEC makes a final ance is not sourced through the use during elections – general and determination on the overall re- of coercion or primogeniture but municipal elections. This con- sults of the election. Once more, through free and open elections by stitutional restriction does not in my considered opinion, as an all emancipated and eligible citizens apply to voters. South African institution, the IEC acquitted of that particular nation-state. citizens abroad are entitled to itself well.

127 EISA Election update south africa 2009 no 4

WESTERN CAPE

John Akokpari – University of Cape Town

Alongside the new aggressive related to the tendency for party space where they made their choices campaign strategies, the spotlight supporters to cause trouble given among political parties. The polling is also falling on the IEC and espe- the high stakes in the polls. To avert arrangements were therefore set up cially on the electoral infrastructure this eventuality, the Provincial IEC in a way that guaranteed secrecy of put in place to ensure smooth and in conjunction with the South Afri- the ballot. The objective of secret violence-free elections. In this brief can Police service (SAPS) deployed voting was to give voters the free- report, on the Western Cape, we at least two police officers to each dom of space they require to make focus on three elements of the elec- polling station. Whether the pres- responsible choices. This would in tions: (a) polling stations; (b) secrecy ence of two police officers was suf- turn ensure the credibility of the of the ballot; and (c) the voting proc- ficient to deter or contain violence polls and subsequent acceptance ess. While these three by no means at the voting stations remained an of the outcome by all parties – both form an exhaustive list nor consti- open question. victors and vanquished. tute the most essential elements of The provincial IEC also trained In the Western Cape and indeed the elections, they represent key polling assistants to serve as elec- nationally, the polling booth was set ingredients and basic requirements toral officers on polling day. The up separately from the position of the compromising of which could polling assistants were deployed to electoral officials. Voter’s identities seriously jeopardise the credibility every polling station. The essential were verified, confirmed as eligible of the polls. responsibilities of these officers and given ballot papers. They then was to check the ID books of vot- went into the polling booth where Polling stations ers to confirm that individuals had they were all by themselves to cast At the close of the voter registration registered and were not attempting their votes. The separation of poll- process in February, the Western to vote a second time, issued vot- ing booths from polling assistants Cape recorded a total of 2,630,174 ers with ballot papers and directed guaranteed secrecy. At the envi- registered voters. Following the them to voting booths where their ronmental level, secrecy was also successful completion of the delimi- vote were cast. The essence of informed by the level of security tation process in 2008, the voting training voting assistance was to around polling stations. Clearly, or electoral districts in the Western equip them with the relevant skills secrecy would be considerably Cape increased to 1,541, up from to make them non-partisan in the compromised if intimidation and 1,348 in 2004. Each voting district discharge of their duties. These as- violence occurred around polling is assigned one voting station. The sistants also assisted voters requir- stations. city of Cape Town has 818 voting ing assistance such as the physically The impartial role of election districts, representing over 50 per challenged – the blind, the elderly, officials and the professional dis- cent of the Western Cape’s total. the deaf, the lame, etc. charge of their responsibilities were More political parties are contest- It was necessary to keep party equally crucial to the secrecy of the ing in the Western Cape than in any agents clear of polling stations, as ballot. This issue is particularly per- other province in the country. In all, they had the potential to foment tinent given that a few weeks ago 22 political parties are contesting, trouble. The voting stations were some opposition parties raised con- five more than the Eastern Cape, generally in schools, community cerns about the fact that with some which comes second with 17 politi- centres and other public premises. ANC office-bearers were working cal parties. Tents were used where such public as polling assistants for the IEC. The One of the critical challenges of facilities were considered too far opposition parties demanded that the provincial IEC is guaranteeing from communities. Ideally, the the IEC revoked the appointment the safety and security of voters voting stations were set up in such of such ANC office-bearing officials, and the polling stations on polling away that the polling booths guar- as this could be seen to compromise day. This challenge comes against anteed secrecy. the institution’s neutrality in the a backdrop of the skirmishes and electoral process. Similarly, the abil- near clashes between supporters Secrecy of the ballot ity of security personnel to ensure of political parties that have been The credibility of the April 22 polls a trouble-free environment also witnessed in parts of the province depended very much on the extent informed the secrecy of voting. Both during the registration exercise in to which voters felt able to cast their the national and provincial IECs February. The concern with security votes without intrusion into the embarked on a campaign to educate

128 EISA Election update south africa 2009 no 4 voters on their rights and responsi- in helping the IEC in its campaign once the ballot paper had been bilities in the polling process. to explain the voting process to dropped into the ballot box. the public. The IEC used the mass For those who voted in South The voting process media, including television, radio Africa’s foreign missions abroad, For the first time since South Africa and the print media as well as the the process was the same. Prospec- made the historic transition from internet to disseminate information tive voters need to go to the South apartheid to majority rule in 1994, about the voting process. The vot- African mission in their countries the country’s electoral process ex- ing process was simplified on the of residence with their valid green cited considerable enthusiasm. This web page of the IEC. Essentially bar-coded identity book or valid enthusiasm was in part generated the process, as outlined by the IEC, South African passports for their by the reality that South Africans involved the following six steps at identities to be established. Then living abroad were granted the op- the polling station: they go through the same steps portunity to exercise their right to The first stage involved the as their countrymen and women vote. Thus, while South Africans verification of the identity or the in South Africa to cast their vote. living in the country were elated by valid temporary identity certificate Prospective voters should have the changing terrain of the electoral of the voter. This stage also involved applied to the IEC and have their landscape, caused most especially the inspection of the fingers of the names on the voters’ roll compiled by the formation of COPE, those voter. The objective here was to for voting in their countries of living abroad were celebrating the ensure that the potential voter was residence. unique opportunity to vote away in possession of a valid green bar- In both the local and foreign from home. coded identity book and that the mission voting, steps one to five Yet, while South Africans were individual had not voted earlier were designed to ensure that reg- enthusiastic and anxiously waiting in the day at another polling sta- istered individuals did not engage for April 22, it was their country- tion. Second, the polling assistant in double or multiple voting. men and women living abroad who verified that the photo in the green The voting process did not were the first to cast their vote. On bar-coded identity book was the prove complex for many voters 15 April, a week before the national person presenting it. At this stage although it was quite certain that a polls, South Africans living abroad the polling assistant also verified few still found the process complex cast their votes. The IEC reported that the holder of the ID book was and perhaps confusing. that 16,000 South Africans living registered to vote. Third, once the abroad cast their vote in the coun- polling assistant was satisfied that Conclusion try’s 124 foreign missions. Of these, the ID book holder was registered By all indications the provincial 7,000 were expected to vote in the and eligible to vote, he/she crossed IEC was firmly in control of the South African mission in London, the name of the voter in the voters’ electoral process. The polling while over 1,000 South Africans roll. Fourth, the voter’s thumb was stations were set up with the nec- were expected to vote in Canberra, marked with indelible ink. Fifth, the essary infrastructure for the elec- Australia. The ballots from overseas voter was issued with two ballot tions, the secrecy of the ballot was were sent to Pretoria but were not papers – a national and provincial guaranteed as the IEC put meas- counted until after South Africans ballot papers. The ballot papers bore ures in place to ensure the safety at home had voted. The right of the acronyms of political parties as and security of voters and polling overseas-based South Africans to well as the pictures of their leaders. stations, while it also expanded vote was eventually granted by the Sixth, the voter was directed to a considerable efforts in educating constitutional court after wrangling polling booth to cast his or her vote. voters on the voting process. between opposition parties, espe- Prior to placing the ballot paper into Unlike in other provinces, cially the Freedom Front Plus, on the ballot box, the voter marked especially KZN where there were the one hand and the IEC on the his or her preferred party and can- complaints relating to the secrecy, other, which was initially hesitant didate. The IEC made provision the voting process and political about the idea for logistical rea- for voters who made mistakes in intimidation – due largely to the sons. marking their party/candidate to be political tension between the IFP The huge development infra- given a new ballot paper. However, and the ANC, there were no such structure in South Africa was key there would be no second chance complaints in the Western Cape.

129 EISA Election update south africa 2009 no 5

ELECTION UPDATE 2009 5 Number 5, 30 april 2009

Eastern Cape

Thabisi Hoeane – Rhodes University

Polling to voting stations and that they This article addresses the role of appeared on the voting rolls. The contents party candidates, women’s partici- ANC, for example, had established pation, the role of party agents, the 3,500 centres at the municipal EAStern cape 130 media and local election observers. level for such purposes2 and these The discussion covers two stages of centres were by law required to be FrEe state 132 the process: the two special voting operational outside the boundaries Gauteng 135 days (20th and 21st April 2009) dur- of voting stations. ing which specific categories of vot- Despite the stated restrictions, Kwazulu-natal 137 ers who could not participate on the parties often accused each other 22 April were allowed to cast their of transgressing the imposed stric- limpopo 141 ballots. These included the infirm, tures. For example, this was raised aged and those were going to be as a complaint by a PAC official, north West 143 rendering services on the 22 April who accused ANC officials of WEStern cape 144 such as IEC officials and members distributing party pamphlets at a of security forces.1 The article also voting station in Engcobo.3 focuses on the actual voting day. Women’s participation Role of candidates Women’s participation on polling Together with party agents, candi- day can be engaged from two per- dates on polling days are charged spectives: those who were directly with various duties, although those involved in the management of the of candidates are much broader. process, and those who participated They were generally focused on two as voters. In both instances, it is main activities: coordination issues difficult to exactly collate the exact related to their supporters in terms number of women participants. of getting them to the polls, and However, it is clear that their role those who were present at polling was visible. In terms of manage- stations observing that the process ment of the electoral process they of voting was managed in a manner were involved in such capacities as that did not prejudice the interests electoral officials engaged by the of their parties. However, they were Independent Electoral Commission strictly prohibited from campaign- (IEC), as members of the security ing near or within the precincts of forces, as members of observer del- polling stations. egations and as party agents and The coordination functions, for candidates. example, entailed ensuring that In terms of voter participation, their supporters were in possession given that the majority of registered of the appropriate documents for voters provincially are women – 60 voting, that they were transported per cent – it can be surmised that

130 EISA Election update south africa 2009 no 5 they participated in large numbers such as the ANC, which noted that around the Eastern Cape Province.12 on Election Day, as the turnout was it had fielded 10,000 party agents,8 The other major daily newspaper, high at 74.87 per cent, translating which allowed it to monitor all vot- The Herald, also supplemented its into 2,888,387 voters.4 ing stations. print coverage with online informa- Some disturbing issues cropped tion. In addition, the paper organ- The role of party agents up during polling day regarding the ised a pre-election public debate, a The functions of political party conduct of party agents and how day before the election where senior agents are statutorily defined and some had been impeded in the per- politicians in the province gathered these include stipulations of the formance of their duties. Some party at the Port Elizabeth City Hall and criteria they should satisfy to be agents were accused of campaign- responded to questions that had allowed to carry out their duties, ing for their parties at the Engcobo been sent to the paper via sms.13 the maximum number that is pre- voting station,9 a clear violation of Radio stations such as Algoa scribed to be present at each voting IEC regulations. In Libode, Cope FM and Umhlobo we Nene were also and counting station per party, and agents complained that they were extensive in their coverage of the the specific activities they can and ignored by the IEC presiding officer elections, carrying out interviews cannot engage in during polling.5 when they raised queries about al- with politicians and voters in addi- Thus they must be South African leged improper conduct of an ANC tion to election information carried citizens, be specifically accredited leader who was interfering with the on their news broadcasts. by the IEC, and not be candidates in voting process.10 Beyond these bigger media the election. Each party is restricted Media reports and observer outlets, which served the public in to having no more than two agents reports have generally indicated covering most parts of the province, at each voting station, the exception the effectiveness of party agents smaller community media played being that if the counting station in the process in various areas of a very critical role in reporting on is at a different venue from the the province. For example, the local events around the election. voting station, this number can be South African Council of Churches For example, in Grahamstown, the increased to a maximum of four (SACC) commented that, although community paper Grocott’s Mail agents per party.6 Their main func- it did note concerns raised by voters was prominent in carrying news of tion was to observe the election, for and political parties regarding the polling day. Two local radio stations, example, by being present when the misconduct of some party agents Rhodes Music Radio (RMR) and counting was carried out, and assist – such as distributing their party Grahamstown Radio, also played IEC officials in sorting out ballot literature and setting party tables their part. RMR informed listeners papers before counting.7 Thus, they too close to voting stations –it was on the voting process, in addition were not directly charged with the satisfied with their general overall to hosting interviews with local po- duty of running the election, and in- conduct.11 litical leaders, whilst Grahamstown stead serve more of an observation Radio set up a special team that and monitoring role on behalf of the Role of the media focused on polling activities.14 party, reporting any irregularities in The provincial media augmented the polling or counting processes by the national one – both electronic Role of domestic that may perceive to have occurred, and print – played an indispensable election observers and raising and lodging complaints role in reporting on the polling. The most visible local monitoring and disputes for adjudication, This included its role in providing group in the province was a coali- on behalf of their parties where information on pre-polling days, tion of Non-Governmental Organi- necessary. However, it is clear that highlighting for example, the voting sations (NGOs), which included the the ability of parties to effectively process, what documentation voters South African Council of Churches monitor the elections and safeguard need and so on. On polling day, the (SACC), the Institute for Democracy the interests of their party through media generally carried updated in South Africa (Idasa) and Black the presence of party agents was reports on what was happening Sash, which had deployed 500 dependent on their ability to field around the province focusing on monitors around the country.15 The enough personnel to be present at unfolding election events. group, in addition to monitoring every station. This was particularly so with, the election generally, was more For example, with 4,482 voting for example, one of the major news- focused on identified ‘hotspots’ that stations provincially, this meant that papers in the province, the Daily were prone to violence – such as the each party would have needed to Dispatch, which in addition to its cross-border area of Matatiele in the have mobilised 8,964 party agents. daily print edition, for the first time Eastern Cape.16 But for smaller parties – for exam- utilised a special online blog ‘Dis- The other observer organisation ple, such as the African Independent patchNow 24/7’ to specifically focus that participated in the monitoring Congress (AIC) – this was a daunt- on breaking news on the elections of elections was Business Unity ing task compared with bigger ones in tracking what was happening South Africa (Busa), an umbrella

131 EISA Election update south africa 2009 no 5 body for businesspeople, which cates that the election indeed went 4 http://wwww.eisa.org.za/WEP/sou2009re- sultsa.htm also noted with satisfaction the smoothly. 5 http://www.buanews.gov.za/ cooperation between party agents elections_2009_party-agents.htm Conclusion 6 Ibid. and IEC officials in declaring a suc- 7 http://www.dispatch.co.za/politics/article. cessful election.17 Mention should The provincial polling that was aspx?id=310785 also be made of the SACC, which undertaken both for special and 8 Mawande Jack, Rochelle de Kock, Gareth Wilson, ‘All systems go as voting machine fielded 1,500 observers around general voters went well. The role to roll’, The Herald, pp. 1-2. the country, in addition to the 100 of party candidates, party agents, 9 http://www.dispatch.co.za/article. aspx?id=310470 pre-election observers that it had the media and local observers 10 http://www.dispatch.co.za/article. deployed per province to monitor cumulatively delivered a success- aspx?id=310468 the campaigns.18 ful election. The participation of 11 http://www.sacc.org.za/news09/sacsec. html In summary, the input of local women was high, indicating that 12 Jan Hennop, ‘You can’t beat the Dispatch’s monitors in the polling process one of the sectors of society that is dual polling coverage’, Daily Dispatch, 21 April 2009, p. 1. provincially – augmented by their usually marginalised participated in 13 Weekend Post, ‘Join the debate’, 4 April international counterparts – has this critical democratic process. 2009, p. 2. 14 Kwanele Butana and Rugare Nyamhunga, been successful. Although they did ‘Tune in for election coverage’, Grocott’s note, in general terms, irregularities Endnotes Mail 21 April 2009, p. 3. in the electoral process, they came 1 11,800 voters had applied for special voting 15 Mawande Jack, ‘Election monitoring groups status. See Thanduxolo Jika, ‘Special votes urge parties not to stir conflict’,The Herald, away with a favourable impression to be cast on two days’, Daily Dispatch, 20 2 April 2009, p. 2. of how the election was conducted. April 2009, p. 2. 16 Ibid. 2 http://www.businessday.co.za/artciles/ 17 http://allafrica.com/stories/200904230811. Most significantly, the fact that topstories.aspx? ID=BD4A987045 html they did not report any large-scale 3 http://www.dispatch.co.za/article.aspx? 18 http://www.sacc.org.za/news09/sacsec. incidents of political violence indi- id=310470 html

FREE STATE

KC Makhetha – University of the Free State

Polling vantage. The people within the com- have a clear sense of the political en- As the elections unfolded, it was munities are searching for a face to vironment and the ability to operate important to take a closer look at the identify with, a person who shares and manoeuvre such an environ- role played by different participants their concerns and understands ment with tact and skilfulness. during the elections of 2009 in the their needs. The people want candi- The manifestos on their own Free State. There are many role play- dates to be people of integrity, who are seen as bare and empty words ers, but the focus will be on the role respect the law and strive to serve and this was expressed by people of candidates, women’s participa- with commitment. Therefore, there from within the Mangaung com- tion, the role of party agents, role of is more pressure on the candidates munity in Bloemfontein, but if the the media, and the role of domestic to assure the electorate of their candidates play their role well, these election observers. As much as the expertise and preparedness for the manifestos can develop into policy. focus is on the above-mentioned challenging work. This kind of responsiveness was roles, it is crucial to include the role In the past, more emphasis was evident during campaigning in the of the youth in the Free State. put on the role political parties have Free State, throughout the election to play in the development of their period. Many candidates worked Role of candidates members, as this is where this expe- very hard to give support to voters. For any person to be a candidate, s/ rience and exposure should stand to This was also an opportunity to be he has to satisfy certain requirements be tested. The political party should visible; marketing themselves and according to the Electoral Act, Act 73 serve as the practice ground for the political parties. It is important of 1998. Among these requirements, grooming political leaders. This was to note that among candidates, there the candidate should have no also repeated during a live political were quite a number of women criminal record and should formally debate on SAFM in Bloemfontein, representing the different political confirm availability as selected to be on April 15, 2009. This platform was parties. on the party list. created for political parties to share The role of candidates can be their views and also give assurance Women’s participation influential when used to best ad- to the electorate. Candidates should The role of women has been under 132 EISA Election update south africa 2009 no 5 scrutiny for a while, as it has been the struggle against apartheid poli- Women journalists have been a challenge to bring the balance of cies. On this day, women marched involved in the coverage of the Free gender into political circles. through the streets of Bloemfontein State and in interviews with po- The IEC in the Free State has and it appeared more like part of litical parties. Here again, expertise made efforts in the past two years campaigning, as this march was led shone through. The rehearsal for to promote women’s participa- by the ANC Women’s League. election day coverage, on both tele­ tion in politics. This initiative was An observation from a distance, vision and radio, was handled very launched through an Indaba held in watching this march unfold, con- well by a diverse team of men and Thaba Nchu in 2007, where political firmed that women still feel they women who treated one another parties and other stakeholders were have to march to get heard in South with great respect, even during the invited to discuss important issues Africa. For me this march, in short, actual coverage of elections. with regard to women and political signified a bigger struggle women At the signing of the Code of leadership. Political parties had to still face in order to be recognised Conduct, women were not repre- share their thoughts, their views – they have to work hard to earn sented in the security forces. At the and their intentions for the future recognition. voting stations visited, there were no with regard to the development of Other opportunities presented women from the SAPS or SANDF. It women leaders and the support and themselves when the media came is a possibility that women were de- exposure they need to give them. to Bloemfontein with the aim of giv- ployed in other areas; however this The PEO of the Free State, Mr ing coverage to political parties and remains a concern. Women should Mepha, and his team made sure providing an opportunity for the be visible in the security forces and that women were well represented communities to air their concerns. given exposure to elections. at this Indaba, to afford them a In debates on crucial policy Among domestic observers: chance to talk for themselves and matters, the voice of women was in the two briefings which were also present their interests. At this lacking. Even when SAFM invited organised by the IEC, over 90 per Indaba, political parties in attend- political parties for a debate on 15 cent in attendance were women. It ance, among others the ANC, FF+ April 2009 none of the six political was good to see so many women and the DA, seemed committed parties (that is, the ANC, DA, interested in observing the election, to promote the position of women COPE, FF+, ACDP and PAC) were but also disappointing as not all within the political parties. Forums represented by a woman. This raised of these women were clear about of this kind will assist the process of questions about the parties’ commit­ what the role of observing elec- empowering women to stand up for ment to women’s representation. tions entailed. They were not even themselves and take the responsibil- When it matters most for political aware that their role required that ity for their development. They will parties to voice and defend their they observe all the phases of an empower women to get the neces- policies and manifestos, women election: pre-election, election-day sary skills for political leadership. were not considered to be the best and post-election periods. They also Throughout the elections, atten- people to represent the parties, but had expectations of transportation tion has been on political parties’ ac- at ceremonial events like the signing and structure of report writing from tivities. There were some instances of the Code of Conduct, women the IEC. It was very clear that they when women were involved and were given the limelight. were not briefed enough by their others where they were left out In some instances, one could see organisations and therefore were completely. from the body language and the not ready and prepared for the work As a point of reference, the sign- facial expressions on the women they were about to embark on. ing of the Code of Conduct was one selected to talk that they were not opportunity where political parties really clear on what they were The role of party agents afforded women a chance to repre- expected to say on behalf of their Party agents are members of the sent their parties and take an oath political parties. respective political parties who on their behalf. At this event, it was Within the IEC in the Free State, have been selected and registered very clear that most of the women women are visible and they are by the political parties to serve as involved were not sure of their role given the space and support to their eyes and ears throughout the and therefore not comfortable. specialise in their areas of expertise. voting process. These party agents The event which saw women In formal sessions with the IEC, one should be trained to be vigilant; by highly motivated to take on a got to experience them in action ensuring that the voting processes leader­ship role was during the and they are indeed in control of are procedurally correct and just. Women’s March on 16 April 2009 in their fields. There is also harmony The party agents worked closely Bloemfontein, organised to propose in the working relationship among with the presiding officers at voting and demand that Maitland Street women and men in the office, giv- stations and were involved in all be renamed in honour of a woman ing a united front representing the situations whenever voters needed – Lilian Ngoyi, who was a leader in IEC in the Free State. assistance.

133 EISA Election update south africa 2009 no 5

As stated in section 59 (1) – (3) within a peaceful environment It is also a cause for serious of the Electoral Act, Act 73 of 1998, of different political parties with concern that there are not many the powers and duties of agents are diverse ideologies singing and observers accredited to observe the very clear and if expressed well dur- dancing in the same space. elections of 2009 in the Free State. ing elections, then the party agents The media, throughout the elec­­ Worse still, the two institutions of would not be in doubt or in conflict tion period, provided continuous higher education, the University of with the presiding officers at voting updates about all the 20 municipali- the Free State (UFS) and the Central stations. ties of the Free State. Journalists and University of Technology (CUT) In the Free State province, party reporters were scattered all over the were nor registered / accredited to agents played their role very well Free State and reported on situa- observe the 2009 elections. Elections during the voting process as well tions as they happened. make governments and this should as throughout counting. According Local languages were used be important enough for any institu- to the media briefing done by Mr optimally in reporting on the Free tion of higher learning. Mepha, no complaints were reg- State and ordinary people within The only domestic organisations istered from voting stations with the society managed to keep abreast eventually accredited to observe regard to the fairness of the process. with the developments and felt free elections in the Free State, as con- This suggests that the party agents and comfortable to make comments firmed by the IEC, are: did their work well. about how they experienced the Party agents continued to over- voting process. Organisation Area of see the counting process until com- The media briefings at the IEC Deployment pletion. They were present when offices in the Free State were well at- South African Council All municipalities results were verified by auditors tended and held regularly through- of Churches from PricewaterhouseCoopers in out the election day as well as on Infortex MANGAUNG the different municipalities. A high the days that followed. During level of transparency prevailed, counting on the 23 April 2009, the Young Women MANGAUNG Christian Association and this improved the level of media made follow-ups during trust in the system. The level of media briefings and there was transparency also made it easier for enough excitement and interest in In the past few elections, the the media to do their job, bringing the processes. Political Science department of the fresh updates to the communities University of the Free State took continuously. Role of domestic part as an observer. Hopefully, election observers the department will participate Role of the media As already mentioned earlier, it again in this capacity in the next Apart from broadcasting from the remains a concern that almost all election. Elections serve as excellent studios in Bloemfontein, the media people who attended the briefing platforms for students to learn more made an effort to visit areas in the sessions of the IEC did not really about their own country. Free State; small towns and rural understand what the role entails. areas, townships and suburban There was a tendency to confuse the Role of the youth areas. Closer to the elections, on 15 role of the observers with that of IEC From the official records of the IEC, April 2009, SAFM Radio station vis- officials. Some people were expect- it is clear that just over 27 per cent ited Bloemfontein. A live broadcast ing the IEC to provide transport and of the registered voters in the Free was done from Kagisanong Hall in instructions on what is expected of State were among the youth. The Rocklands Township, where politi- observers, as well as the structure queues at voting stations showed cal parties and their members were of report writing. that young people were commit- given an opportunity to debate This is a clear indication that ted to vote. Some political parties critical issues that affect the lives of more education on elections and such as the ANC and the FF+ made the local communities. The political civic responsibilities is necessary. an effort to help the youth at the parties present were the ANC, DA, There is a need for training on the University of the Free State with COPE, UDM, FF+, and PAC. All role of observers. For South Africa transport to get to the voting sta- had a chance to make a presentation and the Free State province to have tions. Mini-buses went in and out and answer questions raised by the a pool of credible observers who the campus, to make sure that as audience. will contribute to the deepening many as possible of the university This event gave members of the of democratic principles around students got to vote. local community a chance to clarify elections, it is important to give at- This was done with great respect the information that they had read tention to this aspect. All organisa- for the secrecy of the ballot. There in the parties’ manifestos and also tions which might be interested in was no intimidation reported and to pledge their support for their playing this role in the future need everything went very smoothly. parties. This broadcast took place to be empowered. This was subtle campaigning, but

134 EISA Election update south africa 2009 no 5 also a contribution to the turnout are empowered will bear fruit with All these role players, once they of the voters. time. This goes for the role of the realise how critical their roles are, youth as well. will be able to play their respective Conclusion The media plays an indispens­ parts well. The roles of candidates and party able role in elections and in support agents are critical and political of democracy by bringing informa- references parties should play their supportive tion to the people and providing IEC Media Briefing, April 23 2009. roles to ensure that democracy platforms for interaction among all Electoral Act 73 of 1998. deepens. The participation of women Live Broadcast of SAFM in Bloemfontein, role players. Rocklands, 15 April 2009. will continue to be emphasised Domestic observer missions Briefing Session of Domestic Observers, April and efforts made by the Free State remain important and require inten- 15, 2009. Observations on Election Day, 22 April province in ensuring that women sive training and support. 222009.

GAUTENG

Shaheen Buckus – Independent Researcher and Ebrahim Fakir – EISA

Role of candidates are nonetheless welcome to visit who are women, and the Chief All candidates are bound by the polling stations and observe the Electoral Officer. From a provincial Electoral Code of Conduct. Thus, unfolding processes associated with perspective, the majority of electoral sub-section 99 of the Electoral Act the elections.2 If candidates feel that staff, including the temporary staff No 73 of 1998 declares: ‘The Elec- their party is being prejudiced or in the Gauteng Province, were toral Code of Conduct must be treated unfavourably they could female. subscribed to by every candidate raise this with the appropriate In terms of the numbers of vot- before that candidate may be placed party agent accredited by the IEC. ers, at the national level, women on a list of candidates in terms of The electoral law provides for represent the majority of voters reg- section 31e’. political parties to display party istered, as they comprise 55 per cent The purpose of the Electoral regalia outside polling stations. of those registered as opposed to Code of Conduct is to promote However, in Gauteng some 45 per cent of men.4 In the Gauteng conditions conducive to free and overly fervent political parties region, the proportion of women fair elections, including political displayed party material within registered was not as great as the tolerance, free campaigning and the perimeter of some voting national percentage, comprising 51 open public debate.1 The Code re- stations and were consequently per cent of the voters. quires every party and candidate to asked by presiding officers to publicly state their commitment to remove this. According to the EISA The role of party agents a range of rights allowing everyone observer mission, this practice, Each participating political party to, inter alia, freely express their while not a direct legislative has the right to have two party political beliefs and opinions and infringement, can be tantamount to agents at a voting station. In the to challenge and debate the political campaigning. Therefore the mission Gauteng region, which had 2,295 beliefs and opinions of others. has recommended that the law be polling stations, this translated into The primary role of candidates amended to dissuade and prohibit a total of 4,590 party agents. Party during an election is to represent this practice.3 agents are accredited by the IEC and their political party and campaign accordingly can play an official role for that party. They do not have any Women’s participation in terms of observing the voting and formal public administrative role The participation of women in the counting process. during the elections, as this role is election can be gauged primarily The salient roles of party agents the preserve of election officials and at two levels – firstly as voters, are: party agents, though candidates and secondly as electoral officials, may be allocated administrative including party agents, election • To further ensure that the elec- and logistics tasks related to the observers and security personnel. In tions are free and fair, agents conduct of the party’s campaign. terms of electoral staff at senior level, must be present when a presid- Certain poll-watching functions, women are favourably represented ing officer considers an applica- however, are largely the domain of in the form of the chairpersons tion by a voter who wishes to registered party agents. Candidates and powerful commissioners vote at a voting station outside

135 EISA Election update south africa 2009 no 5

the voting district in which he or recommend it be declared unlawful Role of domestic she is registered.5 through legislation.8 election observers • Two agents are present when a The IEC has accredited a large con- presiding officer assists a voter Role of the media tingent of domestic election observ- who cannot read or write to The media plays three critical roles ers – estimated to be in the region of vote. in the elections, namely information 4,900.11 The primary national obser- • Party agents are also present provision, analysis and open debate vation effort was undertaken by the at the start of voting to ensure and discussion.9 A few examples South African Civil Society Election that ballot boxes are empty, illustrate the different roles played Coalition (SACSEC). Concomitant and when filled ballot boxes are by the media. with this was the Election Moni- sealed, they may attach their In terms of the information role, toring Network (EMN), which de- own seals and record the seal the media must inform citizens of ployed a smaller mission.12SACSEC numbers. the secrecy of the ballot. With re- is a national initiative of over 40 • Agents are also present during spect to the analysis role, the media non-governmental and faith-based the counting and the signing of should compare and contrast candi- organisations and has offices in all the results slips which record the dates and political parties as well as nine provinces.13 In the Gauteng results at the voting stations. the programmes. Finally, pertaining province, there were approximately • As mentioned above, there is to open debate and discussion, the 18 accredited domestic observers. one party agent at three points South African Broadcasting Coop- The primary role of observers respectively namely the voters’ eration (SABC) organised political in an election is the purposeful roll table, finger-inking and party debates providing platforms gathering of information regarding ballot-issuing. for party aspirants to discuss key an electoral process and the making issues of concern to voters. of an informed judgement about the 6 A survey conducted by the HSRC The media’s role in the general process on the basis of the informa- amongst 352 observers at 400 poll- election is regulated by the Inde- tion collected. The purpose of gath- ing stations found that 267 (76%) pendent Communication Author- ering this information is to arrive at of observers reported seeing party ity of South Africa (ICASA) and a conclusion as to whether or not the agents in voting stations. Further, specifically the Regulations on Party election is transparent and free and 332 (96%) of observers mentioned Election Broadcasts, Political Adver- fair. Domestic election observers are that procedures at voting stations tisements, the Equitable Treatment more beneficial than international were fair. Five per cent of the 332 of Poltical Parties by Broacasting observers because they stay on observers attribute this fact (fair vot- Licensees and Related Matter. The for longer and are able to contex- ing procedures) to no party political regulations cover important issues tualise reports as they understand disruptions because party agents such as the appropriate timeframe local dynamics and South African did not interfere with proceedings to inform ICASA of a party election languages.14 Notwithstanding this and refrained from intimidating broadcast; editing of party adver- difference all election observers voters. tisements and election broadcasts add immense value to the electoral According to the South African are forbidden but can be refused; process as they confer legitimacy 7 Civil Society Election Coalition, written reasons must be given for on the process by providing an in- on Election Day in Gauteng, party any refusal and if a party makes dependent, impartial and objective agents were present from an array any changes the broadcaster must perspective. of parties including the ANC, DA, inform ICASA.10 COPE, UDM, IFP, ID and PAC. Par- Television and radio coverage of Conclusion ties such as Nadeco, ACDP, AZAPO the elections kept voters informed The election generally went off and PAM were present in some sta- and updated of the latest develop- smoothly in Gauteng, with the only tions. In some cases they assisted ments including any problems that problem at polling stations being electoral staff with the counting might be encountered at polling the shortage of ballot boxes due procedure. stations such as long queues and to the overwhelming number of There were no significant chal- the shoratge of ballot papers. Media voters that turned up. All actors – lenges faced by part agents in coverage provided viewers with candidates, media, women and do- Gauteng despite their lack of clarity in-depth reports of results as they mestic election observers – played in relation to voters wearing party trickled in. a constructive role and participated regalia. Despite this, the HSRC survey meaningfully. There were generally According to the EISA mission reflects that only 45 (13%) observers no official and conclusive reports this practice is not in contravention noticed polling stations being vis- of voter intimidation, electoral of the electoral law but is antitheti- ited by radio, television and other violence or any other significant cal to international practice and they media reporters. complaints.

136 EISA Election update south africa 2009 no 5

Endnotes 1 www.idasa.org.za/gbOutputFiles. 6 HSRC: 2009. IEC voter and election 11 http://www.elections.org.za/news_ asp?WriteContent=Y&RID=2476 observer report. get.asp?press=0&NewsID=413&Opt 2 Interview with Walter Shiburi (IEC 7 SACSEC: 2009. Report on the 2009 =&Data=&RecNum=21 Gauteng provincial office) National and Provincial Elections. 12 http://www.eisa.org.za/WEP/ 3 http://www.eisa.org.za/EISA/ 8 http://www.eisa.org.za/EISA/ sou2009eom.htm pr20090424.htm 13 www.sacc.org.za/news08/sacsec. pr20090424.htm 4 http://www.pmg.org.za/ html report/20090127-independent-elec- 9 www.elections.org.za/MultiStake- 14 Interview with Walter Shiburi (IEC toral-commission-report-financial- holderConference/DocumentView. Gauteng provincial office). statements-20072008 aspx?pklDocumentID=69 5 http://www.buanews.gov.za/ 10 www.idasa.org.za/gbOutputFiles. rss/09/09042115251001 asp?WriteContent=Y&RID=2476

KWAZULU-NATAL

Salomé van Jaarsveld – ACCORD (writing in personal capacity)

Polling to affirm publicly their commitment responsibility for their members’ South Africa held three successful to free and fair elections, and to actions. At some point, it seemed national and provincial elections promote and protect the rights that Mkhize’s bodyguards, who in 1994, 1999 and 2004. In 2009, of women to participate in all were ‘brandishing big guns’, might elections took place in the context electoral activities, the act also inflame the situation. According of political tension, nationally and requires parties and candidates to to reports the IFP Umtshezi con- owing to recent electoral problems condemn publicly any action that stituency chairperson felt that the in a number of African countries undermines free and fair elections.1 weapons were used to threaten IFP such as Kenya and Zimbabwe, The code prohibits incitement to supporters, although the presence continentally. The elections were violence, making false of defamatory of the police and army probably closely monitored and thousands allegations, discrimination, the averted confrontations.2 Mkhize of international election observers removal or defacement of election also visited other polling stations descended on South Africa, joining materials, and so forth. around Estcourt (a hot spot area, the domestic observers. With the elec- To this end, let’s consider the focus of international and domestic tions behind us, the results accepted role that some political party can- observers), such as Emabhanoyini, by all parties and the process widely didates and other party members Imbabazane, KwaMashu and Nta- regarded as successful, free and fair, played on Election Day, and the bamhlope, where he monitored the it is instructive to look at the roles extent to which their actions and situation.3 Siyabonga Cwele, the various agents played on the day of statements contributed (or not) to minister of intelligence in the prov- polling in the KZN province. This the relative peace during the elec- ince, also visited the area on polling update will consider the roles of tions in KwaZulu-Natal. day and reported that the police candidates, party agents, the media A number of acts of political would stay in the area for a number and domestic election observers on intolerance were recorded at Wem- of days after the elections.4 polling day. It will also briefly con- bezi Township, outside Estcourt IFP leader Mangosuthu Buthele- sider the participation of women in on the day of the elections. A small zi cast his vote in the province and the polling process. group of IFP supporters tore down visited other voting stations in the ANC flags from a cavalcade and province afterwards. In a move that The role of candidates blockaded the road with rocks. The could have exacerbated existing ten- The aim of the Electoral Code of IFP members then gathered outside sions, especially in the 164 violent Conduct, appended to the Electoral the main polling station before the hot spots, Dr Buthelezi claimed on Act of 1998, is to ensure free and fair arrival of ANC provincial chair- television on the morning of the competition between competing person Zweli Mkhize (who was elections that the party had received parties, and to prevent violence, tipped to be next premier for the information that ballot papers were intolerance and intimidation. It province). Later, at Emahhashini printed at night in the offices of applies to all parties and candidates also in Wembezi, Mkhize talked the KZN Premier, S’bu Ndebele. contesting the election. In addition with leaders from both the ANC A ‘little war’ of words erupted to requiring parties and candidates and IFP, reminding them of their between Buthelezi and lawyers for

137 EISA Election update south africa 2009 no 5

Mr Ndebele on the day, after which agent may and may not do within influence or persuade a person to Dr Buthelezi stated publicly that the boundaries of a voting station: vote or not to vote. he did not imply that Mr Ndebele • While party agents are important had any knowledge of the alleged • They may not interfere with the to ensure that the process is free irregularities taking place in his of- voting processes in any way or and fair, it does not invalidate fices. Dr Buthelezi also reported on with voters in the station. the proceedings if there are no stuffed ballot boxes being found in • While observing proceedings in party agents present at a voting an IFP stronghold, reportedly with terms of section 59(1) of the Act, station. ballot papers marked for the IFP, an agent must not interfere with but noted that it was probably down the proceedings but may lodge Party agents’ role during counting to ‘dirty tricks’ by other political objections with, or bring any 5 parties. The case was investigated irregularities to, the attention of • Check and verify the seals on by the SAPS and Mr Cwele and an the presiding officer. the ballot boxes to ensure they election officer were arrested shortly • The presiding or any other are intact (i.e. unbroken) before afterwards (ibid). officer in a voting station must the boxes are opened. allow at least one of the party • Witness the process whereby The role of party agents agents present in the voting the status of questionable ballot With the exception of a number of station to observe proceedings papers is determined. unrelated incidents, the 2009 elec- at each of the following points: • Witness the completion of the tions are regarded as having been a) The voters’ roll station result forms and add their sig- free and fair, and are uncontested b) The ballot paper station natures. by the conceding parties. The role c) The inking station. • Copy the results for that voting that party agents played – especially • At least two party agents present station. to engender faith and transparency in the voting station must be al- • No communication with people in the voting process – is of utmost lowed to observe the application outside the venue is allowed un- importance. proceedings in terms of section til counting has been finalised. Their efforts to bring irregu- 24A of the Act. larities to light, contributing to free • Party agents will be accom- The ANC deployed 17,000 party and fair elections, will no doubt be modated, as set out above, on agents in voting stations in the prov- contained in observer mission re- a rotational basis agreed upon ince in this year’s elections to ensure ports (still forthcoming). It is useful, among themselves, or should that the elections were free, fair and however, to consider the appoint- they fail to do so, as directed by uncontested. The intention was for ment, powers and duties of party the presiding or deputy presid- agents to monitor the situation and agents, as set out by the Electoral ing officer report on problems straight away 6 Act 73 of 1998. • The allocation of party agents, and report to a call centre to gather as set out above, must be in a details. The party’s provincial • Party agents can be present at manner that ensures all parties secre­tary, Senzo Mchunu, said the the voting and counting sites have an equitable opportunity operations room would be linked to and must wear prescribed tags of observing the process. every single agent and candidate on that state ‘Party Agent’ and the • They may only communicate the ground so that problems could party they represent. with the presiding officer or be dealt with quickly.7 Although it • Only two agents per party may his or her deputy and not with is unlikely that Cope could muster be appointed to a voting station. ordinary voting officers. similar resources, in a briefing docu- If the counting takes place at a • They may not display or dis- ment to party agents titled ‘Will different venue from voting, tribute any information about you COPE on election day?’ the then the agents can be increased their party, nor may they wear party provided a full briefing for its to four per party. or carry any item that displays party agents. It asked agents to ‘be • An agent must be a South a party logo, picture or sign. very vigilant to ensure that every African citizen and cannot be a • Party agents and candidates COPE vote counts’. In particular it candidate for that election. must comply with any orders highlighted the importance of the • Every agent must be issued with given by the presiding officers. special vote and for party agents to an appointment form by his or • They may witness the voting be present during special voting. her party and notice given to the proceedings, except the marking presiding officer. Appointments of the ballot. Role of domestic can be revoked in a similar fash- • They may not display or distrib- election observers ion using other forms. ute any party billboard, poster, Schedule B of the Electoral Com- placard or pamphlet. mission Regulations Concerning The law also regulates what a party • They may not attempt to induce, the Accreditation of Observers and

138 EISA Election update south africa 2009 no 5

Code of Conduct for Accredited Institute for Democracy in South a network of 500 member organi- Observers sets out that an observer Africa (Idasa) and the Black Sash, sations.16 and any person appointed by that reported on the day of elections Other, mostly African, observer observer should be non-partisan, that the day was marked by calm teams that were deployed national- neutral, competent and profes- and peace with no major incidents ly and in KZN included a Southern sional. It also states that observers of violence or intolerance. The Africa Development Community should provide the Commission organisation believes that citizens (SADC) observer team, a team from (IEC) with a comprehensive re- are becoming politically more the AU lead by Ambassador Salim view of the elections, taking into mature, that political parties have Ahmed Salim and an Electoral Insti- account all relevant circumstances been restraining themselves and tute of Southern Africa (EISA) team. including: importantly, that the vigilance and The latter deployed four teams in number of election monitors may KZN.17 • the degree of impartiality shown have averted some incidents. It by the Commission; also recorded that no one party was Role of the media • the degree of freedom of political claiming all the ‘political space’, During the election period, media parties to organise, move, as- evident in the absence of no-go and broadcasters are governed 11 semble and express their views areas. by the procedures and guidelines publicly; In a joint domestic and interna- set out in the Independent Com- • the opportunity for political tional observer effort in the prov- munications Authority Act 13 of parties to have their agents ince, former Nigerian President, 2000, which establishes Icasa (the observe all aspects of the Olusegun Obasanjo, headed the Independent Communications electoral process; African Alliance for Peace (AfAP) Authority of South Africa) as the • the fairness of access for political election observer mission, a collabo- relevant authority in media election parties to national media and ration between the Umhlanga-based matters. Icasa, on 14 January 2009, other resources of the state; African Centre for the Constructive issued ‘Regulations on Party Elec- • the proper conduct of polling Resolution of Disputes (ACCORD), tions Broadcasts, Political Adver- and counting of votes; and the Nairobi Peace Initiative and the tisements, the Equitable Treatment 12 • any other issues that concern the West Africa Network for Peace. of Political Parties by Broadcasting 18 essential freedom and fairness of Members of the observer mission Licensees and Related Matter. the election.8 were deployed throughout the The regulations require adher- province, and particularly in hot ence by parties and candidates to To this end, the Electoral Act 73 of spots such as Nongoma, Ulundi and the Electoral Act, the Electoral Code, 1998 sets out the role of observers other IFP strongholds in the north of the Constitution, the Broadcasting during polling.9 The act determines, the province, to observe the levels of Act and the Electronic Communica- 13 inter alia, that observers can observe violence and intolerance. tions Act. The regulations are bind- the election with respect to any After deploying more than 2,000 ing during the election broadcast voting procedure and all the steps monitors to at least 85 per cent of vot- period, which commences 120 hours of the counting process, including ing stations in the province in 2004, after allotment of time-slots by being present to view the opening the KZN Democracy and Election Icasa until 48 hours before polling of the seals of the ballot boxes and Forum (KZNDEF) also deployed commences. The regulations make 14 all the containers before counting. domestic observers in the province provision for, inter alia, time limits Observers can also take notes and as part of its coalition with the the on notifying broadcasters of party write reports on all aspects of the South African Coalition of Election election broadcasts, airtime quotas, counting process and raise any pos- Observers (SACSEC). SACSEC criteria for refusing to broadcast sible concerns with the Counting is a national initiative of over 40 party elections, and so forth. Officer. This of course does not limit non-governmental and faith-based On polling day, both the print, the activities of observers to the day organisations committed to free, fair radio and television media in the of the election and most observer and credible elections. province and nationally played a missions start observation in the Since 1995, the Coalition has key role in ensuring that elections run-up to elections and continue trained and deployed over 5,000 were free and fair. Nationally, with until after counting. domestic observers for national, breaks to cover provincial pro- Five thousand national and 355 provincial and local government ceedings, SABC2’s coverage of the 15 international election observers elections. The KZNDEF network election from the IEC results centre were deployed in the KZN is wide and inclusive, and includes in Gauteng was reported to be the province in the 2009 elections.10 the KwaZulu-Natal Christian Coun- most comprehensive yet. In a SAFM The Election Monitoring Network cil (KZNCC) network and the radio interview with William Bird (EMN), made up of local civil KwaZulu-Natal Community Based of Media Monitoring SA (which society organisations, including the Organisation Coalition (Comboco), has monitored every democratic

139 EISA Election update south africa 2009 no 5 election in South Africa), Mr Bird President Abasanjo was inter- does not refer to voting only but reported that of the 4,500 SABC viewed again and confirmed that, also whether: news items, 97 per cent were fair, from observation reports received, and were a ‘model for Africa’. He by and large the will of the people • women were considered during noted that smaller parties may was freely and fairly expressed. He polling (e.g. pregnant women or have lost out on media coverage, reported that no incidents of ‘a great those with children) as 30 per cent of coverage focused proportion’ were recorded that • there was evidence of intimida- 20 on political party infighting and would render the results invalid. tion or threats against women political identities, to the detriment Media coverage of the elections in particular during polling (be of issues such as HIV/AIDS, pov- and incidents in the province and it against voters or against those erty and unemployment. Mr Bird nationally on the day of elections executing some function); reported that provincial analytical went a long way to reassure voters • there was gender parity in the pieces were often more effective in and observers that elections were appointment of IEC officials, educating voters, as they looked at being largely freely and fairly con- party agents and domestic ob- 19 issues in depth. ducted. For example, when an IEC servers; Television coverage of the elec­ official was shot in QwaQwa, the • gender issues were considered tions started before dawn, and by IEC was quick to report that this in media coverage of the elec- 8.10am SABC2’s coverage indicated was a criminal and not politically tions. that a significant number of voting motivated act. SABC2 also reported stations were still ‘outstanding’, that by 9.40 am most polling sta- Surprisingly, there seem to be no re- (indicating either that the voting tions in the province were open ports available at the time of writing station had not yet opened (for after covering complaints earlier that address any of the above issues. a range of reasons) or that the that some remained closed. Early Post polling surveys over the next IEC simply could not reach the in the morning, the SABC also cov- few months will indicate the extent presiding officer to confirm that ered the discovery of ballot boxes to which female voters turned out the station was open. By visually with ballot papers in Ulundi, and to vote. Election observer reports, displaying, on a large map, the shortly afterwards interviewed Dr civil society organisations (such as areas where voting stations were Buthelezi, after he cast his vote in Women’s Net) and political parties not open, the media was able to put the province, about this discovery (such as Women Forward) who seek significant pressure on the IEC to and the allegations he made about to protect and promote the rights of ensure that the stations opened as ballot papers being printed in Mr women, should specifically consider soon as possible. Ndebele’s offices. These stories and highlight the above issues. A number of analysts were inter- were covered throughout the day viewed throughout the day, focus- by television, and later on that day Endnotes ing on national, as well as provincial and the next in the print media in issues. For the KZN province, Eddie the province.21 At 9.30 pm, SABC2 1 To see the Code of Conduct in its entirety, see http://www.elections.org.za/Docu- Webster of Wits University and switched to areas in the province ments/iec-a6_act.pdf Ebrahim Fakir (a political analyst) that had been identified as potential 2 ‘Estcourt a hot spot’, Daily News, 23 April provided perspectives of the future hot spots for violence. From Non- 2009. 3 ‘Barricade stops ANC, IFP tensions from of the IFP in the province. Mary goma, it reported that the area was escalating’, The Witness, 22 April 2009. de Haas, violence monitor, was quiet, that most voting stations were 4 ‘Estcourt a hot spot’, Daily News, 23 April 2009. interviewed, and highlighted the closed and that voting all day was 5 SABC 2 Election Coverage, 22 April importance of the 5,000 national peaceful. At 10.10 pm SABC2 News 2009. and 355 international observers in reported on earlier confrontations 6 The rest of this section is from ‘Party Agents and Observers’, Independent the KZN province. She also called in Estcourt, but reassured viewers Electoral Commission. Available at www. for more police to be on standby to that large numbers of police were elections.org.za/Documents/Voting2009/ Party%20Agents%20and%20Observ- respond quickly to intimidation and deployed and that the area was ers%20ZCard%20_2_.pdf accessed on 30 violence in the province and said peaceful and quiet. April 2009. that police should stay deployed 7 ‘ANC deploys party agents’, Sapa, 20 April Women’s participation 2009. until a number of days after the 8 Electoral Commission Regulations Con- announcement of results. Presi- In KwaZulu-Natal, over 4.4 million cerning the Accreditation of Observers people registered to vote, 57 per cent and Code of Conduct for Accredited dent Abasanjo was interviewed a Observers, Government Gazette, Vol. 405, 22 number of times throughout the day of these, women. With nearly six No. 19857, 17 March 1999, Regulation by both television and print media, out of ten registered voters in the Gazette, No. 6460. Available at http://www. elections.org.za/Documents/R362-1999. and early on indicated that he was KZN province being female, it is doc accessed on 1 May 2009. ‘cautiously optimistic’ but that there important to explore the extent to 9 This paragraph is from ‘Party Agents were concerns about flashpoints in which women participated in poll- and Observers’, Independent Electoral Commission. Available at www.elections. KZN province. Later that evening ing on the day of the election. This org.za/Documents/Voting2009/Party%20

140 EISA Election update south africa 2009 no 5

Agents%20and%20Observers%20 15 SACSEC begins preparations for 2009 Treatment of Political Parties by Broad- ZCard%20_2_.pdf accessed on 30 April elections, South African Council of Churches, casting Licensees and Related Matter’, 2009. 19 March 2008. Gazette #36102 published 14/01/2009. 10 SABC2 Election Coverage, 22 April 2009. 16 Personal Communication, KZNDEF Politi- Also available at www.icasa.org.za. 11 ‘Democracy comes of age’, The Witness, 22 cal Officer, 25 March 2009. 19 SAFM interview with William Bird, Media April 2009. 17 Interim Statement: EISA Observer Mis- Monitoring SA, 7.15am, 25 April 2009. 12 ‘Observers give elections in KZN the seal sion to the 2009 South African National 20 Ibid. of approval’, The Mercury, 23 April 2009. & Provincial Elections, EISA, 24 April 2009. 21 SABC2 Election Coverage, 22 April 2009. 13 Obasanjo to observe SA election, The Available at http://www.eisa.org.za/EISA/ 22 ‘Registration statistics as on 13 Feb 2009’, Times, 20 April 2009. pr20090424.htm accessed on 1 May Independent Electoral Commission, www. 14 More than 2,000 election monitors for 2009. elections.org.za, accessed on 13 February KwaZulu-Natal, SABC News, 31 March 18 ‘Regulations on Party Election Broadcasts, 2009. 2004. Political Advertisements, the Equitable

LIMPOPO

Lesiba Teffo – University of Limpopo

The role of party agents had to be expelled or barred from ance in a manner that is consistent Sections 58-59 of the Electoral Act entering voting stations due to with international norms and stand- provide for the appointment of conduct inimical to the spirit of ards. It has become an acceptable party agents, their powers and the elections. This information was practice to have both domestic and duties. Political party agents, as provided by the Provincial Electoral foreign observer missions during per these provisions, are elected by Officer (PEO) at one of her briefing national democratic elections. This their own parties to represent them sessions with political party agents is construed as an efficient method during the elections. Their primary and the media at the Provincial of gauging the freeness and fairness responsibility is to observe if the Electoral Centre in Polokwane. A of elections in such countries. elections are conducted in a free communiqué to this effect was also The role of domestic observers and fair manner. They therefore do issued. Additional information in does not differ substantially from not have an active role to play in the this connection can be obtained that of the political party agents. The sense that they can dictate terms to from her office. A typical example only material difference stems from appointed IEC officials. The two are would be an attempt to influence the fact that domestic observers are not at the same level of operation, voters to vote for parties of their appointed by their institutions and and their roles and responsibilities preferences rather of the voters’ organisations, and not by political are distinct and should never be choice. The Act does not allow parties themselves. The mission confused or conflated. There is anybody, let alone an elected official is the same but the report of the always a temptation on the part of with a letter of appointment from outcome is intended for use by the party agents to arrogate powers that his/her party, and accredited by the mother bodies, for example, EISA, do not belong to them. IEC, to flout the rules. SACC, SADC, AU and EU. Each Party agents are subject to the Political party agents are re- has its own agenda. For example, Electoral Act and as such they quired to undergo some training an institution may want to use the should always conduct themselves under the auspices of the IEC. Inter credibility and legitimacy of the within the confines of the law. The alia, they are trained on the proce- election results to determine if it Act stipulates clearly the roles of dures for lodging complaints and should grant a loan or donor aid to various parties, candidates, agents objections, as the case may be. But the government. It is therefore pru- and officers at the polling stations. most importantly, their role is to dent to have independent observers The integrity of the election results observe or monitor the proceedings attesting that the election was free is informed in the main by the in the interests of the party and the and fair. This is a loaded expression conduct of various role players. The nation so that they may ultimately that can ruin or build a government. overall impression gathered from be declared to be free and fair. As is the case in any leadership con- the media, print and electronic, as test, the legitimacy of the process is well as through observation, attests The role of domestic as important as its outcome. to the fact that party agents have observers International observers from generally acquitted themselves The continuing interdependence Accord, SADC, AU, for example, well. There were, however, in­ among nations of the world impels came on board and played a similar stances where some party agents every country to conduct its govern- role. They ensure that elections

141 EISA Election update south africa 2009 no 5 run smoothly and report this to and thereby compromising objectiv- terms of comparative analysis, the their respective governments and ity. Some of them blatantly behaved 2009 figures are a significant im- organisations. As a matter of like embedded journalists. This is provement from the 2004 electoral fact, the presence of international a blot on a media that has earned situation with regard to women’s observers gives credibility itself some kudos over the years as participation and representation as to the election, even before the fearless, objective, tenacious, and candidates and public office bearers. commencement of the process. I critical but patriotic. The SABC I, however, remain concerned that suspect this is informed in the main was also accused of blacklisting we should move with speed to a by the fact that rogue governments certain commentators whose views stage where women are appointed never allow international election differed with those of the ruling on merit and not due to affirma- observers on their shores. They party bosses or deployees at the tive action. This policy spawned seldom play the game by the rules corporation. more contradictory conduct and because they are afraid of being appointments than was anticipated. exposed and having to contend Women’s participation Equally, it even cast some doubts with the consequences. Chapter nine, section ninety-nine on on those women who are clearly As in sport, when teams are the role of women provides among deserving and worthy of the offices engaged in a contest, there should other things that every registered they had. be a referee. The rules of natural party and every candidate must: justice do not allow someone to be Role of candidates both a player and a referee. Other a) Respect the right of women to Chapter seven sections thirty-five international observers did not communicate freely with parties and thirty-six of the Electoral Act come because there was a sense that and candidates; on the role of candidates and agents South Africa’s nascent democracy b) Facilitate the full and equal par- prohibit certain conduct within the was on course, and that after three ticipation of women in political voting station. For example, no flawless general elections, she can activities; agent or candidate may within the be trusted to be upholding the law, c) Ensure the free access of women boundaries of a voting station: and promoting and deepening to all public political meetings, democracy. marches, a) display or distribute any party demonstrations, rallies and other bill-board, poster, placard or The role of the media public political events; and pamphlet; Section 89 of Electoral Act provides d) Take all reasonable steps to b) wear, carry or display any cloth- how every registered party and ensure that women are free to ing, headwear, footwear or other every candidate should relate to engage in any political activi- apparel in such a manner that the media. ties. any political party is visible; By and large the media c) attempt to induce, influence or acquitted itself well during the Prior to the 22 April 2009 Elections persuade a person to vote or not elections. There was commendable the IEC reported that women con- to vote for a particular party; compliance by both the media and stitute 54.88 per cent (12,722,622) of or political parties. Liaison with the South Africans who are registered d) attempt to induce, influence or IEC officials was commended by to partake in the elections. Gauteng persuade a person not to vote. the officials themselves. There was province scored the highest number also a healthy partnership in terms (2,783,841) of women voters as Candidates just like party agents of information dissemination, and compared to all other provinces. were at times tempted to flout the alerting each other about potential Next is KwaZulu-Natal (2,548,839), rules in order to advance their own and actual irregularities. Some then Eastern Cape (1,772,999), cause. There were reported cases reports to the IEC came directly Western Cape (1,418,474), Lim- of the violation of procedures and from the media. popo (1,360,851), Mpumalanga protocols. But the quantity and sub- There were, however, instances (924,165), North West (858,354), Free stance of transgressions could not where journalists from print and State (757,081), and Northern Cape detract from the overall credibility electronic media sought to use their (298,018). About 54.30 per cent of of the results. As reported by the positions to influence the elector- new registrations are women and PEO, some violations like the wear- ate in one direction or another. In predominantly within the age cat- ing of T shirts with political logos some cases there were deliberate egory of 18–29. were considered not deliberate but distortions of certain messages and It is also reported that 38.37 per a consequence of forgetfulness, es- profiles of some individuals. There cent of candidates for 2009 elections pecially because the culprits always was also evidence of journalists are women as compared to 61.63 showed remorse and willingness to projecting personal views as facts, per cent of male candidates. But in redress the indiscretions.

142 EISA Election update south africa 2009 no 5 north west

Bernard K Mbenga – North-West University

Security preparations investigation by IEC officers and the were shortages of voting materials, for the elections presiding officer, it was established such as ink, etc, but these were A police official, Senior that such an incident did not, in rushed to such stations quickly and Superintendent Kebaakae Metsi, fact, occur. they arrived in time for the voting reported on 21 April 2009 that process to resume. 4,268 uniformed police personnel Election observers Various non-governmental had been deployed throughout To ensure the credibility and organisations (NGOs) also sent the province as a precautionary transparency of the elections in their observers – about 20 measure against any potential and their outcomes, a number of in all. There were also local security threat to the forthcoming international observers came to observers. The latter were rather elections. Furthermore, police observe the voting process in the disorganised. Many of them detectives had been put on standby province. A number of international claimed to have accreditation to investigate any possible election- observers were sent in by the and yet when requested by the related complaints, in addition to African Union headquarters in provincial IEC officials to produce strategies of routine policing and Addis Ababa, Ethiopia. But they such identification, they could not crime prevention (TV News 24, did not come from Ethiopia itself. produce any. Upon verification 20h30, Tuesday 21 April 2009). Upon arrival into the country, with the Head Office of the IEC in There were 1,502 polling they all headed directly to the IEC Pretoria, the problem was found stations in the province, based headquarters in Johannesburg. to be one of poor communication on the numbers reflected on the From there, they were distributed between the observers, the IEC voters’ roll. Prior to the election to the various provinces. Seven were Head Office and the IEC Provincial itself, preparations included sent to the North-West Province: Office. Clearly, this is an area that advertisements through posters one from the Gambia; one from needs attention in the future, before everywhere, including some the Angola; one from Mozambique and any election takes place. remotest parts of the province, four from Botswana. which is mostly rural. Polling Following their briefing at the The media stations were well-staffed, each with IEC provincial office in Mmabatho, The various forms of the media one presiding officer and his/her with their IDs on their persons, reported on the election process, deputy, plus another seven officials they donned their bibs labelled from the registration of voters, the under the two polling station ‘Observer’, had their accreditation recruitment and training of staff, the leaders. In this province, all Party cards and were given location maps voters’ roll at the voting stations, Liaison Committee members from of the various polling districts the voting process, party agents, all parties checked the credibility, and stations in the province. The security material, ballot papers, reliability and integrity of each observers from the Gambia, Angola results and seat calculation, the call polling station’s presiding officer and Mozambique all had their own centre, etc. and his/her deputy to ensure transport and so mobility around The Mafikeng Mail, the Herald, that they met all the criteria for the polling stations in the province and other local community papers, the positions: e.g. integrity, good was not difficult. the SABC-TV, various radio stations, standing in the community and However, the observers from e.g. Mafisa, Motsweding and SAFM, not holding a senior position in any Botswana did not have their all reported on every stage of the political party. own transport, a matter which election process. The voting process itself compelled the IEC provincial office generally went very well, without to assist them with transport. All Political party major obstacles to the voting the observers went out to polling representation at process. However, in one of the stations very early in the morning polling stations polling stations in the Madibeng and returned to their hotels late In all, 16 political parties Municipality in the Brits area, the in the afternoon. None of them participated in the election. All Democratic Alliance (DA) party reported any anomalies in the voting stations in the province alleged that there had been an voting process or in the physical set- had opened on time and voting irregularity regarding one or two up of the polling stations. At some generally took place smoothly. All pre-marked ballot papers. But upon polling stations, however, there polling stations were adequately 143 EISA Election update south africa 2009 no 5 staffed, with an average of about order to know their responsibilities and he certified them user-friendly, nine members of staff manning as party representatives at polling suitable and usable. Nevertheless, each voting station. With regard to stations. This last point is the opinion blind voters still had to be helped political party agents covering the of the provincial IEC’s Outreach by voting staff. actual voting, the provincial IEC was Manager, Mr Moss Makodi not happy with that aspect because (personal communication, Moss Results operations of the fact that although every party Makodi, IEC Offices, Mmabatho, centre, Mmabatho participating in the election was 28 April 2009). Clearly, in future The SABC regional studio in its required to send its representative elections, this ought to be given Mmabatho premises hosted the to each polling station, some of the more attention by all participating EIC’s Regional Operations Centre parties did not. political parties. (ROC). The ROC, with some 60 There seems to have been a For the first time in the history personal computers and printers as general apathy in this regard. At of elections in South Africa, some of well as temporary offices, made the every polling station, there ought the ballot papers had been prepared voting results available practically to have at least three representatives in Braille, specifically for blind vot- on a minute-by-minute basis. The from each political party present. ers. A blind official working for the ROC did not experience any major This has been attributed to a lack Office of the Premier in Mmabatho hitches regarding the results, apart of training of political party agents was requested to check the us- from minor complaints, which were – they need to be trained properly in ability of the Braille ballot papers attended to and resolved speedily.

WESTERN CAPE

John Akokpari – University of Cape Town

National and provincial polling This was particularly needed in the Alan Boesak, the candidate for was conducted on 22 April 2009. Western Cape, which clearly became COPE, voted at his polling district in This was South Africa’s fourth a hotly contested battleground. On Somerset West. The media captured democratic elections. The polling a general note, all party candidates the voting of all the leading party itself generated a great deal of conducted themselves well on poll- candidates, some of whom used enthusiasm as a large proportion ing day. All expressed optimism the occasion to either express their of registered voters turned out to about their chances. Helen Zille in views on the outcome of the polls or cast their vote. This update focuses particular was confident about the made general political statements. on the role of candidates; the par- DA polling a majority of votes and For example, Alan Boesak, whose ticipation of women in the process; not only displacing the ANC, but nomination as COPE’s provincial the role of party agent; the role of also forming a government. Patricia candidate generated a degree of the media and the role of domestic de Lille maintained that only the controversy, said shortly after cast- election observers in the poll of 22 people of the Western Cape could ing his vote that for people in the April. deliver a verdict on who would gov- Western Cape the April 22 election ern them. The general mood among was about ‘freedom and what it is The role of candidates leaders of the DA, COPE and the ID that political parties deliver in terms Much expectation was placed on was one of optimism in outwitting of the promises they’ve made.’1 As candidates in the days leading to the ANC and preventing it from opinion polls pointed to the party’s the pools of 22 April. Given the governing the province. losing of ground in the province, Pa- stakes in the elections it was clear The party candidates set good tricia de Lille on voting day opened that unguarded utterances by party examples by casting their votes at the doors to possible coalition with candidates could potentially in- their respective voting districts. other opposition parties, a position cite supporters into violence. To a Helen Zille, the DA candidate, cast she publicly declared after results large extent, candidates conducted her vote shortly after 8:00am at showed a dismal performance by themselves professionally in their the St Paul’s Anglican Church, in the ID.2 campaign trails. Such professional Rondebosch in full view of the me- conduct was expected on polling dia. Patricia de Lille, the ID leader, Women’s participation day. Party candidates were expected cast her vote at the Pinelands Com- Women participation in the 22 April to be exemplary in their conduct. munity Hall at about 7:20am, while polls can be discussed under two

144 EISA Election update south africa 2009 no 5 headings: first, women as voters election. Of the top ten candidates various polling stations. However, and, second, women as candidates. on the national list, 5 were women. with 1,541 voting districts across Statistically, women make up the In the Western Cape 19 out of the the province, it proved difficult for majority of registered voters in the 41 candidates on the provincial some parties to deploy two agents Western Cape. Of the total 2,634,439 candidate list were women, which to each polling station. Unable, in people registered to vote in the fell just short of the 50 per cent ideal. practice, to deploy agents to all province 1,418,474 were women,3 Lynn Brown occupied the number 2 polling stations, some political par- representing 54 per cent of the total spot on the ANC party list. ties stationed agents only in voting voting population. The DA was very strongly against districts considered strongholds. At the time of preparing this quotas of any kind in all areas of The dominant parties – the ANC, update neither the national nor the social, political and economic life. COPE and DA – were, however, provincial IEC office had worked Despite this, the percentage of the able to station party agents in all the out the proportion of registered party’s women representatives polling stations in the Cape. women voters who actually turned increased from 23 per cent in 2004 The main function of party up to vote on polling day. However, to 35 per cent in 2009. There were agents was to ensure transparency given that since 1994 there has been 12 women out of 42 names on the in the voting process. In this regard, a pattern of more women than party’s Western Cape candidate list they saw to the smooth running of men registering and voting in the for the 2009 elections. Party leader the voting and also ensured that the province, it is probable that more Helen Zille topped the list as she process was conducted in accord- women than men cast their vote on is running for the premiership of ance with the provisions of the IEC 22 April. It is widely assumed that the Western Cape. The ID leader, and the electoral laws. Essentially, women are more politically active Patricia de Lille, ran for premiership party agents ensured that anyone than men regarding voting because of the province and topped the coming to vote was duly registered the former are usually more the party’s national list. The ID had only and that polling officials did not victims of the challenges facing the six women out of the 22 candidates engage in acts that compromised country – crime, violence, diseases on its provincial list. COPE was the their impartiality as electoral offic- and poverty. Women are therefore only major opposition party in the ers and the credibility of the voting more inclined to vote in an attempt province that did not field a female process. to improve upon their conditions. candidate for the premiership. More crucially, party agents According to Genderlinks, gen- Although COPE had 50 per cent observed the counting of votes to der issues did not really feature as representation of women in its ensure transparency and credibil- key in the policies of the major op- national executive council, it had no ity in the process. As Mr Jonathan position political parties – COPE, specific gender quotas. The Western Moakes, the deputy CEO of the DA, IFP, UDM and ID. The only Cape candidate list was headed Democratic Alliance (DA), ex- party that made specific reference by Alan Boesak and contained the plained in an interview with the to gender issues was the ANC. The names of 19 women out of a total of press, party agents had a crucial role report also found that the ANC 42 names, a number that was just to ensure that ‘nothing funny’ hap- and COPE were the only parties under 50 per cent. pened during the counting process. that suggested targeted women’s Party agents were to raise objections projects in their manifestos.4 The role of party agents if in their view any of the regula- However, in terms of candidates Party agents play a crucial role in tions governing voting or counting the gender pendulum swings democratic elections. Their role had been breached. They signed heavily in favour of men in many is particularly critical on polling the relevant confirmation forms of the political parties. Historically, day when their presence at poll- to indicate their satisfaction with since 1994 the percentage of women ing stations and especially during the counting, before results were represented in parliament increased counting is necessary to ensure captured into the computer. Politi- in each election. The representation the transparency and credibility of cal parties depended a lot on their of women in the Western Cape results. polling agents. A party’s acceptance provincial legislature has increased Party agents are provided for or contestation of results from a by 4.7 per cent from 23.8 per cent by the Electoral Act, which allows particular polling station would be in 1994 to 28.5 per cent in 2004. each political party to station two influenced by the judgment of the However, the ANC was the only party agents at each voting station. party agent. party with established quotas for These party agents, however, had Generally, there were no objec­ female representation. After the to have been officially registered tions by party agents to election Polokwane conference in 2007 the with the IEC. The 22 political par- malpractices in the Western Cape. party adopted a resolution for 50/50 ties contesting the national and However, the DA raised concerns representation of men and women provincial election in the Western about the shortages of ballot papers on its candidate list for the 2009 Cape sent representatives to the and ballot boxes in townships,

145 EISA Election update south africa 2009 no 5 including Khayelitsha and Delft opposition parties. This kept the The role of domestic and other voting stations in the electorate informed on issues and election observers City of Cape Town. The DA also developments. The role of the media Since the democratic wave in Africa complained about the use at some on polling day has not been differ- in early 1990s, election observation voting stations of marker pens ent. The media has been effective in had become one of the key elements instead of indelible ink to confirm reporting major developments on of the democratic process on the that a person had voted. Although polling day. For example, by mid- continent. The 2009 South African the DA party agents expressed day of 22 April many of the prob- elections generated a great deal of concern, this was not officially lems emerging at polling stations interest caused by, among other lodged with the IEC. Helen Zille had been brought to the attention of factors, the formation of COPE as a seemed to be more confident about the public. In fact, the morning edi- splinter group from the ANC, and winning the province in spite of the tion of Cape Argus reported that by the possibility of a fundamental disquiet her party expressed about 7:30 am, just 30 minutes after voting transformation of the political land- the lack of adequate logistics. In began, the printers at St Augustine scape. The tensions and skirmishes the midst of logistical challenges at cricket ground in Heathfield, Elfin- that characterised the electioneering polling stations, Zille maintained dale, a voting station, had run out campaigning heightened fears of ‘we still believe that we will of stickers, forcing election officers election rigging. The monitoring win in the Western Cape.’5 The to check lists manually and creating of the election by observers was optimism of winning the province considerably delays for voters. therefore necessary to give credence overshadowed the need to lodge The media also reported the to the polls. an official complaint with the IEC. shortage of ballot papers, ballot Two main groups of observers Similarly, neither COPE nor the boxes and other essential materi- were involved – domestic and ID lodged a formal complaint als at the following voting stations international. The 22 April polls with the IEC although their party in the City of Cape Town: South were observed by 4,900 domestic agents expressed unhappiness Peninsula High School (Ward 73); observers countrywide. The with the shortages of ballot papers. Pinelands Town Hall (Ward 53); majority of the observers focused Essentially, this unhappiness was Parklands Baptist Church (Ward on KwaZulu-Natal, which showed expressed to the media and did not 104); Voortrekker High School greater potential for violence go beyond this level. (Ward 59); and Schotse Kloof Civic and electoral malpractices. The The provincial IEC explained Centre (Ward 77). In some cases, as domestic observers who were in the that the shortage of ballot papers in Nyanga, the commencement of Western Cape included the Electoral and boxes was neither the result of voting was delayed due to the late Institute of South Africa (EISA), negligence nor incompetence on its delivery of voting materials. It was which deployed two teams to the part, but rather caused by the provi- reported that on the whole about 41 province, and the South African sion to allow people to cast national stations across the province began non-governmental and Civil Society ballots in stations other than where voting long after 7:00 am for vari- organisation (SACSEC), which is they were registered. This was also ous reasons. coordinated by the South African the cause of the shortage of ballot Yet the media did not only focus Council of Churches. SACSEC papers.6 on the ‘negatives’ of the polls: it deployed over 100 observers in Given the high stakes in the also underscored the transparency the Western Cape. Other observers province, it was initially feared and the generally peaceful manner in the Cape were international that the presence of party agents, in which Western Cape voters con- observers and included the African while ensuring clean polls, could ducted themselves during the day. Union, the SADC, the Pan African potentially generate trouble. This The intensity of the campaign and Parliament monitoring group, pessimistic scenario, however, did the skirmishes that characterised it Nigeria and Zimbabwe. The United not materialise partly because of gave a sense of potential tension. Church of Canada (UCC) sent the determination of party agents This, to the joy of many people in seven international observers, to adhere to IEC rules and partly the Western Cape, did not happen. two of which observed elections because of police presence. The media reported that elec- in the Western Cape. With 1,541 tions went on smoothly and people voting districts, the observers were Role of the media cast their votes in a free and secret simply too few to observe all the The media played a central role environment. The media also re- voting stations on polling day. The in the election process on polling ported on the peaceful counting of activities of the election observers day. Throughout the period of votes, a process which added to the were thus confined to Cape Town. political campaign the media has general serenity of the entire voting Essentially the role of domestic been instrumental in informing the process. On the whole, the media re- observers is to observe the conduct electorate on developments not only ported that voting has been orderly of the polls. This role differs from within their parties but also in other in the province. that of election monitors. The

146 EISA Election update south africa 2009 no 5 latter involves keeping an eye on there may be hiccups and reported ENDNOTES the electoral process not just on cases of malpractices, observers are 1 http://www.ewn.co.za/articleprog. polling day but from the start of interested in establishing whether aspx?id=11914 the process – registration of voters such isolated cases impact on the 2 See ‘South Africa: De Lille Urges Minority – to the counting and declaration overall results. Parties to Unite for 2011 Municipal Elec- tions’ Business Day 24 April 2009. of results. The domestic observer teams 3 IEC. Monitoring involves identifying all expressed satisfaction over the 4 Genderlinks, ‘SA Factsheet 2009’, Available shortcomings and possibly recom­ conduct of the polls in the province, at http://www.genderlinks.org.za/page. mending ways of rectifying them. although they noted isolated cases php?p_id=509 [Accessed 23 March 2009] 5 http://c2c2009elections.contributetochange. By contrast, observation is a passive of shortages of election materials at org.za/2009/04/22/sapa-western-cape-par- exercise in which observers establish certain voting stations. Domestic ties-confident-of-toppling-anc/ (accessed if on the whole the process had been observers augment the conclusions 16/10/2009) compromised in any significant of international observer teams 6 Ibid. way. to give credibility to the electoral Observers are thus interested process. In the Western Cape, in the overall outcome rather than observers were generally satisfied in isolated incidents. Although with the process.

147 EISA Election update south africa 2009 no 6

ELECTION UPDATE 2009 6 Number 6, 14 MAy 2009

Eastern Cape

Thabisi Hoeane – Rhodes University

This review article on polling Forty-two thousand IEC officials primarily discusses the events were engaged to undertake the contents which un­folded on the main functions of the IEC, with 1,000 voting day of 22 April, addressing handling the process on the two EAStern cape 148 specifically the voting process, special voting days on 20 and citizen participation in the election 21 April, culminating in the general FrEe state 151 and voter turnout, voting behaviour voting day on 22 April.2 That the Gauteng 155 and the role of international election IEC was sufficiently prepared is observers. The objective is to outline vindicated by how the process Kwazulu-natal 156 and engage how polling processes successfully unfolded throughout were conducted on the day. the day. Media and IEC reports limpopo 158 indicated that polling day started The voting process well, with voting stations opening WEStern cape 160 The processes of voting can be con- on time as scheduled at 7:00 a.m.3 cretely engaged by firstly focusing Some of the challenges encoun- on the readiness of the election tered as the day progressed included management body the Independ- relatively minor issues such as the ent Electoral Commission (IEC) belated opening of some stations and secondly by highlighting the due to the late arrival of IEC offic- challenges that were experienced ers in places such as Port Elizabeth on that day. and long queues in Gonubie, caused On the weekend preceding partly by older voters who did polling day, the provincial IEC not vote on the two special voting announced that it was ready to day being given preference to vote operate its 4,482 voting stations first.4 spread across the province. Its Of the more serious problems chairperson Reverend Bongani that had the potential to mar the Finca noted that, ‘All our voting poll was voting stations running stations have received their voting out of voting material such as bal- material except ballot papers, lot papers. The main reason for this which are secured in security was identified as new electoral laws storage facilities.’1 That is, physical that allowed voters to vote at sta- infrastructure such as the securing tions other those at which they had of venues, the supply of ballot registered.5 Some voting stations boxes and screening machines therefore became oversubscribed were already available at the voting whilst others experienced relatively stations. For security reasons, ballot lower numbers of voters turning up papers were only delivered as close to vote. This, for example, occurred as possible to the actual voting day in Port Elizabeth, where 15,000 bal- to obviate the possibility of fraud. lot papers had to be flown in from

148 EISA Election update south africa 2009 no 6 the provincial IEC office in East which offered medical assistance to The final provincial turnout London, after voting had to be tem- voters. was registered at 74.87 per cent, porarily halted, resulting in further translating into 2,888,387 voters long queues.6 Citizen participation and having cast their vote.19 This was Indeed, the IEC noted that some voter turnout five per cent short of the 80 per ‘criminal challenges’7 were reported The enthusiasm of citizens for cent that the provincial IEC had around the country during the day, the election was palpable, as they targeted.20 However, the significance with reports that provincially one turned out in droves and early at of the turnout can be put into woman voter was allegedly found most voting stations, resulting in a perspective by comparing it with with ballot papers at Port St Johns very high turnout. One factor that 2004, where although the turnout and ballot papers were found in a had been of concern to both political was higher at 79 per cent (2,259,903), car that allegedly belonged to an parties and the IEC was the weather, this year’s turnout had in absolute ANC member in Queenstown.8 but, as it turned out, there were terms increased by 628,484 voters. These complaints led the IEC to ur- favourable weather conditions on gently convene a Provincial Liaison the day.13 Voter behaviour Committee (PLC) meeting with all Media reports throughout the Given the highly contested nature parties contesting the election to day underlined this phenomenon, of the provincial poll, especially due discuss how to address and resolve with for example young voters to the intense contest between the the issues.9 being the most visible category of ANC and Cope, voters’ behaviour In addition to general voters, the voters at stations. Media reports on polling day was commendable. IEC also accommodated voters who for instance noted that at Rhodes That is, the poll went off peacefully, had problems with voting, either University in Grahamstown a long dispelling fears that it might be because of their physical impair- queue stretching over 150 metres marred by violence, especially after ment or because they could not read was evident by mid-morning.14 This a Cope leader was shot dead in Port or write. In this regard, illiterate was a reflection of the high registra- Elizabeth, on the eve of the election, voters and the blind that were not tion trends at this voting station, with the party charging that was a accompanied by friends or relatives which reportedly had almost dou- political killing.21 to assist them were offered help by bled from 1,713 registered voters in Such fears that the poll would be IEC officials.10 the 2004 election to 3,225 in 2009.15 derailed by misbehaviour by voters And the contribution of the The same mood was also had been further fuelled by Cope security forces in delivering a suc- cap­tured at the campus of the accusations that the IEC was biased cessful poll should also be noted. Walter Sisulu University (WSU) in favour of the ANC, and against Eight thousand police officers were at Butterworth, where although its own interests, in a protest march on specific election duty around the relatively few students turned up organised five days before the elec- province, supported by three rapid early, they still indicated a strong tion in Port Elizabeth22 and reports response helicopters stationed in determination to vote. This was of alleged assaults of UDM support- Port Elizabeth, Bisho and Mthatha, reflected in the following comment ers in the Alfred Nzo district.23 with the army being on standby by one student: ‘To me voting is no However, these fears did not with two platoons and three heli- big deal so I do not have to rush as become reality on voting day, as the copters.11 it will make no difference what time poll was peaceful with no reports Some non-governmental organi- I do it, as long as I vote. That is what of violence in the province. This sations also rendered services to matters.’16 disciplined behaviour of voters assist in ensuring that the process of Many voting stations were was especially impressive, particu- voting was a success. For example, swamped by voters to the extent larly because in areas that had been the Red Cross provided medical as- that the IEC had to convene a identified as potential ‘hotspots’ sistance at voting stations in the Port meeting with all political parties where violence might break out Elizabeth area, where 128 volun- to assess how the situation should (such as Stutterheim), the poll was teers, treated voters with ailments be addressed. It was agreed that, also peaceful. The area has been the that ranged from epileptic seizures although the voting stations were scene of bitter rivalry between the to sprained ankles.12 to officially close at 9.00 pm, all ANC and Cope, but as the Dispatch In general, voting day was a voters who were in the queues at Online reported, ‘Under the heavy peaceful process in the province, the time would be allowed to vote.17 police presence peace reigned, despite some of the problems that This compromise was reached after which hasn’t been always the case were encountered by the IEC. Its disagreement had arisen between in the last six months after 15 ANC success was ensured also by the some political parties, with the ANC councillors were suspended on sus- provision of security by the army pushing for extension of the closing picion of being Cope members’.24 and police as well as volunteer time and the DA objecting to the Indeed, the role of party lead- organisations such as the Red Cross, suggestion.18 ers in warding off the possibility

149 EISA Election update south africa 2009 no 6 of violence breaking out cannot be Salim Ahmed Salim, who headed 5 Patrick Cull, ‘Glitches mar poll’, The Herald, 23 April 2009, p. 1. underestimated, as exemplified by the African Union (AU) observer 6 Patrick Cull, ‘More Bay ballot papers the comment of one young voter mission: ‘There is no reason for flown in’, The Herald, 23 April 2009, p. 1. in the same area who noted that concern here. There are strong 7 Patrick Cull, op. cit. 8 Mayibongwe Maqhina, ‘National protest their party leaders had restrained institutions and great tolerance threat over string of irregularities in EC’, them from causing violence in the despite the past … There is also Daily Dispatch, 23 April 2009, p. 1. town.25 much enthusiasm by young people. 9 Ibid. 10 Lee-Anne Butler, ‘Electoral officers aided To sum up how voters’ conduct It is an example to other countries illiterates to cast ballots’, The Herald, 23 contributed to a successful election, in the continent.’30 Some of the April 2009, p. 2. the statement by the Provincial IEC recommendations to address the 11 Thanduxolo Jika and Mayibongwe Maqhina, ‘All go for tomorrow’s election’, head, Reverend Bongani Finca, is limitations in the process which were Daily Dispatch, 21 April 2009, p. 1. apt: ‘The atmosphere was calm and put forward by the Southern African 12 Eleanor Douglas-Meyers, ‘Red Cross peaceful overall, although this has Development Community (SADC) helpers praised’, The Herald, 23 April 2009, p. 2. been marred by the death by shoot- and AU missions included applying 13 http://www.dispatch.co.za/article.aspx? ing … of the Cope leader in the stricter measures to enforce laws id=310173 Nelson Mandela Metro.’26 that ban campaigning near polling 14 http://www.dispatch.co.za/article.aspx? stations, the use of transparent id=310137 15 http://www.disptach.co.za/articles.aspx? The role of inter­ ballot boxes, and the strengthening id=310443 national election of security to safeguard ballot 16 http://www.disptach.co.za/article. observers papers.31 aspx?id=310443 17 Mayibongwe Qhina, ‘Election to rival ’94,’ To indicate the extent and depth Daily Dispatch, 23 April 2009, p. 4. of how the election was observed Conclusion 18 Patrick Cull, ‘IEC refuses to extend voting nationally the IEC noted that an Overall, polling day went well hours despite long queues’, The Herald, 23 April 2009, p. 1. estimated 355 international ob- provincially with a very impres- 19 http://www.eisa.org.za/WEP/ servers and 358 diplomats from 61 sive high voter turnout, especially sou2009resultsa.htm embassies observed the election.27 by young voters. Relatively few 20 Political Editor, ‘Finca calls for provinces According to the Electoral Institute to be given responsibility for papers’, The unsavoury incidents were noted by Herald, 24 April 2009, p. 4. of Southern Africa (EISA), in ad- observers, indicating the integrity of 21 Mawande Jack, ‘Bay shooting politically dition to its own delegation, nine the process, as well as the political motivated, claims Cope’, The Herald, 24 international organisations sent April 2009, p. 1. maturity of voters who refrained 22 Zandile Mbabela, ‘Cope supporters march delegations: these included those from violent conduct. Thus, in line on city hall’, The Herald, 17 April 2009, from the African continent such as with what happened around the p. 4. from the African Union (AU) and country, it is credible to summarise 23 Mawande Jack, Rochelle de Kock and Gareth Wilson, ‘IEC, police ready for the Southern African Develop­ment that the process was successful in tomorrow’s poll’, The Herald, 21 April Community (SADC) and other the Eastern Cape. 2009, p. 2. organisations such as the Common- 24 http://www.dispatch.co.za/article.aspx? 28 id=310454 wealth. EISA was one of the most 25 Ibid. visible, deploying 15 teams to all 26 Msimelelo Njwabane and Mayibongwe provinces, with two teams covering Endnotes Maqhina, ‘ANC back in power in EC’, 29 Daily Dispatch, 24 April 2009, p. 1. the Eastern Cape. 1 Brian Hayward, ‘It’s all systems go as IEC 27 http://www.iol.co.za/index. In general terms, the opinions staff start on poll stations’, Weekend Post php?click_id=3086&set_id=1&art_ of the observers just like their local 18 April 2009, p. 1. idnw2009042117125 2 Ibid. 28 http://www.eisa.org.za/WEP/sou2009.htm counterparts: notwithstanding 3 The IEC indicated that nationally 98 per 29 http://www.eisa.org.za/EISA/pr20090424. noting some limitations of the cent of voting stations had opened on htm process, they deemed it a success. time at 7:00 a.m. See The Herald, 23 April, 30 http://www.mg.co.za/article/2009-04-22- p. 1. This can for example be deduced elections-observers-applaud-sa-standards 4 http://www.disptach.co.za/article. 31 Business Day, ‘African observers offer IEC from the following comment by Dr aspxid=310173 advice on elections’, 28 April, 2009, p. 3.

150 EISA Election update south africa 2009 no 6

FREE STATE

KC Makhetha – University of the Free State

The voting process The process of voting went requirements at polling stations For the voting process to be effi- smoothly at most voting stations, needs to be spelled out. It should be cient, thorough planning and train- and senior citizens were given an standard practice that there should ing of election officials are crucial. opportunity to vote first. At the be security forces inside and outside The IEC in the Free State confirmed door of each of the voting stations, the polling stations. This decision on several occasions that the team there was a person with a Zip-Zip should not be left to the discretion was ready for the voting process. At machine/scanner, who checked of the presiding officer, and requires many voting districts, voters start- the identity document to verify if standardisation for the future as ed queuing long before the voting the voters were indeed registered a precautionary measure, even stations opened. Reports suggested to vote in the 2009 national and though security risks are variable that voters exercised patience in provincial elections. The scanner from place to place. the long queues and waited their printed a piece of paper with As much as the voting process turn to cast their ballots, signalling infor­mation to support the person reportedly occurred without too a degree of acceptance of the insti- checking names on the segment of many incidences, it should also be tutionalised routines and processes the voters’ roll, then the identity noted that there were challenges. inherent in the voting process. document would be stamped, Some voting stations did not open On election day, 11,938 staff followed by ink on the cuticle and on time and some voting stations members were working at vot- nail of the left hand thumb. From ran out of ballot papers, and this ing stations throughout the Free there, ballot papers were provided, delayed closing of these voting State province. In addition, 50 of- both national and provincial. These stations. Plans were made for addi- ficials fulfilled the function of data had to be marked with an ‘X’ in a tional ballot papers to be delivered capturing, an important role in box next to a party of choice, in the to polling stations which experi- keeping appropriate and adequate secrecy of the booth. Afterwards, the enced shortages, and it is reported records. voter had to fold these ballot papers that most voters managed to cast There were 300 Area Managers and put them in the appropriate their votes, and none were seri- who were recruited and trained, 4 boxes. In almost all voting stations ously prejudiced or robbed of the Regional Managers, 19 Electoral this precise routine, as agreed opportunity to vote. Whilst patience Project Coordinators (EPCs), and by all electoral stakeholders was prevailed, future elections may not 1 Assistant Project Coordinator followed without many reported see such high levels of patience (APC). There were also 10 members irregularities in the process. amongst voters and more adequate who served on the Conflict Man- In the voting stations, there were and appropriate contingency plans agement Panel. These panellists party agents on duty, as well as the may need to be instituted. were divided – two were allocated election officials. The police stood The main contributing factor to each of the five districts of the outside the voting stations and at to the situation described above is Free State. some, they had presence inside the the challenge put through the High With respect to warehousing voting station as well. From obser- Court in 2009, which sought to al- and logistics, by 15 April 2009 all vation, the role and function of the low registered voters to vote outside materials had already been taken security forces on election day and their voting districts within South to the Municipal Electoral Officers at polling stations will have to be Africa’s borders. They claimed and (MEOs) in the twenty municipalities given serious attention, especially won their right to vote, based on the of the Free State. From 17–24 April because there was an IEC official constitutional provision granting all municipalities were provided shot while trying to open the voting all South Africans the right to vote, with rented transportation for the station in the Qwa-Qwa area, in the whilst not specifically excluding distribution of election materials eastern Free State. those residing outside the country. to ballot stations. A total of 24 It is expected that the security In the Mafube municipality an vehicles were hired, and the bigger forces would provide protection to electricity outage affected the entire municipalities were provided with IEC officials in exactly the same way township. Seven voting stations two vehicles while most of the that they protect the ballot papers were affected for some time on elec- municipalities received one each. and the stamp with which these tion day. In some other areas, there This was to improve the level of ballot papers are marked. Consist- were strong winds that disturbed efficiency on election day. ency with regard to the standard the voting processes. Overall, the

151 EISA Election update south africa 2009 no 6 process was well managed and ad- outcome of voting. The people The role of ministered, however, and problems voted strongly for the ANC, out of international were eventually ironed out. loyalty. Some voted mainly because observers of expectations created and a belief The role of international observers Citizen participation and that there will one day be a better is valuable for a young democracy voter turnout life for all, especially that Jacob like South Africa and, in particular, In this national and provincial Zuma, the President of the ANC, the Free State province. The role election, one could sense a higher was and is still seen by many as a includes assessing the preparedness level of freedom to express differing ‘man of the people’. of the IEC, and the degree to which views among the citizens: people The new kid on the block, COPE, the whole election is free and fair, were very open and proud to wear performed very well. Having had the pre-election, election and post the t-shirts and caps of the parties about 108 days to organise itself as election processes. they supported. People were free to a party to contest the national and The international observers’ talk across party lines: one would provincial elections in all the nine contribution to an election is more find, for example, a supporter of provinces, this party made its mark. than just observing especially ob- the ANC having a fruitful political COPE has been voted the official servers from the African Union conversation with a supporter of the opposition party in the Free State. (AU). Their reports are valuable DA. That is a milestone in a deepen- There is a thin margin between the to the IEC and the country and are ing democracy. number of COPE and DA votes. considered when improvements In the Free State, it was a great COPE beat the DA by 174 votes and are made to electoral processes, achievement to have debates been these few votes saw COPE replace especially because there are clear held right in the townships with the DA as the official opposition in principles guiding elections within the buzz of many political parties, the province. the SADC region. including political parties like the In comparison to 2004, the only From the conversations with Freedom Front plus (FF+) free and party that gained more votes in the some of the international observ- willing to attend. The FF+ was af- Free State is the DA. The ANC and ers who were in the Free State forded an equal opportunity with the FF+ appeared to have lost some during the 22 April 2009 elections other political parties to clarify their votes, compared to their perform- – amongst others, Ambassador An- manifestos and people listened even ance in the 2004 elections. These drew Bangali and Hon. Omar Musa though many of them did not share parties appeared to have lost votes from the African Union (AU) – it the views of the party. Political toler- to the DA, and it appears also that was clear that they were impressed ance in Free State therefore appears the ANC lost a bigger number of by the relatively peaceful atmos- to be high. votes to COPE. phere in which the elections took As much as there is still lack One expected FF+ to perform place and high level of organisation of political education, citizens better in the Free State as it is ap- and preparedness from the side of participated in numbers to elect a parently its stronghold, but it only the Independent Electoral Com- new government of South Africa received 16,969 votes, which means mission. and for the Free State Province. that the FF+ now has only one seat They expressed their appre- Voter turnout in the Free State was in the Free State provincial legisla- ciation on how development has generally high. As appears in the ture for the next five years. progressed since the last time table below, the lowest turnout was It will be important to observe they were in South Africa in 1994. 72.56 per cent at Naledi (Zastron) the performance of these parties in They were impressed by the high municipality, which is still a high the Free State as what they do now levels of tolerance in comparison voter turnout. will affect the outcome of the local to 1994 elections and, for them, From the total number of reg- government elections in 2011 and there was growth and maturity istered voters (1,388,588), the total eventually the next national and developing around elections and number of people who actually provincial elections of 2014. cam­paigning. voted is 1,069,127 – 76.99 per cent of registered voters. According to the Table 2: Results in the Free State – seats per party estimation done by the PEO in the Free State, Mr Mepha, the Free State Political party Number of seats performed very well. The youth in particular, made a huge contribu- ANC 22 tion to this election (see Table 1). COPE 4

Voting behaviour DA 3 Having looked at voter turnout FF+ 1 figures, it is interesting to see the

152 EISA Election update south africa 2009 no 6

International observers bring ‘Guided by – Principles for Elec- of results. This mission also experience and exposure, apart tion Management, monitoring and without interfering with the voting from their own expertise. They also Observation, SADC Principles and and counting process gathers elevate the standard of elections and Guidelines Governing Elections information at polling stations also contribute to the legitimacy and African Charter on Democracy in order to provide informed of the process. Observers from the Elections and Governance. judgement about transparency, outside bring a fresh outlook and The Electoral Commission credibility and legitimacy of the therefore help develop electoral invited domestic and international voting process. processes further. observers to play a role of en­ Observing elections may also Reasons for observing elections hancing trans­parency and credi­ provide assistance in preventing, are provided: bility of elections and accep­tance transforming and managing

Table 1: Voter Turnout 2009: Free State Province – as at 25/04/2009 07:45:11 AM, according to IEC records

Municipalities Registered Registered Total votes cast % population voters in in completed Voter completed VD’s VD’s turnout FS161 - Letsemeng [Koffiefontein] 17,586 17,586 13,360 75.97% FS162 - Kopanong [Trompsburg] 24,755 24,755 19,661 79.42 % FS163 - Mohokare [Zastron] 17,590 17,590 13,438 76.40 % 72.56 % FS171 - Naledi [Dewetsdorp] 12,961 12,961 9,405 FS172 - Mangaung [Bloemfontein] 372,733 372,733 295,970 79.41 % FS173 - Mantsopa [Ladybrand] 27,049 27,049 20,304 75.06 % FS181 - Masilonyana [Theunissen] 32,672 32,672 25,156 77.00 % FS182 - Tokologo [Dealesville] 12,518 12,518 9,200 73.49 % FS183 - Tswelopele [Hoopstad] 24,172 24,172 18,911 78.24 %

FS184 - Matjhabeng [Welkom] 207,022 207,022 207,666 76.16 % FS185 - Nala [Bothaville] 39,987 39,987 29,402 73.53 % FS191 - Setsoto [Senekal] 57,955 57,955 43,378 74.85 % FS192 - Dihlabeng [Bethlehem] 65,532 65,532 51,930 79.24 % FS193 - Nketoana [Reitz] 29,545 29,545 21,715 73.50 % FS194 - Maluti a Phofung [Qwa-Qwa] 175,326 175,326 130,458 74.41 % FS195 - Phumelela [Vrede] 24,581 24,581 19,114 77.76 % FS201 - Moqhaka [Kroonstad] 82,899 82,899 61,265 73.90 % FS203 - Ngwathe [Parys] 64,648 64,648 49,287 76.24 % FS204 - Metsimaholo [Sasolburg] 70,575 70,575 57,052 80.84 % FS205 - Mafube [Frankfort] 28,325 28,325 22,197 78.37 % FSDMA19 [Golden Gate Highlands NP] 157 157 258 164.33 %

Total 1,388,588 1,388,588 1,069,127 76.99%

153 EISA Election update south africa 2009 no 6 election-related conflicts through Conclusion references timely reporting as well as The voting process in the election Media briefing, Mr Mepha 23/04/2009. identification of strengths and of 22 April went smoothly, and Workshop organised by IEC Free State possible weaknesses of the election voter behaviour, as complex as it 15/04/2009. Observations on election day 22/04/2009. as a whole. is, brought about the result that the Conversations with AU Observers Observer missions may take Free State has a new kid on the block 21/04/2009. place in three phases 1) pre-election – COPE as the official opposition to In-person research interview with Mr Chris phase 2) election phase 3) post- the ruling party, the ANC. Mepha, Provincial Electoral Officer, Free election phase, but for NPE 2009 With the improved participa- State Province. preferred to observe the Election tion of the citizens, there is no doubt Phase due to the perception that that democracy will be vibrant and South African Democracy has society will be more engaged and matured and gained credibility. interested in what the government Observers submit their reports to is doing. The voters will make an the national office of the Electoral effort to keep the government ac- Commission but domestic observ- countable. With the input from ers may submit their reports to the international observers, electoral provincial office’. procedures will improve.

International Observers (list provided by IEC Free State office)

Name & Surname Country Organisation Area of Deployment

1. Reza Isscak MP Mauritius SADC (PARLIAMENTARY FORUM) Mangaung

2. R. F. Shea MP Lesotho SADC (PARLIAMENTARY FORUM) Mangaung

3. Clare Musonda Zambia SADC (PARLIAMENTARY FORUM) Mangaung

4. Jeremiah Msibi Swaziland SADC Mangaung

5. George Bello Malawi SADC Mangaung

6. Hon. N. Mpofu Zimbabwe SADC Mangaung

7. Ibrahim Mkwawa Tanzania SADC Mantsopa

8. Rodrigues Muebe Mozambique SADC Mantsopa

9. Mika Angula Namibia SADC Mantsopa

10. Lisiany Da Silva Angola SADC Mantsopa

11. Justin Mwansa SADC Moqhaka

12. Sara Rwambali SADC Moqhaka

13. Cathrine Lishomwa SADC Moqhaka

14. Ambassodor Andrew Bangali AU Mangaung

15. Hon. Omar Musa AU Mangaung

16. Annissa Izidine EISA Mangaung

17. Egidio Manais EISA Mangaung

154 EISA Election update south africa 2009 no 6

GAUTENG

Shaheen Buckus – Independent Researcher and Ebrahim Fakir – EISA

Citizen participation and A survey conducted by Mark- and methods of reporting. EISA voter turnout data in late March 2009 entitled The also deployed an observer mission The national voter turnout stood at Impact of COPE on Political Support and provided contextual and 17.9 million out of 23.1 million regis­ in Gauteng suggests that though vot- deployment briefings to almost all tered voters, representing a 77 per ing behavour can still be viewed in of the other observer missions. The cent voter turnout. In Gauteng a racial terms, it has moved beyond main advantage of international total of 4.4 million voters cast their this simplistic characterisation to election observers such as the votes from a registered provincial adopt class and socio-economic Commonwealth is the excellent total of 5.6 million people, consti- orientations.4 This in itself is un- advice that they can provide due to tuting a percentage of 79 per cent.1 surprising in an urban metropolis their vast experience of observing Gauteng contributed 24 per cent such as Gauteng. The emergence of elections throughout the world. The of registered voters towards the the Congress of the People has her- Independent Electoral Commission national voters’ roll. alded a shift way from raced-based (IEC) said that the recommendations The assumed trend of declining voting in Gauteng to one of class of the international observers would youth participation in Gauteng orientation, since, according to the be taken into consideration in appeared to have reversed, since survey, Gauteng possesses a multi- preparations for the next elections. over 70 per cent of new voter regis­ racial profile located largely among The African Union (AU) and tration in the province was made up middle-class African and white citi- the Southern African Development of youth. In terms of voting stations, zens. In contrast, the ANC’s support Community (SADC) declared the there were 217 that drew more in the province is among the poor, elections free and fair. Elections voters than had registered there, who are largely African. were conducted in compliance causing a shortage of voting and with guidelines adopted by all other materials. Of particular note The role of inter­ SADC countries, SADC mission was an instance of this in Diepkloof, national election leader Balefi Tsie and AU observer Soweto, where 43 per cent more observers mission leader Salim Ahmed Salim voters turned up at a temporary The role of election observers has are both reported to have said.7 voting station than the number that been outlined in a previous up- Notwithstanding this, Tsie noted were originally registered. In terms date. There were 355 international some problems such as campaign- of gender participation, turnout observers deployed to observe the ing material being paraded around 5 levels across gender differences elections. The following bodies sent on polling day and the fact that 6 were negligible in Gauteng.2 international observer missions: the provincial and national ballot papers were difficult to distinguish Voting behaviour • African Alliance for Peace from each other and appeared to Generally the behaviour of voters (AFAP) cause some confusion. nationally was exemplary. Their • African Union (AU) Salim said there had been some mood was exuberant and jovial and • Association of African Electoral minor logistical problems; however, they displayed high levels of toler- Authorities (AAEA) none had affected the voting process ance outside of voting stations. In • Commonwealth adversely. The logistical problems Gauteng the mood echoed that of • Electoral Institute of Southern included the number of delays on the national voters, though tensions Africa polling day as some stations had ran high at voting stations where • Electoral Commissioners’ Fo- run out of ballot papers due to ballot papers ran out, for instance rum of the SADC an increase in unexpected voters. at the voting station at Cosmo City • SADC Parliamentary Forum Irregularities included the display Junior secondary school,3 where • Southern African Development of party identities and party because of the shortage of voting Community (SADC) literature within the perimeters of materials tensions between voters • Senegal People Development voting stations, which was criticised and officials, and between political Institute by Salim. He stated: ‘We believe party agents of different parties, ran that this goes against the spirit of high. These tensions were isolated The delegations were briefed by the Article 108 of the Electoral Act 73, to particular voting stations and IEC on election-related subjects and 1998 prohibiting certain political 8 were not general. by the UN on deployment, roles activities on voting day’.

155 EISA Election update south africa 2009 no 6

Endnotes 5 http://www.elections.org.za/news_get.asp ?press=0&NewsID=413&Opt=&Data=&R 1 http://www.elections.org.za/NPEPW- ecNum=21 StaticReports/reports/ReportParameters. 6 http://www.eisa.org.za/WEP/sou2009eom. aspx?catid=12 htm 2 IEC national and provincial report. 7 http://www.iol.co.za/index. 3 Interview with Walter Shiburi IEC (Man- php?set_id=1&click_id=3086&art_ ager: Electoral Reports) id=nw20090424141918901C865871 4 http://www.markdata.co.za/cope1.html 8 ibid

KWAZULU-NATAL

Salomé van Jaarsveld – ACCORD (writing in personal capacity)

The voting process that the IFP retract its allegations registered voters. This was an in- The voting process in KwaZulu- and tender an apology (Da Costa, crease from the 2004 elections when Natal was described by the 2009). voter turnout was 72 per cent. The provincial IEC head, Mawethu Procedurally, voting in the prov- number of female registered voters Mosery, as running ‘fairly smoothly’ ince progressed smoothly with was also higher than male registered aside from a few administrative complaints mainly pertaining to the voters, at a ratio of 2,548,839 women hiccups relating to the late opening long queues (at least four polling to 1,926,378 men. The highest voting of some polling stations and a stations in the greater Durban area group was in the age bracket of 20- shortage of materials at others (Dell still had queues after 11 pm). There 29, while there were 84,438 females & Coen, 2009). were also sporadic complaints (in and 72,720 males registered in the The most severe administrative Reservoir Hills and Westville) about 18-19 year old category (IEC Regis- hiccup occurred when an IEC voters having to fill in additional tration Statistics, 2009). presiding officer at a Ulundi voting forms if they were not registered Voting patterns along urban station was arrested for forgery at the stations at which they were and rural lines were informative on Election Day, when it was voting, or if they had changed their as they revealed that despite the discovered that one of the unused names. Voters in Umbilo waited for IFP’s decline in the province, it still ballot boxes at her station contained up to two hours owing to a shortage retains significant popularity in its a hundred marked and stamped of ballot papers and some of them rural strongholds of Nongoma and ballot papers. The ballot papers were advised to vote at alternative Ulundi, where it gained 81.63 per were all marked in favour of the voting stations. Voting stations in cent of the vote, securing 48,227 IFP (Madlala & Mbuyazi, 2009). Umlazi also ran out of ballot papers, votes out of 59,078 votes cast and An electoral officer in Nkandla but these were replenished after a 83.62 per cent of the vote, with was also investigated for failing to couple of hours wait (Padayachee 53,747 votes out of 64,276 votes deliver materials required for voting et al, 2009a & Mfusi et al, 2009). cast. to a station, namely, ballot papers, The provincial IEC recorded the This is in contrast to the ANC indelible ink, scanners and stamps receipt of 71 electoral complaints gaining 16.82 per cent of the vote in (Savides & Da Costa, 2009). ranging from assault to damage Nongoma and 14.92 per cent of the Prior to Election Day, the IFP to posters and disruption at meet- vote in Ulundi (IEC results report party leadership levelled complaints ings. None of the complaints were, 2009). This reflects a prevailing at the ANC provincial leadership via however, deemed serious enough to trend in which the ANC makes a the provincial police commissioner have a marked impact upon election more significant electoral impact regarding balloting irregularities. results. According to the IEC, there in urban, rather than in rural areas The complainants claimed that were 47,092 spoilt national ballots of the province. Election results ballot papers were being generated and 43,713 spoilt provincial bal- for urban areas such as eThekwini from the KwaZulu-Natal Premier’s lots in KwaZulu-Natal (Kockott & (Durban area) and Msunduzi office and then stuffed into ballot Hlongwane, 2009). (Pieter­maritzburg) show that the boxes, effecting vote-rigging in the ANC leads with 67.52 per cent ANC’s favour. The provincial police Citizen participation and and 73.79 per cent of the vote department stated that there was voter turnout respectively, followed by the DA no evidence to prove these claims Voter turnout in KwaZulu-Natal with 18.04 per cent and 13.29 per and no substance to the allegations. was high at 78.81 per cent, with cent respectively. While the DA Premier S’bu Ndebele demanded 3,526,700 votes cast out of 4,475,217 is the ANC’s main opposition in

156 EISA Election update south africa 2009 no 6 these areas it is followed by the IFP Voting behaviour making it known that Wembezi is with 6.81 per cent and 7.91 per cent, One of the main challenges an IFP area and did not welcome with Cope trailing behind, having facing voting in KwaZulu-Natal ANC voters. Additional SAPS and gained 2.57 per cent of the vote in has always been the behaviour of SANDF personnel were deployed the Durban area and 1.96 per cent ANC and IFP supporters. Clashes to the area on standby in case in Pietermaritzburg (IEC results between them have often resulted violence erupted. Their presence report, 2009). Voting patterns in in violence and their campaigns to was useful when they later averted ANC President Jacob Zuma’s home intimidate supporters have affected a confrontation between IFP and territory, Nkandla, reflect an ANC the voting process. Election Day in ANC supporters in Emahhashini victory by only a small margin – KwaZulu-Natal during this election and also in Wembezi. While the 51.7 per cent to the IFP’s 46.16 per was not significantly affected by ANC complained that the IFP had cent. Voting in the Estcourt area, political intimidation and violence bussed supporters into the area to which was the only site of political and was described, for the most vote, the IFP asserted that a visit by tension in the province relating to part, as peaceful. This has largely ANC provincial chairman, Zweli the 2009 elections, also reflected a been attributed to the extensive Mkhize, was designed to intimidate close contest between the ANC and deployment of security forces in IFP voters, owing to the presence of IFP. The ANC gained 45.47 per cent traditional hotspots for violence bodyguards brandishing large guns of the vote and the IFP 44.63 per cent such as Nongoma and Ulundi, (Mbanjwa, B. 2009). (IEC results report, 2009). where some 650 police officers KZN Violence Monitor, Mary Notwithstanding the DA’s and soldiers monitored 200 voting de Haas, labelled Election Day in official opposition to the ANC in stations (Padayachee et al, 2009 b). the province as ‘quiet’. She stated KwaZulu-Natal, it has expressed Historical violence hotspots that the levels of violence cannot its disappointment at not being such as Richmond, which was the be compared to those of 1994 when able to increase its representation site of clashes between ANC and IFP thousands of people died in elec- in the provincial legislature to its supporters in the 1990s, claiming tion related violence. De Haas target of 10 seats. It has attributed several lives, has now been described compared the levels of violence this to provincial support for Jacob as an area of prevailing political with those of the 1999 and 2004 Zuma (Kockott & Hlongwane, maturity, where, in the run-up to elections, confirming the trend of a 2009). The poor showing of the elections, various political parties reduction of political intimidation Minority Front (MF) in the Durban were able to campaign freely and and violence in KwaZulu-Natal. and Pietermaritzburg areas (2.50 per display their campaign materials, Aside from the incidents reported cent and 0.50), aimed at clinching the with supporters being able to wear in the mainstream media, de Haas Indian vote especially in Chatsworth party-affiliated T-shirts. Likewise, received complaints relating to and Phoenix, has been blamed Shobashobane, another historical alleged infringements of electoral by party leadership on the Indian hotspot for violence known for the rules in terms of canvassing around cricket premiership league matches 1995 massacre in which some 1,000 polling stations and unauthorised which took place on Election Day IFP supporters carrying traditional party supporters entering voting (Kockott & Hlongwane, 2009). weapons and guns descended on areas. Allegations of insulting and Furthermore, Cope’s performance a village destroying everything in intimidatory behaviour at entrances in the province did not quite match sight, experienced voting without to voting areas were also a common up to the strides it made in the incident. This was despite fears of complaint. The areas highlighted Northern and Eastern Cape. It violence and political intimidation were Mpumuza, Sweetwaters, Eh- took 2.57 per cent of the vote in the of voters who are mostly ANC labeni and Macambini (Dell & Coen, Durban area and 1.96 per cent of the supporters, but surrounded by 2009 + Coen, 2009). vote in Pietermaritzburg. settlements loyal to the IFP (Mboto Voter turnout was, in general, & Wicks, 2009, Wicks et al, 2009). International election high among both urban and rural The most serious incident of observers voters. In the Durban area, out of a election related violence in Kwa­ International observer missions registered population of 1,639,153 Zulu-Natal on Election Day occurred deployed in KwaZulu-Natal were there were 1,331,246 votes cast. in Wembezi Township outside all from the African continent. Similarly, in Pietermaritzburg, out Estcourt. According to reports, a They included the African Union of a population of 276,008, there group of IFP supporters in Wembezi (AU) and the Southern African were 227,432 votes cast. Out of a C Section tore down ANC flags and Development Community (SADC). population of 75,854 in Nongoma, blocked a road leading to the polling The Electoral Institute of Southern 59,078 votes were cast. In Ulundi, station with rocks. The group, clad Africa (EISA) deployed an observer from a registered population of in IFP regalia, gathered outside mission comprising participants 79,383, there were 64,276 votes cast the main polling station chanting from continental Africa. Likewise, (IEC results report, 2009). anti-ANC songs and generally the South Africa Civil Society Elec-

157 EISA Election update south africa 2009 no 6 tion Coalition (Sacsec) included par- tween the ANC and IFP, the election minor political intolerance which ticipants from Africa. The African campaigning process was gener- were neither systematic nor wide- Alliance for Peace Mission (Afap) ally calm and orderly. It also noted spread but rather, isolated and convened by the African Centre incidents of ballot paper and ballot sporadic (Coen, 2009). for the Constructive Resolution of box shortages. Disputes (Accord) based in Durban, Among the recommendations References was a partnership between Accord, made by the EISA mission were that Coen, S. ‘Elections free, fair, transparent’, the Nairobi Peace Initiative (NPI) processes should be put into place Witness, 24 April, 2009. Da Costa, W. ‘No proof of ballot allegations’, and the West Africa Network for to curb campaign related intoler- Mercury, 22 April, 2009. Peace (Wanep). ance, hate speech, obstruction and Dell, S. Coen, S. ‘Democracy comes of age’, The general consensus among intimidation. Furthermore, electoral Witness, 23 April, 2009. the various observer missions law permitting parties to display EISA Observer Mission to the 2009 South African National and Provincial Elections, was that elections were free and campaign material in the vicinity of Interim Statement, 24 April 2009, fair and credibly run. The AU and polling booths, should be amended. Johannesburg. SADC missions commended the This should be broadened to include Election Synopsis, 2004, 1, 4, Centre for Policy Studies, Johannesburg . strong security presence at voting disallowing voters from wear- IEC Election Results Report 2009 – stations and recommended that ing party affiliated T-shirts (EISA www.elections.org.za trans­parent ballot boxes be used in Observer Mission Interim State- IEC Registration Statistics 2009 – www.elections.org.za future elections and that national ment, 2009). The Sacsec mission, Kockott, F. Hlongwane, A. ‘IFP all but wiped and provincial ballot papers be coordinated by the South African out as political force’, Sunday Tribune, 26 more distinguishable. The missions Council of Churches, included par- April, 2009. Madlala, M. Mbuyazi, N. ‘IEC officer charged also suggested that allowing voters ticipants from the United Church with forgery’, Daily News, 23 April, 2009. access to polling stations at which of Canada and the All Africa Con- Mbanjwa, B. ‘Estcourt a hot spot’, Daily News, they were not registered may have ference of Churches. The mission 23 April, 2009. Mbanjwa, X. ‘Observers praise poll despite led to the shortage of ballot papers deployed observers and monitors concerns’, Saturday Star, 25 April, 2009. in some areas, as well as the longer to violence hotspots in KwaZulu- Mboto, S. Wicks, J. ‘Living with the ghosts of queues. Concern was also expressed Natal. It found that incidents of intolerance’, Mercury, 22 April, 2009. Mfusi, N. et al. ‘Long queues the only problem at political parties who continued to violence in the province related to in most parts of Durban’, Mercury, 23 April, campaign during voting and who the disruption of party meetings, 2009. displayed their campaign materials election posters being removed or Padayachee, K. et al. ‘Elderly man dies in within the vicinity of polling sta- defaced, parties denied access to queue at polling station’, Mercury, 23 April, 2009. tions (Mbanjwa, X. 2009). venues and supporters from vari- Padayachee, K. et al. ‘All systems go for KZN The EISA mission comprised ous political parties displaying low voters’, Mercury 22 April 2009. members from Nigeria, Lesotho, levels of tolerance (SASEC, 2009). ‘SASEC commends free and fair national and provincial 2009 elections’, Statement, 2009. Sudan, DRC, Cote d’Ivoire, Zimba- The Afap mission, deployed solely Savides, M. Da Costa, W. ‘Observers give bwe, Kenya, Sierra Leone, Ethiopia, in the province of KwaZulu-Natal elections in KZN the seal of approval’, Mozambique, Cameroon, Tanzania with the specific aim of observing Mercury 23 April, 2009. Wicks, J. et al. ‘Voting tranquil on south coast and Angola. The mission found levels of political intimidation and as people brave chilly weather’, Mercury, that despite incidents of political election-related violence, found that 23 April, 2009. violence in KwaZulu-Natal be- there were only a few incidents of www.politicsweb.co.za

LIMPOPO

Lesiba Teffo – University of Limpopo

Citizen participation and appeared to be precipitated by the politicisation of the South African voter turnout internecine strife within the ruling society multiplied and intensified. After fifteen years in power party. The December 2007 ANC Since then it has been a rollercoaster the ruling party, like previous Conference in Polokwane was the ride, culminating in the hugely liberation movements, had been watershed that ushered in a new successful election process. Over arrogant, aloof, and impervious political era in South Africa. Since the past year politics dominated to any positive influence. This the Polokwane conference the public and social conversations in

158 EISA Election update south africa 2009 no 6 the churchyards, taverns, hamlets, middle-class blacks who trekked people chose to take their votes valleys, cities, and indeed in any from the ANC to either DA or where the leadership majority was mode of transport, among the young COPE. In the main ANC became the of their colour, and for others it was and old and in all race groups. principal loser across the provinces, a matter of history and tradition. No fewer than 150 parties were except in KwaZulu-Natal. Two Despite this picture, one has sense registered with the IEC across the factors explain the ANC’s victory that South Africans are likely to land. The sense of disenfranchise- in that province. First the IFP is, as remain closely involved, and they ment that characterised the Mbeki it were, perceived as a Zulu cultural will with time make a transition era was no longer there. As some movement rather than an inclusive from culture- or race-based politics political analysts observed, the national political party. Second, the to issue/substance-based politics. electorate had been energised, and ‘homeboy’ syndrome benefited the The signs are there and with quality they would give a clear mandate ANC. That Jacob Zuma was a Zulu voter education we may get there to the next ruling party, and in the with a clear shot at the presidency sooner than later. same vein they would not hesitate undoubtedly swayed people. This to ‘recall’ or revoke it. consideration alone was largely The voting process Voter registration statistics of the responsible for the overall results In Limpopo Province voting past elections were as follows: in and either impacted positively proceeded fairly well. There were, 1999 there were 18,172,751 registered or negatively on the parties. One however, a few instances where voters, in 2004 20,674,926, and in thing is certain: it spelt doom for party agents and supporters of 2009 23,181,997. The voter turnout the smaller parties, especially in certain parties, especially the ruling in 2009 was around 77 per cent. KwaZulu-Natal. party, were found to be in breach The population showed up in large The ID has always capitalised of the certain provisions of the numbers and spoke in different on the coloured vote. However, Electoral Act. voices. The strongest party won, this time voters opted for parties For example, certain but most importantly, democracy with potential growth and national presiding officers were found to won. For democracy only thrives on appeal. It is against this background be campaigning and assisting the strength of citizen participation. that one can explain the decimation prospective voters to act contrary Like a child democracy needs to of parties like UDM, PAC, and to their wishes. Some party agents be guarded and nurtured. The 77 AZAPO. Regardless of their pedi­ wore T-shirts that promoted their per cent poll made it a triumph for gree, they could not hold their own parties, and certain party officials democracy. even against the new kid on the and candidates pitched tents next block, COPE. That most of them to the boundaries of the voting Voting behaviour/ were creatures of the floor-crossing stations. They played music loudly patterns legislation bedevilled their course. and provided food freely as a At national level, the ANC ulti­ Racial identity always plays a means to coax people to vote in the mately received 65.9 per cent, the part in voter behaviour. The ANC favour. DA 16.5 per cent and COPE 7.5 was voted in the main by blacks, In identified hotspot areas the per cent. The ANC did well across especially the rural and poor police and the army were deployed the provinces except the Western people. The DA was voted for in and the election proceeded with Cape. In this province the DA as the main by whites and a relatively minimum hindrance. What was expected performed well, amassing small black elite. Cope is emerging commendable in all instances was 51.46 per cent, which gave it an as a truly non-racial party with a the co-operation of all senior party absolute majority to form a party liberation pedigree. My prognosis is officials based at the provincial on its own. The DA enjoyed a much that we are heading for three strong IEC electoral centre. When mis- higher level of support from white parties contesting elections rather demeanours were reported, the voters than was the case in 2004. The than the plethora we witnessed in solutions recommended, including energised white population that was this election. instant dismissals of officials, were disenchanted in the past turned up Substantive issues played less approved without dissent. In this in large numbers to support it. There of a role than historical and racial way parties displayed political were also a sizeable number of the considerations. In some instances maturity.

159 EISA Election update south africa 2009 no 6

WESTERN CAPE

John Akokpari – University of Cape Town

The much-anticipated April 22 The voting process involved to be established. Then they went elections have passed without six major stages. The first stage through the same steps as their any major incidents. There were a involved the verification of the iden- countrymen and women in South few surprises: the ID, and perhaps tity or the valid temporary identity Africa to cast their vote. Prospective COPE, performed more poorly than certificate of the voter. This stage voters should have applied to the expected. The tradition of the West- also involved the inspection of the IEC and have their names on the ern Cape not being won outright fingers of the voter. The objective voters roll compiled for voting in by a single party came to an end as here was to ensure that the poten- their countries of residence. the DA polled over 51 per cent of tial voter in possession of a valid In both the local and foreign mis- the province’s votes. The aftermath green bar-coded identity book and sion voting, steps one to five were of the elections has left a task for that the individual had not voted designed to ensure that registered observers and social scientists to earlier in the day at another polling individuals did not engage in dou- attempt to explain or comment on station. Second, the polling assistant ble or multiple voting. The voting some of the outcomes of the elec- verified that the photo in the green process was not expected to prove tion. This update focuses on the bar-coded identity book was the complex for many voters although voting process, citizen participation person presenting it. At this stage it was quite certain that a few still and voter turnout, voting behavior the polling assistant also verified found find the process complex and and the role of international election that the holder of the ID book was perhaps confusing. observers. registered to vote. Third, once the polling assistant was satisfied that Citizen participation and The voting process the ID book holder was registered voter turn-out For the first time since South Africa and eligible to vote, the name of If there was anything that set the made the historic transition from the potential voter was crossed in April 22 elections apart from previ- apartheid to majority rule in 1994, the voter’s roll. Fourth, the voter’s ous polls in the Western Cape, it was the country’s electoral process thumb was marked with indelible the higher voter turnout. In turn, excited considerable enthusiasm. ink. Fifth, the voter was issued this reflected the high participation This enthusiasm is in part generated with two ballot papers – a national rate by voters. The voter turnout by the reality that South Africans and provincial ballot papers. The on 22 April saw a marked improve- living abroad had been granted the ballot papers bore the acronyms ment over the 2004 polls. In 2004, opportunity to vote. Thus, while of political parties as well as the the total number of registered voters South Africans living in the country pictures of their leaders. Sixth, in the province stood at 2,220,177. were elated by the changing terrain the voter was directed to a polling Of this number only 1,621,839 ac- of the electoral landscape, caused booth to cast his or her vote. Prior tually cast their vote, representing most especially by the formation to placing the ballot paper into the a 73.05 per cent turnout. In 2009, of COPE, those living abroad ballot box, the voter marked his or however, 2,634,439 registered as celebrated the unique opportunity her preferred party and candidate. voters, an increase of over 414,000. to vote away from home. The IEC made provision for voters While 1,621,839 citizens voted in On 15 April, a week before the who made mistakes in marking 2004, the corresponding figure in national polls, South Africans living their party/candidate to be given 2009 was 2,049,097, representing a abroad cast their vote. The IEC a new ballot paper. However, there whopping 77.78 per cent. Generally, reported that 16,000 South Africans was no second chance once the bal- there was a 4.7 per cent increase in living abroad cast their vote in the lot paper had been dropped into the the voter turnout. In practice this country’s 124 foreign missions. ballot box. meant that the vast majority of Of these, 7,000 voted in the South For those voting in the South the large number of voters in 2009 African mission in London, while Africa’s foreign missions, the pro­ actually turned out to vote (see over 1,000 South Africans voted cess was the same. Prospective Table 1). in Canberra, Australia. The ballots voters needed to go to the South No systematic study has been from overseas were sent down to African mission in their countries of conducted in the Western Cape to Pretoria but were not counted until residence with their valid green bar- determine the underlying factors after South Africans at home had coded identity book or valid South explaining the rise in voter turnout. voted. African passports for their identities However, it makes sense to believe

160 EISA Election update south africa 2009 no 6

Table 1: Voter turnout in 2004 and 2009 for premiership. Mr Alan Boesak, the party’s provincial candidate, had Year No. of registered Total Voter turnout a tainted and controversial political voters votes cast % background which, in a period of increased public demand for 2004 2,220,177 1,621,839 73.05 accountability, deflated interest in Boesak. Many felt the nomination of 2009 2,634,439 2,049,097 77.78 Boesak damaged the message about high moral standards preached by that the shakeup in the political pressing challenges of the day – COPE. Boesak’s candidacy thus landscape reflected in, among other unemployment, housing, crime, did little to promote the fortunes of things, the emergence of COPE from education, poverty, etc. Race also the party in the province. Having the ANC; the potential presidency tends to influence voting behaviour excited much hope and optimism, of Mr. Jacob Zuma, who many in South Africa. In practice, however, COPE polled only a paltry 7 per cent thought had questionable moral the influence of race in voting of the total votes in the province. It credentials; the outbursts and some- behaviour in the Western Cape appeared therefore that the record times unguarded utterances of the appeared inconclusive. Voters in of parties and the credentials of ANC Youth League leader, Julius the Cape seemed to have taken candidates, more than anything Malema – all of which were rooted many, if not all, of these factors else, informed voters’ behaviour in in developments in Polokwane and into consideration. For example, the the Western Cape. its aftermath – seem to explain the Western Cape has a high concen­ added interest and enthusiasm in tration of Coloureds, who account The role of inter- the electioneering process. These for 53.91 per cent of the province’s national election factors played no mean role in incit- total population. Africans and observers ing the hitherto politically apathetic Whites make up 26.68 per cent and If domestic observers are neces- South Africans in the Western Cape 18.41 per cent respectively. sary to give credibility to national and especially the youth to develop The key factor influencing elections, international observers interest in the electoral process. voting behaviour in the Western are crucial in giving international Other factors that could possibly Cape seemed to have been service legitimacy. International observ- generate such enthusiasm were the delivery and the credibility of the ers have featured in the electoral renewed demands by the public for candidates. Helen Zille was, for politics in Africa for a variety of better and faster service delivery example, seen to have been able reasons, the dominant ones being and the press, which highlighted the to reduce public corruption in to generate international legitimacy topical issues of the day and in the the administration of the City of for the elected regime. The grow- process fomented opinion among Cape Town during the last five ing global disdain, since the end the electorate. years when she served as mayor. of the cold war, for undemocratic Voters thus thought she was a governments has given credence to Voting behaviour good and reliable candidate for the role of international observer It was often believed that people in the premiership of the province. teams. Yet, international observa- the Western Cape were apathetic At the same time, the ANC failed tion is also necessary to convince the towards politics. The 2009 elections, to demonstrate a clear ability to international community, which is however, proved this perception deal with corruption or provide traditionally the main source of aid wrong as voter turnout saw a services. The party was accused of to Africa, that the elected govern- massive increase. Yet what remains cronyism, nepotism and corruption. ment has truly been mandated by to be explained is what exactly Its provincial leader, Mcebisi the electorate. informed the voting behaviour of Skwatsha, had been accused of The April 22 elections were citizens in the country in general fomenting division in the party. This witnessed by more than 300 and in the Western Cape in concern, and implication for party international observers from particular. Generally speaking, a performance, led the ANC to elevate various international organisations, number of factors tend to influence Lynne Brown, Skwatsha’s deputy, including the Commonwealth, the the behaviour of voters. These as the party’s provincial premier African Union (AU), and SADC, to include the credibility of candidates candidate. Yet, Brown’s candidacy name just a few. The AU observer presenting themselves for election; still could not deliver the province mission included a delegation from previous record of parties seeking to the ANC. COPE performed below the Pan-African Parliament, and election or re-election; the manifesto expectation possibly because of its members of civil society. The mission and development programmes of poor visibility during the terminal was headed by Dr Salim Ahmed parties; election promises; and the stages of the campaign and also Salim, a former Prime Minister of perceived ability of a party to address because of the candidate it fielded Tanzania and a former secretary-

161 EISA Election update south africa 2009 no 6 general of the Organisation of The SADC sent in an 88-member tion, violence, and utterances of African Unity (OAU). Another observer team, which was deployed party functionaries. Observers also prominent member of the AU to eight of the nine provinces. Thus took note of the strengths of the dele­gation was former Nigerian a number of international observers electoral process. They prepared president Olusegun Obasanjo, were in the Western Cape. reports based on their observation who headed straight to KwaZulu- The role of the international and made official statements at the Natal upon arrival because of the observers has been similar across conclusion of the electoral process province’s high potential to witness the country. Among other functions, in which they commended the IEC election-related inter-party violence. observers saw to the smooth run- for its success as well as indicated However, the exact size of the AU ning of the elections. In this regard areas of the election processes need- delegation remains unclear. While they took note of any incidents ing strengthening. The idea behind the AU claimed to have deployed that breached or could potentially international observers was to ac- a 42-member observer team, the undermine the credibility of the cord the entire process domestic and local press puts this number at 20. polls, including political intimida- international legitimacy.

162 EISA Election update south africa 2009 no 7

ELECTION UPDATE 2009 7 Number 7, 30 MAy 2009

Eastern Cape

Thabisi Hoeane – Rhodes University

This article focuses on the pro- reports, the process was not atten­ vincial post-election processes: the ded by major problems although contents counting process, results manage- some challenges were en­countered ment, the announcement of results at some stations. For example, at the EAStern cape 163 and post-election disputes. Mthatha counting station, problems that were experienced ranged from FrEe state 165 The counting process time-consuming activities such as Gauteng 167 As in other provinces, the proc- the counting of ballots, which gen- ess of counting election ballots erally took 30 minutes, to disagree- Kwazulu-natal 168 was carried out at voting stations ments among party agents about the or in some instances in specially proper counting procedures to be WEStern cape 173 designated counting stations. This followed, which led to the process involved the collation of votes at stretching from 9.00 pm after the stations around the province, which close of the station to the following were then relayed to the provincial day at noon.2 operation centre in East London One serious allegation that was for onward transmission to the lodged with the police was raised by National Results Operations Centre Cope in the OR Tambo district of (ROC) in Pretoria. Transkei with the party alleging that The process at the voting stations envelopes that carried special votes commenced after the closing of had been tampered with by the voting stations at 9.00 pm. The ANC.3 But indicative of the extent to stipulation was that counting be which the process was a success in done in the presence of party agents the Eastern Cape together with the and each party be accorded at least Northern Cape and Mpumalanga two representatives, observers was that the IEC in its interim press and the police.1 There were five release on 24 April on counting, said stages of the process followed that they had completed all their sequentially at each counting counting and lodged them with the station: the verification of ballots, national results centre in Pretoria.4 their unfolding, sorting, and reconciliation, counting, check Results management counting and the bundling of the The provincial results centre, which ballots before they were handed was responsible for collating all over to the counting officer. The results from the various voting process was the responsibility of and counting stations, was located IEC officials with observers and at Regent Hall in East London. party agents monitoring the activity According to the IEC, the provincial and police providing security. centre’s activities were to mirror the According to overall media national centre in Pretoria by having

163 EISA Election update south africa 2009 no 7 technical help desks, a results expected given the unprecedented results and developments were resolution authority, an electoral high turnout of voters. public and private radio stations operations ‘nerve centre’ and an The provincial IEC also raised around the province, which also information technology division.5 critical issues in terms of strength- carried the results announcement To this end, the provincial centre ening and making efficient the from the centre. utilised 57 computers and printers, process of election management. 50 phone lines and 5 km of fibre and Reverend Finca recommended that Post-election disputes telephone cabling and, according to provincial IECs be allowed to print Post-election disputes, as would provincial IEC head Reverend Bon- and package ballot papers, just as be expected, ranged from parties gani Finca, ‘It is intended to provide in local government elections, in raising objections to the perceived up-to-the minute information so as order to obviate the challenges that limitations in the electoral process to to ensure that the election results were faced with regard to shortages parties blaming each other for com- remain relevant and credible’.6 of these materials during election mitting electoral irregularities. The centre also housed media day.10 Although provincial voting representatives (both print and elec- was generally hailed by the media, tronic), with the public broadcaster, Announcement of political parties and the IEC as the South African Broadcasting results having been successful, there were Corporation (SABC), allocated a The announcement of provincial still complaints that were regis- whole floor and 16 offices having results from the provincial centre tered from various quarters. For been made available for utilisation proceeded well, with up-to-date example, both Cope and the DA by political party representatives.7 results being made available by raised concerns about voters who Thus from an infrastructure the media from the East London were ineligible to cast special votes point of view the centre was nerve centre as they came in. The having done so, arguing that this adequately equipped to handle provincial IEC made available the would potentially lead to abuse of data processing from the polling first interim results from as early as the process.16 Much more seriously, and counting stations around 8.00 pm on 23 April.11 By midnight, Cope’s Port St John’s liaison officer, the province and the media also about 99 per cent of the votes had Archie Ralo, alleged that an uniden- had adequate access to report the already been counted and relayed tified woman was found with ballot processing of results. to the national centre, indicating papers at a voting station.17 Despite this there were com- the ANC’s leading role, followed Other complaints revolved plaints related to how the IEC by Cope in second place and the around accusations lodged by managed the processing of elec- DA in third place.12 Testifying to the parties against each other, with tion results, with, ironically, some smooth way in which the counting the most common being the illegal of the complaints emanating from was conducted, it was reported in campaigning at voting stations. IEC officials. For example, some the press on the morning of 24 April The PAC made this allegation with IEC officials, who chose to remain that the centre had already been respect to ANC officials who were anonymous, complained about officially closed on the preceding allegedly seen distributing party the inefficiency experienced at the night.13 pamphlets around a voting station provincial nerve centre, citing lack The critical role that the media at Engcobo, releasing a statement to of cooperation and unavailability played in this regard can be deduced the effect that this ‘amounts to cam- of officials to collect the equipment from the special websites set up by paigning and that is not allowed in they had used such as scanners and the two main news dailies in the the vicinity of a polling station.’18 ballot boxes.8 province (the Daily Dispatch and In another incident, a dispute The other concern was that con- The Herald), which carried updated ensued at Scenery Park in East Lon- fidential information, such as the reports from the centre and indeed don when IEC officials confronted ID numbers of voters, might have published front-page reports on ANC members for allegedly setting fallen in the hands of criminals due interim results on their print editions up a table too close to the voting to the negligence of the IEC. This is on the morning of 24 April.14 The station and telling voters to choose because at various voting stations accessibility and availability of the the party, a charge denied by the in the Nelson Mandela Bay Metro, results can be indicated by the fact ANC.19 envelopes containing this informa- that the Saturday Dispatch of 25 April Despite all these disputes, it tion were found littered about and was able to publish a detailed, multi- should be observed that, overall, unattended to after the election.9 coloured, full-page provincial map these occurrences were not so major However, these were isolated of the province indicating how the as to have tainted or adversely issues and were at best anecdotal major three parties had fared in all affected the outcome of the election or it can be safely said they were the municipalities, and comparing results, as political parties generally to be expected given that a seam- these with the 2004 election results.15 welcomed the way the process was less process could not have been The other critical source of election handled. That is, the complaints

164 EISA Election update south africa 2009 no 7 were of such a minor nature that Conclusion 7 Ibid. 8 Asanda Ntini, ‘Inside the disgruntled IEC they did not significantly change Despite some relatively minor machinery’, EC TODAY, 6 May 2009, p. 4. the outcome of the results. glitches, the processes discussed 9 Rochelle de Kock, ‘IEC litter abandoned at polling venues’, The Herald, 24 April 2009, And, indeed, countrywide the above – the counting and man- p. 4. IEC noted that only 12 formal agement of election results, their 10 Political Editor, ‘Finca calls for provinces objections to the elections (neither to be given responsibility for papers’, The announcement and post-election Herald, 24 April 2009, p. 4. the nature nor province in which disputes – signified that the proc- 11 Msimelelo Jwabane, ‘ANC back in power in they allegedly occurred were ess was indeed successful. Media EC’, Daily Dispatch, 24 April, 2009, p. 1. 12 Ibid. specified) were lodged with the analyses, observer reports and IEC 13 Msimelelo Jwabane and Myibongwe IEC by three parties (the DA, Cope pronouncements indicated that, Maqhina, ‘ANC back in power in EC’, Daily Dispatch, 24 April 2009, and the IFP) by the end of polling provincially, there were no serious p. 1. day.20 This led to the holding up of defects in these processes, which 14 See Msimelelo Jwabane, ‘ANC back in the official announcement of the power in EC’, Daily Dispatch, 24 April 2009, mirrored the national scene. p. 1., and Patrick Cull, ‘Zuma parties as ANC election results, until these were seals victory’, The Herald, 24 April 2009, addressed by the IEC.21 Endnotes p.1. 15 ‘Eastern Cape’s new political map’, Saturdy The results were formally 1 http://www.dispatch.co.za/politics/article. Dispatch, 25 April 2009, p. 4. announced on 25 April, two days aspx?id=310788 16 Msimelelo Jwabane and Myibongwe after the poll and well within the 2 Ibid. Maqhina, ‘IEC to probe eve-of-election 3 Sue Blaine, ‘Voting in cold Eastern Cape ‘irregularities’, Daily Dispatch, 22 April 2009, seven days in which the IEC is p. 1. goes smoothly in the main’, Business Day, legally obliged to announce the 17 Ibid. 23 April 2009, p. 4. 18 http://www.dispatch.co.za/artciles.aspx/ results. A deduction can be made 4 http://www.elections.org.za/news_get. id=310470 therefore that whatever the nature asp?NhewsId=419 19 http://www.theherald.co.za/special reports/ 5 http://www.dispatch.co.za/therep/article. article.aspx/id=414448 of these formal objections, they aspx?id=308896 20 http://www/elections.rog.za/news_get. were not serious enough to have 6 http://www.disptach.co.za/politics/article. aasp?NewsId=419 negatively impacted on the results. aspx?ID=310807 21 Ibid.

FREE STATE

KC Makhetha – University of the Free State

There are three significant area, and then the voting station is each day, new ballot boxes had to phases of elections and each one converted into a counting station. be used. A new ballot box would be carries great importance. The pre- Once the preparations have been checked thoroughly in the presence election stage prepares and puts completed for counting, the boxes of party agents, to make sure that plans in place to ensure that the are opened and the job of counting it was empty when voting began. elections themselves are free and begins. It would then have to be sealed at fair. The second phase, the polling the end of the day, in the presence phase, focuses on operations and The counting process of party agents. All these boxes had activities on the actual polling day, The counting process began im­ to be locked up in a strong room for focusing on ensuring the integrity mediately after voting had ended safety and were released at the time of the voting and all stakeholders’ and involved three processes and of counting. Seals had to be checked roles within it. The third and final stages: the counting, sorting and to ascertain that no interference or phase of elections is the post- verification processes. The counting fiddling with the seals had occurred. election period, which begins when process required that the numbers Once the party agents had satisfied the voting stations close. When tally and that the utilised ballot themselves by checking, they had voting comes to an end, the voting papers are checked for an official to add their signatures to confirm stations literally close and the ballot stamp. their satisfaction. boxes are sealed in the presence of The safety of ballot boxes is Capturing of results started im- political party agents and all party of the utmost importance. For mediately after the voting stations agents also sign the boxes to confirm example, on 20 and 21 April 2009, had closed, and once the counting their satisfaction with the process. special votes were cast in the Free was done the counting officer had to These boxes are packed in a secure State, as in other provinces. On sign the results off. Results slips had

165 EISA Election update south africa 2009 no 7 to be signed immediately and the re- is the innovation of establishing Post-election disputes sults were pasted at voting stations results centres in the province, It is important to note that disputes for transparency. Counting at some drawing stakeholders into a single were handled as well as the proc- counting stations was delayed due location, providing a venue for ess required. It was reported that to power failure, but once the elec- constructive interaction, and there were no formal complaints tricity issue was resolved, counting allowing the media and the public registered with regard to election got underway. to join the monitoring of the results. day proceedings, except the DA’s The results from the counting This will contribute to democracy complaint with regard to the short- stations had to be sent to the office and the legitimacy and acceptance age of ballot papers at some polling of the Municipal Electoral Officer of the outcomes/results of the stations. The DA feared that this (MEO) for capturing, and at each elections. A process this transparent would rob its own voters of a chance MEO’s office there were auditors benefits political parties and the to vote, leading to a possible loss of contracted by the IEC to check the results management system allows support for the party. correctness of the data capturing, for representatives to monitor and The complaints that there were before the results could be trans- keep track of the counting process were about the shortage of ballot pa- mitted to the national IEC results and lodge complaints should pers on election day and the fact that centre. any irregularities be immediately it took too long to provide extras. A It is also important to note that apparent. claim made by the DA is that certain the Provincial Electoral Officer of The clarity with which the IEC people decided not to wait for ballot the Free State province also checked handled the process of results papers, and that such people could the results (both provincial and coordination, counting and an- have been their supporters and national) before posting these. The nouncement was designed to build members. Such a claim could not be other important part of the process trust in the process. The verifica- proven and therefore became very was the Exception Reports that had tion process at each stage, from the difficult to address. to be addressed, and explanations counting stations, to the MEOs’ provided for all queries. offices through the hands of audi- Conclusion Counting was completed in just tors and PEOs, before being given The level of fairness displayed in over 24 hours in the Free State. The to the IEC National Results Centre, how the post-election process was bigger municipalities like Man- was a sensitive area which had to be handled gave hope that democratic gaung (FS172), Matjhabeng (FS184), scrupulously handled. Only when principles are deepening within the and Maluti a Phofung (FS194) took all parties involved were satisfied Free State society. Procedures with longer to complete. By the end of could the results be announced. regard to counting and verification the counting process no complaints were strictly followed, allowing had been received with regard to Announcement of transparency throughout. Partici- the counting process. Party agents results pation of the different stakeholders played their part in the process well, As the results trickled in at the was impressive and all complaints and worked well with the counting Free State provincial office of the and contributions were handled officers at the respective counting electoral commission, regular media well by the IEC. In the end, all politi- stations. briefings took place to keep the cal parties accepted the results. media and the public informed. Results management Results were interpreted and pub­ references Transparency plays a huge role in licised based on the total voting IEC Free State office – Media briefing building trust in the process. At districts completed. session 23/04/2009. every stage of counting, political The provincial results were Informal conversations with Political representatives were made aware readily available by 25 April, but party representatives in the Free State 24/04/2009. of the status of results and, where they were still being treated as Markinor Ipsos Research Survey, April necessary, an interpretation of preliminary results, awaiting the 2009. results was provided. finalisation of all complaints before What should be considered they could be signed off as official.

166 EISA Election update south africa 2009 no 7

GAUTENG

Ebrahim Fakir – EISA and Shaheen Buckus – Independent Researcher

Counting process Results management provided for in the Electoral Act No Once voting has been officially Once the counting process is finish­ 73 of 1998. The 48 hours is a window completed the used ballot boxes ed, results slips are completed in period for parties to raise objections are sealed ahead of counting and duplicate. One result slip is left at with the commission. In Gauteng the voting station is closed and re- the venue and the other is escorted the last results were captured at arranged for counting. The count- by police in a tamper-proof bag 5.50 am on Saturday 25 April 2009, ing process consists of a number of to the results capturing centre. and were officially announced later steps, namely verification, unfold- In Tshwane and Johannesburg that morning. The national results ing, sorting of ballots, reconciling results were captured centrally as were announced officially on Satur- of ballots and, finally, the actual opposed to Ekhurhuleni, where they day evening. Therefore, the results counting of the ballots. were captured in a decentralised were announced timeously and In essence, verification is a manner. within the seven days as provided process to check the ballot paper At the results capturing centre for in legislation. statement against what is received, the results slips are verified and There have been no formal post- viz. sealed used and unused ballot if there are any mistakes these are election disputes in Gauteng despite boxes and containers.1 In terms of amended and signed off by the disappointed individuals from unfolding, a sealed ballot box is presiding officer in conjunction with certain parties. Notwithstanding chosen and opened by breaking the the relevant party agent.3 The results this, simmering tensions are seal. The ballot box is emptied onto slips are recorded once officials are beginning to emerge within the the unfolding table, where counters satisfied there are no mistakes. ANC-led alliance, particularly unfold each ballot and place it face After the results slips have been between the African National down. recorded, they are scanned for Congress and the Congress of South The next step is to sort the ballots greater transparency. The results African Trade Unions. This was in terms of provincial or national are then captured twice before clearly manifested when Gwede ballots and into the different parties. being saved on the system. Once Mantashe addressed the National Once the ballots for an election are the results are captured the auditing Union of Mineworkers conference. sorted the counting officer recon- stage commences with checks for He warned unions about public ciles the ballots by checking that consistency of the scanned image attempts to force the newly they correspond with the number and captured result. If there is no constituted ANC government on the ballot paper statement. problem the auditor does an audit to capitulate to their demands, After reconciling the ballots, at report that declares the results as citing the National Union of Metal each counting table counters write final.4 Workers of South Africa’s march to the names of each candidate or par- In relation to the quality of the the South African Reserve Bank to ty on separate pieces of cardboard results management there are cat- favourably influence the interest or paper that will serve as markers egories of exceptions built into the rate decision as an example.5 Much on the table.2 Thereafter counters system, for example in which there of the evident contestation amongst sort the ballots face up into party is a discrepancy between provincial constituent members of the ANC votes, using the markers to pile the and national results for a party. The ruling alliance is at the level of ballots against. management of results in Gauteng policy, and a struggle to determine Ballots that are not in dispute progressed smoothly, encountering the strategic policy thrust of the new are counted and placed in batches. only one major challenge: incom- administration, nationally. These Once the figures for these ballots plete results slips due to section tensions have not manifested in are checked they are entered into 24A votes or special votes being open political conflict, especially the appropriate section of the re- overlooked. not in the Gauteng Province as sults slip. they have to the same extent in During the entire counting pro- Announcement of the Western Cape, Eastern Cape cess no one is allowed to leave or results and post- and North-West Provinces, where enter the counting station except election disputes the ANC has considered options the presiding officer. In Gauteng all The Independent Electoral Com- to dissolve the provincial party results were declared with no prob- mission cannot announce election leadership structures, because of lems or complaints being lodged. results before the 48-hour period as internal political conflicts.

167 EISA Election update south africa 2009 no 7

Another example of tension in Gauteng Province, have never been being reported. The results were the alliance is the remark by Trevor completely absent, in part because of announced timeously and there Manuel, Minister in charge of the the violent political cultures which were no post-election disputes Planning Commission. He accused characterised both the repression despite tensions between alliance business of being cowards because of the apartheid state as well as the partners, which is not peculiar or they were giving into unions political cultures of resistance of endemic to Gauteng. and working together to act as a and protest against apartheid. None counter­weight against the unions.6 of the political and social violence, Endnotes These examples suggest that the however, is directly attributable to 1 http://www.elections.org.za/documents/ African National Congress is not election-related political conflict FlowChart_Handbook.doc going to accede to the demands and political violence in the post- 2 Ibid. 3 Interview with Walter Shiburi: IEC of unions to shift policy to the left. apartheid era. (Manager: Electoral Reports) This might lead to a strained and 4 Ibid. Conclusion 5 http://www.politicsweb.co.za/politicsweb/ antagonistic relationship amongst view/politicsweb/en/pagepage71627?oid= alliance partners, but it is unlikely to In Gauteng voters turned out en 131079&sn=Detail degenerate into a sustained conflict. masse to participate in the elections. 6 http://www.mg.co.za/article/2009-06-12- manuel-brands-business-cowards However, occasional acts of political Their behaviour was exemplary, and social violence, especially in with no incidents of violence

KWAZULU-NATAL

Salomé van Jaarsveld – ACCORD (writing in personal capacity)

The counting process page represents the counting proc- verify that they are intact and asking Counting in the KwaZulu-Natal ess and counting station layout, party agents to check and verify the (KZN) province ended on Friday with party agents and observers state of the seals. During the sorting afternoon, 24 April 2009. At the observing counting. process, counters examine each time the Independent Electoral The verification process involves ballot paper to ensure they carry the Commission (IEC) had received verification of,inter alia, Ballot Paper official IEC stamp, which is unique no objections to results from party Statements, used and unused ballot to each voting station. Ballot papers agents observing the counting boxes, and other documentation. without the stamp are rejected. process. The counting proceeded IEC officials double-check that the Ballots are then sorted into those fast: on midday of the day after Ballot Paper Statement corresponds for provincial and national votes. elections, the IEC Provincial Elec­ to the number of used and unused The Counting Officer keeps a record toral Officer in KZN, Mawethu ballot boxes received and other of the number of rejected ballots Mosery, reported that nearly 50 per contents. Some other items that that do not have the official stamp cent of the votes in KZN had been should be verified against the on the back. The number must be captured on the IEC’s electoral Ballot Paper Statement include the confirmed with party agents and system and that the rest had been certified segment of the voters’ roll observers and placed in a separate stored in secure tamper-proof and unused and cancelled ballot envelope marked ‘Rejected Ballot transparent envelopes. He also papers. Of importance are the Papers’. Reconciliation is the final reported that by that time 900 of Objections to Voting forms (on which step of the verification process KZN’s polling stations had been party agents can note objections and involves counting the number audited.1 47,092 spoilt national during voting) and a report on all of ballot papers for each election, ballots and 43,713 spoilt provincial the objections and decisions taken noting down total numbers. The ballots were recorded in KZN. up to that time. The ballot boxes are total number should correspond The IEC is guided by the Elec- then opened and ballot papers are with the number on the Ballot Paper toral Act 73 of 19982 which provides reconciled. This involves unfolding Statement. During counting, ballots guidelines3 on procedures and regu- the ballots, sorting the ballots and are sorted into party votes, with lations to be followed by the IEC final reconciliation. questionable votes separated into a staff, party agents and observers at When unfolding ballots, officials different pile. The Counting Officer voting stations during the counting follow a specific procedure that will take a decision on whether process. The graphic on the next includes examination of seals to or not questionable votes should

168 EISA Election update south africa 2009 no 7 be rejected. Counted ballots are was observed by party agents who, counting, which he argued would sorted into batches of 100; figures after counting, signed the results minimise problems such as queues are entered onto the appropriate slips.4 The general behaviour of and counting delays.9 section of the relevant Results Form. party agents was also commended.5 In KZN, the Community Based When the count for the different There are indications that some as- Organisation Coalition (COMBO- elections is completed and the status pects of the process can be further CO), which forms part of the Kwa- of questionable ballots decided, improved, however. For example, Zulu-Natal Democracy Education the Counting Officer completes the the Electoral Institute of Southern Forum (KZNDEF) coalition, led on different results forms for national Africa (EISA) Observer Mission polling and counting observation. and provincial elections respectively. recommend in its interim report COMBOCO itself deployed 440 ob- The Deputy Counting Officer may that training should be provided to servers and in total 27 KZNDEF ob- double-check calculations. Parties ensure that election officials under- servers were deployed per district in are then asked to endorse the stand election procedures, including the province.10 The coalition reports different results forms by signature the guidelines for counting ballots. that although it had not witnessed next to their party’s results and are The mission also found that proce- any serious counting irregularities allowed to take a copy of the results dures were not applied uniformly, it was concerned about political form. for example, some polling stations intimidation at polling stations, used one ballot box for both national which may well have influenced Perspectives on the and provincial ballots, and others counting. The Democratic Alliance counting process used two.6 (DA) was not able to deploy party By all accounts the counting process Both the EISA and SADC ob- agents at all 4,187 voting and count- nationally and in the province pro- server missions recommend that ing stations in KZN, but the party ceeded fairly, was free from political translucent ballot boxes would in- is confident in the process – it is felt intimidation and was transparent. crease transparency and minimise that the presence of party agents The Southern African Development chances of attempted fraud.7 (The (not necessarily of the DA) gener- Community (SADC) and the South IEC had planned to use transparent ally ensure transparency, accuracy African Civil Society Election Coa- boxes but the samples tested were and fairness (other parties were not lition (SACSEC) have commended not strong enough – one box cracked available for comment). While the IEC staff and party agents, noting on testing.)8 President Kgalema DA had raised a number of com- that counting started immediately, Motlanthe, in his national address plaints with the IEC, many relate ‘was conducted meticulously and after results were announced, also to non-counting issues like ballot lawfully’, and that the entire process called for electronic voting and papers and ballot boxes running

169 EISA Election update south africa 2009 no 7 out. These issues were dealt with swiftly and efficiently by the IEC, Results Process however, and any issues pending relate to the performance of spe- cific IEC staff, rather than on the outcome of the elections. The party is of the view that IEC staff were well trained and that the IEC dealt Results slips with any problems professionally to MEO Verification Counting 3 and swiftly. The DA reports that the 4 IEC in KZN, under Mr Mosery, ran 2 Voting 1 5 a very successful and professional Double Entry and Validation election; that the process was trans- Results Process Capturing parent and that IEC staff were very A 10 6 11 B approachable. C 9 8 7 D E Results Management Result Save and Available Exception Print Results process Check File Audit The results process starts when System vs. Original the result at each voting station 2 is finalised and agreed by the Counting Officer and party agents. After counting, two results slips for the first time, the scanning centres were well equipped and are produced, each unique, to stop of results slips to improve trans­ accessible. Further credibility was them from being used elsewhere. parency and efficiency. In terms of lent to the process as results were Every voting station also has a security, the security system is said streamed on screens as they came unique number and that number to be ‘impeccable’ and likened to a into the results centre.15 The KZN is captured on the results slips. A banking system, both in terms of ROC, at the Durban Exhibition copy of the results slips should be the process and against hackers, in Centre, served as a base for the displayed publicly. The original is particular because results slips are media and a meeting place for then sent to one of the 300 capturing saved at more than one location.13 political, business and government centres across the country, where The system is also enabled to check leaders to keep abreast of results. the two results slips are checked for anomalies. For example, in one It was headed by IEC provincial against a scanned image of the case there was a large discrepancy electoral officer, Mawethu Mosery. slips. The results are then scanned between the number of national Election related activities from across electronically, using barcode and provincial votes for one party the province were coordinated from scanners. The results are captured in KZN. The system asked for a ROC, which was operational until and if they match, are saved. They recount and it was discovered that April 26. Radio and television are then printed out and sent to the a presiding officer was responsible stations, newspapers, and all 17 auditors for checking against the (wittingly or unwittingly) for the political parties contesting elections original results slip before signing error. The system also automatically provincially, were allocated offices off on the entry. The original slips asks for a recount when the voter to operate in from the run-up to the are then further validated and sent turnout at a voting station is more elections and afterwards. The ROC for filing. The results system is than 100 per cent, although auditors also served to inform the electorate protected against fraud by making are able to override this function be- and to create a base from which it impossible for auditors or data cause of the change in electoral law information could be disseminated capturers to change results once which allows voters to vote outside to people in the province and the the results match. Spoilt votes are their voting districts.14 country.16 also entered into the system. The Results were fed from the KZN validation, done by auditors who Results management ROC and other ROCs to the IEC’s went to every data-capturing centre, Results Operation Centres (ROCs) geographic information system was checked through a unique audit that were set up by the IEC in each (GIS) at its National Results Oper­ code, which was used after the province helped to give the voting ation Centre (NROC) in Tshwane. auditor had validated the results.12 and counting process legitimacy, The GIS captured results from The IEC had worked over the by opening up the entire process to 19,000 voting stations across the past years with political parties to public scrutiny. The ROCs helped country and depicted them on the improve the counting system. In the to ensure that results were relayed display boards at the National Re- 2009 election, the process included, to the headquarters and that the sults Operations Centre. The NROC

170 EISA Election update south africa 2009 no 7 is from where the IEC operated and conceded defeat, complaints re- commended the IEC for profession- where election results were tallied, lated largely to ballot papers and alism and for dealing swiftly and verified and announced. The centre boxes running out, causing delays efficiently with any problems.23 also served as a base for journalists, in some voting districts. Dr Bam, political analysts, election observers in her address, noted that many of Final provincial results – KZN and representatives of the 26 parties the problems that arose were not of The African National Congress contesting the national elections. It the IEC’s making. These included (ANC) won 62.95 per cent of the had 450 computer workstations, the Constitutional Court decision vote in KZN, giving it 51 seats in 300 telephone units and more than to allow South Africans overseas the provincial assembly. It was fol- 1,000 electricity power points. Over to vote and the short notice to com- lowed by the main opposition in 220 call centre staff and 30 GIS staff ply with the judgement; increases the province, the Inkatha Freedom members were working shifts from in the number of people casting Party (IFP), which won 22.4 per cent Election Day until all the votes were special votes on 20 and 21 April; of the vote, and 18 seats in the pro- 17 received at the NROC. The media the higher than expected voter vincial assembly. Although the IFP was also allocated space at NROC. turnout of 77.3 per cent; adverse remains the main opposition in the Office space with the relevant tech- weather conditions in some voter province, it continued to lose sup- nology was made available from areas (especially where voting tents port to the ANC. After winning the 18 one week prior to the election. were used); and increases in voting 1994 elections in the province, the 21 outside of voting districts. There IFP won again, but marginally, in Announcement of were some who also argued that 1999 by 40.45 per cent to the ANC’s results the IEC had received an ‘unfair bat- 39.77 per cent. In 2004 the ANC won The results of the 2009 national tering’; that ‘molehills were made with 47.47 per cent to the IFP’s 34.87 and provincial election were into mountains’ and that many of per cent.24 The Democratic Alliance announced on national television the achievements of the IEC were (DA) won seven seats in the provin- 22 on the third day after polling, by the not acknowledged. These views cial assembly with 9.15 per cent of Chairperson of the IEC, Dr. Brigalia were generally mirrored by elec- the vote, followed by the Minority Bam, from the IEC results centre tion observers, political parties, Front (MF), traditionally represent- in Tshwane. In terms of Section and others: in the KZN province, ing the Indian vote, with 2.05 per 57 of the Electoral Act 73 of 1998, the DA indicated that the elections cent of the vote and two seats in the the Election Commission of South were free, fair, and transparent and provincial assembly. Africa declared the 2009 national and provincial elections free and Table 1: Provincial Results fair and that they reflected the will of South African voters.19 Parties Votes % Seats The announcement of results ACDP 23,537 0.68 1 was witnessed by the president, ANC 2,192,516 62.95 51 political parties, election observers, APC 5,087 0.15 0 IEC staff and the media. The then Al JAMAH 7,612 0.22 0 president, Kgalema Motlanthe, Cope 44,890 1.29 1 highlighted some of the lessons learned in the run-up to, and DA 318,559 9.15 7 execution of, the election. He spoke GKSA 1,730 0.05 0 of the importance of people-centred ID 6,853 0.20 0 and participatory democracy and IFP 780,027 22.40 18 urged political parties to stay in MF 71,507 2.05 2 touch with their constituencies.20 Nadeco 6,881 0.20 0 In a convivial and reconciliatory PAC 2,578 0.07 0 atmosphere at the results centre, Sadeco 3,883 0.11 0 party leaders later exchanged hugs, UCDP 1,798 0.05 0 congratulations and good wishes. UDM 7,953 0.23 0 While commending voters, par- FF+ 5,760 0.17 0 ties, observers, IEC staff, the media and others for their contribution WF 1,816 0.05 0 to free and fair elections, the IEC Total 3,482,987 100 80 took the opportunity to defend it- Registered voters 4,475,217 self against allegations from some Total votes cast 3,526,700 parties that it had planned poorly. While all losing political parties IEC 25 April 2009 – accessed from www.politicsweb.co.za

171 EISA Election update south africa 2009 no 7

The newcomer, Congress of the Complaints on voting day included Limpopo and Ulundi, corroborated People (Cope), secured one seat, political canvassing around polling the allegations.33 COMBOCO also with 1.29 per cent of the vote. stations and party supporters enter- reports on an incident in Ulundi, ing voting areas without permis- after a presiding officer was arrested Complaints and sion. Mary de Haas, KZN Violence when stuffed ballot boxes were post-election disputes Monitor, reported that intimidating found on the premises. There, Dr The Electoral Act 73 of 199825 sets behaviour at the entrances to voting Buthelezi was reportedly involved out clear guidelines on how the stations was common on the KZN in a scuffle with police and a firearm IEC should deal with objections to South Coast, at Sweetwaters in was drawn by the police. results. Parties are generally able Pietermaritzburg, Pongola and in to lodge objections that are material northern KZN. Similar incidents, Endnotes to the final outcome of the election no mostly of political intolerance, were 1 Macpherson, D., 2009, ‘Counting at KZN later than 9.00 pm on the second day recorded by COMBOCO. In the going ahead at full steam’, East Coast after voting day. The IEC decides Ugu district, in the local munici- Radio News Watch blog, April 23. http:// on the objection, and if parties are blog.ecr.co.za/newswatch/?p=5138 pality of the Hibiscus Coast, and in accessed on 25 May 2009. aggrieved by the decision they are Nkokhaneni near Margate, ANC 2 ‘Electoral Act 73 of 1998: Part One’, able to appeal to the Electoral Court. and IFP supporters clashed out- Independent Electoral Commission. The announcement of results is not side the boundaries of the polling Available at http://www.elections.org. suspended pending the decision of za/Documents/Act73of98andRegs.pdf stations. IFP supporters prevented accessed on 17 May 2009. the Electoral Court. voters from entering until police 3 A fuller visual outline of the voting and On the day before the announce- defused the situation. The tensions counting processes as stipulated by the ment of results, and when count- may have been about party cloth- IEC is available at http://www.elections. ing in the KZN province had been org.za/documents/FlowChart_Handbook. ing, with some parties surprised to doc. nearly completed, no objections see many other party supporters in 4 ‘SA elections free and fair: SADC’, The had been received by the IEC in some strongholds. In the Uthungulu Citizen, 24 April 2009. the province. Nationally, only in district in the area of Port Dunford, 5 Observer Mission Report, 2009, South the Western Cape were election African Civil Society Election Coalition. gates to polling stations were also 6 ‘Interim Statement: EISA Observer results temporarily suspended after closed by supporters and voters Mission to the 2009 South African allegations of vote rigging when seemed afraid to enter.30 National & Provincial Elections’, 2009, ballot books, some empty and some As a result of such incidents, Electoral Institute of Southern Africa, 24 marked, were found at Dunoon and April. the EISA and SADC observer teams 7 ‘Interim Statement: EISA Observer Khayelitsha. Both incidents turned have recommended that electoral Mission to the 2009 South African out to be false alarms.26 law be amended, prohibiting po- National and Provincial Elections’, 2009, Nationally, by the time election litical activity near voting stations. Electoral Institute of Southern Africa, 24 results were announced, 12 com- April. www.eisa.org.za/EISA/pr20090424. They also suggest that the wearing htm accessed on 25 May 2009. plaints lodged by parties (Cope, of party clothing should not be 8 ‘Observers praise poll despite concerns’, the DA and IFP) remained outstand- allowed around polling stations.31 Saturday Star, 25 April 2009. ing, with none deemed to have an The African Alliance for Peace 9 Motlanthe, K., 2009, Address to the nation effect on the outcome – nor did at the announcement of election results (AFAP) election monitors, who were by the IEC, 25 April, SABC2. they delay the announcement of deployed in traditionally violent 10 Telephone interview with Nsome Vuyani, results.27 In KZN, the IEC received hotspots such as Ulundi, Vryheid Comboco Provincial Coordinator, 28 May 71 complaints in the April 2009 elec- and Nongoma, are of the view 2009. tions about, inter alia, damaging of 11 Telephone interview with Mike however, that these incidents of Beaumont, DA Deputy Director/ posters, interruption of meetings political intolerance were ‘isolated member of the Provincial Party Liaison and other acts of political intoler- and sporadic’.32 Committee, 28 April 2009. ance. In terms of counting there Shortly after results were 12 ‘IEC on Registration Activity & 2009 seem to have been few problems but Elections; RSA/Lesotho Agreement on announced, the IFP said it stood Facilitation of Cross Border Movement of COMBOCO reported on one – votes by the claim that information was Citizens’, 2009, Parliamentary Monitoring had to be recounted three times in received from ‘impeccable sources’ Group, 17 February. Available at http:// Harding. Results were delayed, but that ballot papers were being www.pmg.org.za/report/20090217- iec-presentation-registration-activity- mistakes were found and all party printed in the offices of the KZN 28 elections-2009 accessed on 30 May 2009. agents agreed to the final result. Premier S’bu Ndebele. IFP leader 13 ‘IEC on Registration Activity & 2009 While none of the aforemen- Mangosuthu Buthelezi, who has Elections; RSA/Lesotho Agreement on tioned complaints was deemed been asked to retract the statement, Facilitation of Cross Border Movement of Citizens’, 2009, Parliamentary Monitoring to have a marked impact on the clarified that the papers were printed 29 Group, 17 February. Available at http:// provincial election, a number of at a time the premier was not in www.pmg.org.za/report/20090217- issues that relate to the electoral act his office, but that the discovery iec-presentation-registration-activity- and political intolerance remain. of ballot papers in Mpumalanga, elections-2009 accessed on 30 May 2009.

172 EISA Election update south africa 2009 no 7

14 Telephone interview with Mike African poll’, 2009, Independent member of the Provincial Party Liaison Beaumont, DA Deputy Director/ Electoral Commission, 25 April. Committee, 28 April 2009. member of the Provincial Party Liaison http://www.elections.org.za/news_ 24 Compiled from IEC elections data, Committee, 28 April 2009. get.asp?NewsId=420 accessed on 25 available at www.elections.org.za 15 ‘Interim Statement: EISA Observer May 2009. 25 ‘Electoral Act 73 of 1998: Part One’, Mission to the 2009 South African 20 Motlanthe, K., 2009, Address to Independent Electoral Commission. National and Provincial Elections’, 2009, the nation at the announcement of Available at http://www.elections.org. Electoral Institute of Southern Africa, 24 election results by the IEC, 25 April, za/Documents/Act73of98andRegs.pdf April. www.eisa.org.za/EISA/pr20090424. SABC2. accessed on 17 May 2009. htm accessed on 25 May 2009. 21 Bam, B., 2009, Announcement of 26 ‘W Cape results suspended’, The 16 ‘IEC results centre to keep stakeholders election results by the IEC, 25 April, Independent on Saturday, 25 April 2009. informed during elections’, SABC NEWS, SABC2. 27 ‘IEC: Objections will not affect outcome’, 19 April 2009. 22 Makhanya, M., 2009, ‘Lessons from an 2009, Independent Political Bureau, 25 17 Thakali, T., 2009, ‘All systems go at IEC election that brought out our best April. Available at http://www.iol.co.za/ nerve centre’, Saturday Argus, 18 April. and worst’, Sunday Times, 26 April. index.php?click_id=3086&set_id=1&art_ 18 http://forafrica.co.za/?p=1127 23 Telephone interview with Mike 19 ‘IEC announces final results in South Beaumont, DA Deputy Director/

WESTERN CAPE

John Akokpari – University of Cape Town

Contrary to pessimistic expecta- ing to be done at the voting station and party agents inspected the tions, the general elections of April after the close of polls. The counting ballot boxes to satisfy themselves 22 went smoothly. With the excep- process, to be done in the presence that seals on the ballot boxes were tion of a few problems which related of party agents, is to be managed by not broken, i.e., to be certain that mostly to the shortages of ballot the counting officer who is a repre- the filled ballot boxes had not been papers and boxes at some voting sentative of the IEC. The Election tampered with. After the counting stations, the entire voting process Act provides for political parties to of votes was concluded, both the proceeded without major hiccups. station two agents at each polling counting officer and party agents The smoothness of the election and station. However, these party agents ensured that the number of ballot the general peace and tranquility, should be registered with the IEC. papers supplied to that particular especially in the aftermath of the In the Western Cape these impor- polling station tallied with the sum polls, were attributed to a number tant procedures were followed. The of votes cast (valid and spoiled), of factors, including transpar- Electoral Act also provided details as well as unused ballot papers. ency in the counting process, the on how the actual counting was to Thereupon, party gents signed professional management and the be conducted and also how ‘spoiled the necessary forms to indicate announcement of the election re- ballot papers’ were to be managed. their satisfaction with the counting sults. This update focuses on these A ballot paper would be considered process. In the Western Cape this critical elements of the elections in ‘spoiled’ if it paper indicated the process proceeded smoothly. At the the Western Cape. The update also identity of the voter; if it contained end of the counting process it was indicates if there were any post- a mark for more than one candidate discovered that the total votes cast election contestations. or party; if it was unmarked; and if were 2,049,097. Of these, 2,027,579 it was marked in such a way that were considered valid while 21,518 The counting process it was reasonably impossible to were deemed spoiled. The counting of ballot papers, if not determine the voter’s choice. The seen to be transparent by various counting officer marked ‘rejected’ Management of the stakeholders, can be a potential on the back of each spoiled ballot results source of dispute. For this reason, paper in accordance with the Elec- In addition to transparency and it was essential that established tion Act. The counting officer also credibility in the counting of bal- procedures were followed during marked ‘disputed’ on the back of lot papers, the manner in which the counting process. Sections 46-50 ballot papers over which there was results were managed also had the of the Electoral Act 73 of 1998 clearly disagreement among party agents potential to impact on the credibility set out the procedures for counting, regarding the choice of the voter. of the outcome of polls. To ensure as well as modalities to be followed The counting of the ballot papers effective and responsible manage- in lodging complaints against the was preceded by a process of verifi­ ment of election results, the Election process. The Act provides for count- cation. Here, both the election officer Act outlined modalities for the 173 EISA Election update south africa 2009 no 7 management of election results. Ac- ment at the polling station by the election materials, especially ballot cording to Sections 50-51 of the Elec- counting officers at the conclusion papers and boxes, were areas of toral Act 73 of 1998, the counting of the counting process. This, as her party’s strongholds. It will be officer must announce the results indicated already, was done in the recalled that some polling stations at that particular polling station to presence of party agents and in in the City of Cape Town, including the public and party agents present. accordance with the provisions of South Peninsula High School (Ward The announcement of the results at the Election Act. The figures an- 73); Pinelands Town Hall (Ward 53); the polling station was a separate nounced at the polling station were Parklands Baptist Church (Ward event from the final declaration provisional, although these were 104); Voortrekker High School (Ward by the IEC. The announcement of subsequently confirmed as final by 59); and Schotse Kloof Civic Centre the results by the counting officer the IEC, as there were no serious (Ward 77) run out of ballot papers, at the polling station was meant to objections raised against them. The while the commencement of voting inspire confidence in the counting second phase of the announcement was delayed in Nyanga due to the process; to assure all stakeholders involved the official declaration late arrival of voting material. The of the transparency and accuracy of by the IEC in Tshwane. At the ICT shortages clearly disenfranchised the counting process. This process election nerve-centre in Tshwane, those individuals who were eventu- was part of the management of the the results, once certified by the ally unable to cast their vote. election results. The result declared IEC and deemed not to have been The shortages and late arrival of at the level of the polling station vitiated by disputes or contestation, election material did not, in the end, was considered provisional. The were displayed on a large screen. At result in post-election disputes. This IEC had to resolve any legitimate that point the results were declared was mainly due to the fact the DA, outstanding disputes around the official. which initially expressed concern results before they were declared While the announcement of the about them, eventually polled over as final. results at voting stations were made half of the total votes in the Western The management of the poll immediately after counting by the Cape. The DA would most probably results in the Western Cape was, counting officer, in accordance with have made a strong case about these on the whole, transparent, profes- the provision of the Election Act, the shortages if it had not won a majority sional, and followed established IEC had the power to delay the final of the votes or if any political party, procedures laid down by the Elec- announcement for seven days. This especially its most bitter rival, the tion Act. At the conclusion of the provision was to allow time for the ANC, obtained a bigger percentage counting process, all party agents IEC to deal with any disputes relat- of votes than the DA. Contented were satisfied with the process. No ing to the election and to ensure that with its simple majority vote, and party agents raised objections to the final results were credible and realising that it was making history, the counting process and all signed acceptable to all contending politi- the DA did not pursue the matter the necessary forms indicating their cal parties. further. The ANC also made no prot- satisfaction with the process. In this estation over the results, seeming to regard, credit went not only to the Post-election disputes have accepted its waning popularity party agents for conducting them- It is fair to assert that the 2009 elec- in the province. selves in the most professional way, tions went smoothly, notwithstand- but also to the counting officers who ing the pre-election skirmishes Conclusion demonstrated uttermost neutral- especially between supporters of The outcome of the election was ity in the management of the poll the ANC and Cope, as reported significant in a number of ways. results. Credit was also due to the in the media in the province. The First, it was an election marked by hundreds of party supporters who stakes were extremely high in the the fiercest competition ever seen waited to hear the announcement of Western Cape where no political in the province. The competition the results at the voting station and party had won a majority since was given importance by the emer- for gracefully accepting the figures 1994. The expectation among pes- gence of Cope, which was largely a as announced by the election offic- simists was that the election proc- breakaway faction from the ANC. It ers. The security officers are also ess would be marked by serious will be recalled that until the 22 April due commendation for ensuring an controversies and post-election election, the ANC had the largest atmosphere that was free of intimi- disputes. This pessimistic scenario, following in the province. But, above dation and harassment. however, never materialised. In fact, all, the election was significant for there were no major post-election being the first, since the province’s Announcement of disputes in the Western Cape. The post-apartheid history, to deliver a results only complaints that came close majority party. The implications of As indicated above, the announce- to disputes was DA leader Helen DA majority votes and other related ment of results underwent two Zille’s complaint that the voting issues will be highlighted in the next phases. First was the announce- areas which suffered shortages of update.

174 EISA Election update south africa 2009 no 8

ELECTION UPDATE 2009 8 Number 8, 13 June 2009

Eastern Cape

Thabisi Hoeane – Rhodes University

Post-election review of the People (Cope) with 13.67 contents This post-election review focuses per cent. The Democratic Alliance on the following areas: election re- (DA) thus lost its status as the EAStern cape 175 sults and their political implications, official opposition, coming in third a discussion of the gender dimen- with 9.99 per cent of the vote. Most FrEe state 177 sion of the election results and the significantly, the waning strength of Gauteng 181 challenges faced by the new Eastern the United Democratic Movement (UDM), which since 1999 had been Cape government. Kwazulu-natal 184 the official opposition party in the Results pattern and province, was evident as it fell to liMPOPO 187 political implications fourth position, registering 4.13 per In a trend that almost mirrored cent of support. Of particular note WEStern cape 189 the national results, the province was the performance of the African registered a high voter turnout of Independent Congress (AIC), which 74.87 per cent (2,888,387 votes cast), was contesting elections for the first with the African National Congress time2 and which came in at fifth (ANC), as predicted in numerous place, with 0.77 per cent. media reports such as in the Cape Twelve out of the seventeen Times,1 maintaining control of the parties that contested the poll, province with slightly more than significantly among them the Pan a two-thirds majority, at 68.82 per Africanist Congress (PAC) which cent. It was followed in second had won representation to the place by the newly formed Congress provincial legislature in the 2004

Table 1: Election results 2009, Eastern Cape elections

Party % Seats in Provincial votes Legislature African National Congress (ANC) 68.82 44 Congress of the People (COPE) 13.67 9 Democratic Alliance (DA) 9.99 6 United Democratic Movement (UDM) 4.13 3 African Independent Congress (AIC) 0.77 1 Others 2.62 0 Total 100.00 63

Table adapted from http://www.eisa.org.za/WEP/sou2009resultsa.htm

175 EISA Election update south africa 2009 no 8 poll, failed to be represented in the support in other provinces, with tation. After the 2009 elections, some provincial legislature.3 Cope being the official opposition small change has been registered, Thus the ANC once again dem- in five provinces around the coun- with 26 out of the 63 members of the onstrated its political dominance of try, including the Eastern Cape. provincial legislature being women, the province, although compared to What is dramatically demon­ translating into an increase to 41 per 2004 (79.29 per cent) its percentage strated by these results is the cent.10 A similar situation pertains poll was reduced by 10 per cent. continuing weakness of opposition to the provincial cabinet, which This means that in the process it parties in the province, with more has a 40 per cent female representa- lost 216,311 voters compared to than half of those which contested tion. However, when the premier, 2004, most of these losses coming the election – 12 out of 17 – failing Noxolo Kiviet, is added to the list, from the urban areas of the province to gain a seat in the provincial the situation changes to a 50 per cent such as Port Elizabeth and East legislature. representation. London, but it maintained its hold A future scenario might be one in Political parties do not have set in the rural areas.4 The ANC partly which the provincial political battle- quotas for female representation, dispelled some pre-election analysis field will be seriously contested by the ANC being the exception, with that Cope would be a significant the ANC and Cope, with parties a commitment to 30 per cent repre- challenger to its power base. This such as the DA on the margins sentation in elected public bodies.11 can be noted from the fact that in and the real possibility of hitherto To this end the party has 23 female many municipal by-elections which significant political parties such as members of the provincial legis- had been necessitated by some ANC the UDM totally disappearing from lature (MPLs) out of a total of 44, members defecting to join Cope the political radar. translating into 52 per cent.12 in the in the lead-up to polls, most Thus, although female participa- were won by the ANC.5 Gender analysis of the tion in the elections was high, wom- However, the tight race be- election results en’s representation in the legislature tween the ANC and Cope cannot A gender analysis of the elections and provincial cabinet is not really be dismissed, as evidenced by the can be approached from two an- reflective of this fact, as there have intensity of the parties’ political gles: participation in the elections been only marginal increases in campaigns in the province, with and representation in two critical women MPLs and MECs. However, both launching their manifestos public bodies after the elections, considering that 30 per cent is the in East London and Port Elizabeth the provincial legislature and the usual benchmark, the over 40 per respectively.6 provincial cabinet. With respect to cent representation in both bodies The ANC’s losses propelled the former, just as in other prov- is commendable and indicates room Cope into the position of official inces, the Eastern Cape registered for possible improvement. status, but this was at the expense a very high interest from women of entrenched parties such as the voters for this election. For exam- Challenges for the new UDM, which lost half its support.7 ple, 58 per cent of registered voters government This is because Cope had actually, provincially were females. And, Given that the Eastern Cape is one despite its impressive showing at most significantly, in all age cat- of the poorest provinces in South the polls, managed to muster only egories of registered voters, women Africa, a factor that was revealed around 20 per cent of the ANC’s out­numbered men.8 Although it in a report released just before the support. However, given that it is a is impossible to obtain a gender elections, in which it was disclosed relatively new party, the perform- breakdown of actual voters it would that seven out of every 10 people in ance was still credible. be safe to assume that the high voter the province live in poverty and that And these results indicate that turnout in the province means that unemployment has reached 27.4 per in the Eastern Cape, one of the five women indeed participated in large cent,13 the immediate challenge is provinces where Cope is the of- numbers in the elections. Thus, from how to reverse this state of affairs. ficial opposition, the party poses a participatory perspective, provin- The two immediate critical areas a serious and credible challenge to cially, women are firmly making to address are rural poverty and the ANC in future elections, par- their mark in elections. how to ameliorate the negative ef- ticularly the 2011 local government In terms of representation in the fects of the global recession, which elections. The DA’s provincial sup- provincial legislature after the elec- has seriously affected urban indus- port showed a marginal increase to tions, it may be noted that after the tries such as the manufacturing sec- 9.99 per cent from the 7.34 per cent it 2004 elections the provincial legis- tors in East London and Port Eliza- gained in 2004. This factor indicates lature was among six that had more beth, where workers have been laid the anomalous situation that the than 30 per cent of women repre- off and jobs are under threat. The DA, although it is the ruling party in sentation in the legislature,9 a figure latter is highly critical, as reports the Western Cape and is the national that is usually used a benchmark to have indicated that the province’s official opposition, has negligible judge progression in their represen- economy shrunk by 17.1 per cent

176 EISA Election update south africa 2009 no 8

at the end of the previous financial to maintain political unity. This 3 The rest of the parties that contested 14 the poll and failed to make it into year, which ended in April. is because its alliance partners, the provincial legislature were the The government will have to Cosatu and the SACP, have African Christian Democratic Party immediately address rural devel- indicated misgivings about some (ACDP), the Independent Democrats opment, because this was one of of the appointments that have (ID), Azanian Peoples Organisation (AZAPO), African Peoples Convention its main election manifesto prom- been made, particularly regarding (APC), Freedom Front Plus (FF+), the 15 ises. Indeed, the dire desperation the omission of their leaders National Democratic Convention of poor rural people was captured for appointment to influential (Nadeco), Pan Africanist Movement in an interview with the amaXhosa positions.18 The danger is that if (PAM), United Christian Democratic Party (UCDP), Christian Democratic king, Mpendulo Sigcau, who asked this political in-fighting continues it Alliance (CDA) and the New Vision ‘Have you ever seen a Kingdom will likely destabilise the ability of Party (NVP). without running water …? We the new government to effectively 4 Mayibonwge Maqhina, ‘EC’s urban voters voted for change but nothing is deliver on its mandate. give ANC a wake-up call’, Daily Dispatch, 16 Saturday Dispatch, 25 April 2009, p. 3. coming forward.’ And given that 5 Sibongakonke Shoba, ‘COPE sticking voters have given their support in Conclusion to election strategy despite defeats’, these areas, expectations are high The provincial victory of the ANC Business Day 12 March 3. to see tangible change being imple- has underlined its continuous po- 6 Mpumelelo Mkhabela and Brendan Boyle, ‘Race is on for struggle of mented. litical dominance of the province. heartland’, Sunday Times, 4 January 2009, In the latter case the problems However, it is clear that with the p. 4. faced by the retrenchment of work- emergence of Cope, the party 7 http://www.eisa.org.za/WEP/ ers, especially in the motor manu- faces a credible opponent for power, sou2009restlsa.htm 8 http://www.elections.org.za/Statistics1. facturing plants, should be a prior- which then makes it imperative asp?page=1 17 ity of the government. This is es- for the new government to deliver 9 http://www.eisa.org.za/WEP/soquotas. pecially so because it has been made on its election promises and ad- htm clear that Cope actually presents a dress the serious poverty-related 10 http://www.eclegislature.gov.za/mpls/ list_mpl39s formidable challenge in these urban problems that afflict the province. 11 Ibid. areas, where it has made serious The position of women is that their 12 http://www.eclegislature.gov.za/mpls/ inroads into ANC support. representation in public bodies is list_0f_mpl39s Thus, in broad terms, the ANC also an issue that still needs to be 13 Charles Molele, ‘ANC blamed for under-spending’, Sunday Times, 12 April will have to translate into reality its addressed, particularly considering 2009, p. 4. campaign promises by providing their high participation and role in 14 Derrick Spies, ‘EC economy worst hit services to rural areas and alleviat- the elections. but trend easing’, Daily Dispatch, 11 June ing the economic slump in cities, 2009, p. 1. Endnotes 15 Lubabalo Ngucakana and Bongani Hans, issues which are imperative for the ‘Helping to put people back onto the party to shore up its support and 1 Siyabonga Mkhwanazi, ‘Analysts can’t see land’, Daily Dispatch, 14 January 2009, regain lost political ground, in light ANC losing Eastern Cape’, Cape Times, 24 p. 6. of the strong emergence of Cope in February 2009, p. 5. 16 Bongani Fuzile, ‘King waits for proper 2 Disgruntled ANC members formed rural service delivery’, Daily Dispatch, 23 the province. the African Independent Congress April 2009, p. 9. Underlying the success of these after the ANC government decided to 17 Sipho Masondo, ‘Rescue plan for challenges would be the extent incorporate their area of Matatiele to the battered motor industry kicks in’, The to which the ANC is able to deal Eastern Cape instead of KwaZulu-Natal. Herald, 20 May 2009, p. 1. See Thanduxolo Jika, ‘Success for another 18 Mismelelo Njwabane, ‘Shocks galore on successfully with internal discord ANC breakaway’, Saturday Dispatch, 25 ANC’s nomination list’, Daily Dispatch, within the broader tripartite alliance April 2009, p. 5. 24 January 2009, p. 7.

FREE STATE

KC Makhetha – University of the Free State

In this article, the areas that will be Results pattern and parties. There is a clear signal that covered are the results patterns and political implications political parties need internal work political implications arising there The pattern of results in the Free on structure and focus. It appears from, a gender analysis and chal- State suggests that ‘things are fall- as if political parties put aside their lenges for the new government ing apart’ within individual political internal conflicts and displayed

177 EISA Election update south africa 2009 no 8 unity of purpose and coherence for Table 1: Results as provided by the IEC website the sake of fighting elections with Number of % the edifice of cohesion fracturing Party Name Abbr. votes votes in the post-election phase, with cracks appearing in their internal A Party NO ABBR 182 0.02 structures. The results of the provincial African Christian Democratic ACDP 7,410 0.70 election in 2009 in the Free State are Party presented in Table 1. African National Congress ANC 756,287 71.90 When looking at the results as provided by the IEC above, it is im- African People’s Convention APC 3,091 0.29 portant to keep the number of spoilt papers in mind; that is, the number Al Jama-Ah NO ABBR 323 0.03 provided at the bottom of the table, Alliance of Free Democrats AFD 353 0.03 which is above 17,000. The results are a powerful tool Azanian People’s Organisation AZAPO 3,927 0.37 that makes one realise that each individual vote counts. As was Christian Democratic Alliance CDA 568 0.05 mentioned in the previous article, Congress of The People COPE 116,852 11.11 the DA was not able to comprehend the fact that it lost the official op- Democratic Alliance DA 127,259 12.10 position position to COPE by such a small margin. It was a painful Great Kongress of South Africa GKSA 768 0.07 realisation and that is why all po- Independent Democrats ID 1,786 0.17 litical parties have to awaken to the shifting views and opinions of the Inkatha Freedom Party IFP 2,260 0.21 voters. No political party can claim to fully understand the mentality of Keep It Straight And Simple KISS 197 0.02 the voters and what informs their Minority Front MF 169 0.02 choices. It is extremely important to make time to have conversations Movement Democratic Party MDP 1,797 0.17 with the people, to understand their needs, their attitude to government National Democratic Convention NADECO 633 0.06 and also their expectations. New Vision Party NVP 314 0.03 For the Free State province, it is clear that the four parties serving Pan Africanist Congress of Azania PAC 3,003 0.29 within the provincial legislature of 30 seats, ANC (22), COPE (4), DA Pan Africanist Movement PAM 287 0.03 (3) and FF+ (1), have to work tire- South African Democratic SADECO 307 0.03 lessly to make sure that they take Congress the people with them, to make sure that there is more participation and United Christian Democratic UCDP 3,095 0.29 thorough consultation processes. Party The results are an eye-opener United Democratic Movement UDM 3,408 0.32 for political parties. They need to be taken seriously as they serve as United Independent Front 415 0.04 an early warning signal of a serious need for improved service delivery Vryheidsfront Plus VF Plus 16,929 1.61 in all areas of social life. Ignoring Women Forward WF 238 0.02 this feedback will be to the detri- ment of some of the smaller parties like the VF+ and DA and might mean a reduction in support for the Registered Population in the Free State 1,388,588 ruling party, the ANC. New parties like COPE stand to Total valid votes in the Free State (100%) 1,051,858 benefit from studying the election results very carefully. For them it Total spoilt papers / votes in the Free State 17,269 will be a planning, strategic tool

178 EISA Election update south africa 2009 no 8 for repositioning themselves in real, evidence-based allegations. 54,5 per cent of the total number the political arena. For them it will Once this distinction is made, then of people registered to vote in the also be a tool giving hope for better full attention is given to investigat- 2009 elections and were in the performance. ing the complaints and resolving majority of people who voted. When a political party is aware the issues to the satisfaction of all Women are also in the majority in of the kind of support it carries, parties involved. terms of the provincial population. it sometimes get motivated to do Consequently, as a majority of more, especially in a competitive en- Table 2: Results in the Free State the population and comprising a vironment now emerging. Political – seats per party majority of the voters, it is clear that parties get to realise that a competi- women are key to both forming, and tive environment requires a high Political party Number of feeling the effects of, government. level of alertness and an attitude seats With greater mobilisation this which does not take the supporters ANC 22 should allow women as a political for granted. COPE 4 constituency to pressure for greater The results are a sign that it will results, and shape the policy DA 3 not be business as usual; political outlook and the administration of parties will have to work hard for FF+ 1 government. In order to do this, their continued support. An exam- however, women would need ple is the ANC: the party realised In general, there is a decline in to be in leadership positions in soon enough that only hard work support for all the political parties political parties, the legislature and would pay and therefore had to which took part in the 2004 National in government face huge expenditure/cost of cam- and Provincial elections, except for On the party lists of the po- paigning to make a mark. the DA as much as it has now lost litical parties, especially the ANC, With this kind of result, one is position of official opposition in the a commitment to balance men able to understand the pain the Free State to a newcomer, COPE. and women candidates is clear. DA is experiencing, by losing to a The ANC is still the ruling party The rest depended on the outcome newcomer, COPE. Again, any party with a high margin, but its support of the election, and those parties like the DA has itself to blame as has gone done by a few percentage with fewer seats had less chance of throughout campaigning the focus points in the Free State. proving their commitment to em- was shifted to the need to take A newcomer in the Free State, powering women. As for the ANC, over the Western Cape province. COPE, performed very well. As the it showed its commitment by even Even in some of the debates close results show, COPE has been voted ensuring that there are four women to elections in the Free State, it was the official opposition party in the MECs in the current provincial gov- possible to read through the party’s Free State, removing the DA from ernment. Within the legislature, the comments that it had already given that position by a very small margin proportion of women gives hope up on winning the official opposi- of less than 200 votes. for greater things to happen in the tion in the Free State, or maybe even The implications of COPE being future. took it for granted as already won. the official opposition in the Free The IEC office in the Free State Perhaps the Markinor Ipsos Survey State are great. What is critical for province should be acknowledged results also had something to do COPE in the post-election phase is for the efforts made over the years, with the morale of the political par- to consolidate its internal structures for making the political parties con- ties. Interestingly, the survey proved and processes to convince the elec- scious of the important role women to be correct prediction with regard torate of its future stability. can play in politics and ensuring to the Free State province. Based on the results, it is clear that a platform is created where po- The results caused the DA to lay that FF+ needs to rethink its plan litical parties can discuss the issues a complaint with regard to the out- and strategy for the future within affecting women openly. However, come and the IEC awaited a formal the fold of opposition politics. It I get a sense also that some political written submission in this regard. appears as if Freedom Front voters parties are just giving an impression There were calls for Mr Mepha, voted strategically on the basis that that they support the involvement the PEO in the Free State, to resign the DA would better represent their and inclusion of women on candi- and the IEC made it clear that valid interests. Support for the FF+ in the date lists, but, in reality, there is no claims would be investigated and 2009 election went down, with the commitment. these should be reported in writing, FF+ only holding one (1) seat in the This can be sensed in the general to the IEC. Free State provincial legislature. operations of some parties, where Complaints have to be done for- women are expected ‘to be seen mally so as to get the attention of the Gender analysis of the and not heard’ – polite and not powers that be. This assists authori- election results question anything. Cultural belief ties to sift baseless allegations from In the Free State, women comprised systems of some communities affect

179 EISA Election update south africa 2009 no 8 the political lives of those who are Matjhabeng, Maluti-a-Phofung, downturn, chances are that some members of such communities, to Setsoto and Metsimaholo. This face closure, thereby increasing pov- a point where culture is equated situation points to several problems erty and unemployment. According to politics and it becomes so that the new administration will to the Labour Force Survey (March confusing for those who live in fear inherit, including a lack of skills, 2007), the provincial unemployment of authority. In such communities, misuse of funds, and a lack of rate stands at 26,4 per cent. The when a woman is in a leadership accountability. Challenges around province contributes about 5,5 per position, such a woman is expected service delivery require the provin­ cent towards the national GDP. With to allow the men to take a lead and cial government to recommit itself these figures in mind, it is clear that talk through them. Such a woman is to get to the root of the problem and the situation might worsen. not allowed to think for herself, but correct the situation. culture requires that she be silent Tourism and protecting the environ­ and obedient. Corruption within civil service: This is ment: The Free State will require a challenge facing the country and more focus and planning. Challenges for the new Free State province is not an excep- government tion. During campaign trails in the By the time elections came, it was Free State, communities went as far Education and skills development: already clear that the Free State as stating examples of cases where The functional literacy rate in the province had serious challenges there was nepotism and irregulari- Free State is about 65 per cent. The that needed urgent attention. There ties with tender processes, making re­positioning of the FET sector is were challenges on all social fronts, it clear that there were serious prob- critical for addressing the problem of and some of the most urgent will be lems in this regard which require school drop-outs. According to the highlighted. attention from the new provincial SABC News Research, as much as government. there is progress in the grade 12 pass Political issues rate, there is concern with regard Internal political squabbles: It is ex- Administrative effectiveness and to low performance of learners tremely important for the provincial efficiency: it is critical that the new in mathematics, science, and government to ensure that there is government ensures quality service information technology. Another a united ruling party in the Free by keeping the highly experienced question would be: how can the State. There should not be camps staff in the administration. I state institutions of higher learning in the supporting different groupings the issue around administrative Free State contribute? It is important within one political party, as this staff mainly because people in for institutions like the Central affects service delivery as well as administration should serve ‘the University of Technology and the team spirit among colleagues who government of the day’ even when University of the Free State to play are supposed to have a common regimes and governments change. a developmental role to benefit the goal. Before the elections, there were In the Free State currently, the province. factional camps and these will not factionalisation of the ANC and the There is a scarcity of critical simply disappear through wishful formation of COPE has led to loss skills in the Free State and this puts thinking. Efforts will have to be of trust amongst members of the the province in a situation where made to be build a united front public service. This has the effect of these skills have to be provided for within the ruling party, throughout a loss of institutional memory and by people from other provinces. The the Free State. This begins with ac- creates problems in the continuity high number of young people who knowledging the problem. of administration. are unemployed creates an oppor- Currently in the Free State, tunity for the province to focus on Service delivery: The government departments of government are skills development and ensure that slogan of ‘Batho Pele’ never busy with processes of interviews, there are more people to serve the seemed to work and was never in order to fill posts of Heads of population of the Free State, thereby taken seriously even by people Departments and many others improving quality and efficiency. who were supposed to provide which were frozen just before services to the public. This will have elections. That means that many Housing and sanitation are other are- to be investigated and revisited. departments are understaffed and as where there is a huge backlog. As Performance management is critical service delivery takes a back seat. stated in some reports, apparently to deal with the quality of service nearly 50 per cent of the housing delivered to the public. It has Socio-economic issues backlog in the Free State is found been reported that, currently, 12 Mining and farming: crucial areas to in the Mangaung and Matjhabeng municipalities are under project be boosted. It is important to note municipalities. These municipalities consolidate. Furthermore, the largest that 12 gold mines operate in the happen to be among the largest in service backlogs are in Mangaung, Free State, and with the econ­omic the province.Although it is reported

180 EISA Election update south africa 2009 no 8 that only about 9 per cent of the soil cause the HIV and AIDS prevalence satisfied with what they eventu- in the Free State is optimal for agri- rate is estimated at about 16.7 per ally got. When it comes to gender, culture, it is crucial that the support cent. The maternal death rate is esti- there is a great improvement and a system for agricultural and farming mated at 150 per 100,000 live births. culture developing to give women communities be strengthened. The child mortality rate is estimated the platform they deserve. With all Health is another area which is at 76.7 per 1,000 live births. Health these results and the patterns, the critical for wellness of society. Re- is a serious area of focus and a huge fact remains that the new govern- cently, just before the elections, there challenge for the province. ment still has huge challenges to were headlines in the newspapers There is also a huge challenge deal with in order to bring a better with regard to shortage of medi- with the cleanliness of drinking life to the people. cines at several hospitals, including water in some areas around the Pelonomi Hospital in Bloemfontein. Free State. references This situation affected even the www.fs.gov.za people living with HIV and AIDS, Conclusion SABC News Research: Election 2009 Hand- book. who could not receive ARVs. This There is a clear pattern in the results IEC website. is a situation that requires serious of the Free State, showing a decline Free State State of the Province Address, June attention from the Health MEC, be- in support, as much as parties are 15, 2009.

GAUTENG

Ebrahim Fakir – EISA and Shaheen Buckus – Independent Researcher

Results pattern and Table 1: Results National Level political implications 1 In terms of the results at national National Percentage National assembly seats2 level (the top five were the ANC, DA, COPE, IFP and ID as indicated African National Congress (ANC) 65.9% 264 in Table 1). From the above one Democratic Alliance (DA) 16.66% 67 can clearly see that the ANC is the dominant party nationally, out- Congress of the People (COPE) 7.42% 30 stripping the DA by an estimated Inkatha Freedom Party (IFP) 4.55% 18 49.24 per cent. The most significant Independent Democrats (ID) 0.92% 4 political implication of the results is that although the ANC won the majority of the votes, by failing to Therefore in Gauteng the ANC did national parliament has increased get a two-thirds majority it does not not manage to secure a two-thirds from 34 per cent6 in the 2004 general have the prerogative to amend the majority, something that occurred election to 43 per cent in the 2009 constitution. However, it should be on the national level as well. election. COPE and the United borne in mind that the ANC did not Table 2 summarises the per­ Christian Democratic Party have use its two-thirds majority in the cen­­tage results and party seat the largest percentage of women past to amend the constitution. dis­tribution of all participating – an estimated 50 per cent as a Further, in terms of the national parties for the Gauteng provincial proportion of seats allocated. The ballot, the ANC won all the prov- ballot from 1994–2009. The trend ANC follows with 49.2 per cent with inces with the exception of the from 1994–2009 regarding the main the IFP at 22.9 per cent and the DA Western Cape, which was won by parties – ANC and DA – illustrates at 22.2 per cent. Despite the lower the DA. In terms of percentages, that the number of seats allocated representation of the DA and IFP, the ANC garnered the most sup- to the ANC has dropped marginally overall the representation of women port in Mpumalanga, with 85.81 per (50 seats in 1994 to 47 in 2009), but has increased by 9 per cent from the cent of the vote, followed closely has increased significantly for the 2004 general election. by Limpopo, with 85.27 per cent DA (5 seats in 1994 to 16 in 2009). At the cabinet level, the Jacob of the vote.3 In Gauteng, the ANC Zuma administration has continued managed to secure 64.76 per cent Gender analysis of the with the trend of his predecessor of of the vote, the DA 21.27 per cent election results maintaining a substantial number and COPE 7.78 per cent of the vote.4 Female representation in the of women in the cabinet. The

181 EISA Election update south africa 2009 no 8

Table 2: Percentage results and party seat distribution: Gauteng 1994–20095

1994 1999 2004 2009 Party Abbrev % % % % Seats Seats Seats Seats Vote Vote Vote Vote African Christian ACA 0.06 0 Alliance

African Christian ACDP 0.61 1 1.16 1 1.64 1 0.87 1 Democratic Party

Afrikaner Eenheids AEB – – 0.31 0 – – – – Beweging

Alliance of Free AFD – – – – – – 0.03 0 Democrats

African National ANC 57.6 50 67.87 50 68.4 51 64.04 47 Congress

African People’s APC – – – – – – 0.12 0 Convention

Azanian People’s AZAPO – – 0.16 0 0.25 0 0.21 0 Organisation

Black Peoples BPC – – – – 0.04 0 – – Convention

Christian CDA – – – – – – 0.07 0 Democratic Alliance

Christian CDP – – – – 0.23 0 – – Democratic Party

Congress of the COPE – – – – – – 7.78 6 People

Democratic Party DP 5.32 5 17.95 13 20.78 15 21.86 16

Economic Freedom EFM – – – – 0.05 0 – – Movement

Federal Alliance FA – – 0.89 1 – – – –

Great Kongress of GKSA – – – – – – 0.05 0 South Africa

Independent ID – – – – 1.52 1 0.61 1 Democrats

Inkatha Freedom IFP 3,66 3 3,51 3 2.51 2 1.49 1 Party

Labour Party LP – – 0.03 0 – – – –

Nasionale Aksie NA – – – – 0.14 0 – –

Movement MDP – – – – – – 0.14 0 Democratic Party

National NADECO – – – – – – 0.04 0 Democratic Convention

New National Party NNP 23,88 21 3,89 3 0.76 0 – –

New Vision Party NVP – – – – – – 0.03 0

Pan Africanist PAC 1,47 1 0.73 0 0.85 1 0.31 0 Congress of Azania

Peace and Justice PJC – – – – 0.09 0 – – Congress

Pro–Death Penalty PRO–D – – – – 0.05 0 – – Party

Socialist Party of SOPA – – 0.05 0 0.09 0 – – Azania

United Christian UCDP – – 0.24 0 0.26 0 0.24 0 Democratic Party

United Democratic UDM – – 1.95 1 0.99 1 0.4 0 Movement

Freedom Front VF/FF 6.17 5 1.25 1 1.34 1 1.63 1

Women Forward WF – – – – – – 0.05 0

182 EISA Election update south africa 2009 no 8 proportion of women in cabinet namely civil and economic. The Provincial Police Commissioner in Zuma’s administration stands three main civil challenges are: will account to both the executive at 41 per cent compared to Mbeki crime, health services, particularly as well as the Gauteng legislature at 42 per cent. While it is laudable HIV/AIDS and service delivery on police performance.12 that the Zuma administration at the local level. The three main To improve service delivery, has maintained a satisfactory challenges facing the economic local government structures will representation of women in the dimension are job creation and need to be strengthened. Meas- cabinet, there has been a notable poverty alleviation, inflation control ures include: strengthening ward decline in female deputy ministers, and the creation of a climate suitable committees so that people play a dropping from 60 per cent under for economic growth.10 meaningful role through access Mbeki to 39 per cent under Zuma.7 The challenges facing Gauteng to information, empowering local The gender parity principle of were identified through interaction councillors and reviewing the lines 50/50 adopted at the ANC Polok- with the citizens of the province. of accountability and reporting of wane conference in 2007 informed The main issues that were raised community development workers. the National Executive Committee were the creation of decent jobs, decision to appoint four women fighting poverty, crime and cor- Endnotes and men as premiers in provinces ruption, improved access to basic 1 http://www.elections.org.za/ where the party had a majority. services in hospitals, better schools NPEPWStaticReports/reports/ One of these provinces is Gauteng, and quality education, clean run- ReportParameters.aspx?catid=7 2 http://www.elections.org.za/ ning water, electricity, better mu- where Nomvula Mokonyane was NPEPWStaticReports/reports/ appointed as the premier. nicipal services such as removal of ReportParameters.aspx?catid=9 Nomvula Mokonyane carried refuse and general maintenance of 3 http://www.elections.org.za/ through the 50/50 principle when roads.11 NPEPWStaticReports/reports/ ReportParameters.aspx?catid=7 In order to promote inclusive she announced her provincial 4 http://www.elections.org.za/ cabinet. She announced her team economic growth and decent work NPEPWStaticReports/reports/ of 10 MECs on Friday 8 May at there will be massive public in- ReportParameters.aspx?catid=9 the Gauteng legislature in the vestment in infrastructure such as 5 www.sacc-ct.org.za/ppu_elect99. html. www.anc.org.za/elections/2004/ clinics, schools, community centres Johannesburg city centre. She has results/prov-gp.html. http://www. appointed five women and five men and public transport routes. In elections.org.za/NPEPWStaticReports/ to the executive, keeping to a promise terms of crime, a process to deter- reports/ReportParameters. she made at her inauguration that mine provincial policing priorities aspx?catid=9. http://www.elections. org.za/NPEPWStaticReports/reports/ 8 in consultation with communities gender parity would take priority. ReportParameters.aspx?catid=7 73 seats have been allocated to will be pursued. Co-operation 6 http://www.genderlinks.org.za/ parties in the Gauteng legislature between the South African Police attachment_view.php?pa_id=1056 and of this figure 34 members (47 Services (SAPS), the Metro Police 7 Ibid. 8 http://www.joburg.org.za/content/ 9 from various municipalities and per cent) are female. view/3818/209/ other law enforcement agencies 9 Statistic supplied by Gauteng IEC office. Challenges for the new will be strengthened to deal with 10 http://tnsresearchsurveys.co.za/news- government crime in an integrated and multi- centre/pdf/ZumaAdminChallenge- 7May2009.pdf. Research conducted by TNS research disciplinary manner. To make police 11 http:://www.info.gov.za/ surveys over the past three years more accountable and measure speeches/2009/09061008551001.htm looked at the challenges facing the whether they are meeting identified 12 Ibid. new government. The challenges targets in line with provincial polic- were divided into two main areas, ing priorities, it is expected that the

183 EISA Election update south africa 2009 no 8

KWAZULU-NATAL

Shauna Mottiar – Researcher, ACCORD (writing in personal capacity)

Electoral reform mon national voter’s roll. It there- multi-member constituencies and imperatives for fore combines the accountability of the remaining 100 from a closed South Africa direct personal representation with national list. Here, the advantage The South African Constitution the equity of proportional represen- would be that no new constituencies guarantees universal adult suffrage, tation (Mottiar, 2005). would have to be delimited as their a national common voter’s roll and The choice of proportional repre­ boundaries would correspond to regular elections (Constitution, sentation for South Africa had much existing municipal/district bounda- sec 1d). It provides for a national to do with the negotiated settlement ries. Furthermore, no constituency assembly consisting of no fewer that sealed the transition to democ- would have fewer than two MPs than 350 and no more than 400 racy. Proportional representation, (Mottiar, 2005). members elected under an electoral because of its inclusiveness, was The South African post- system based on a national com- seen as a way to mitigate conflict democracy electoral reform debate mon voter’s roll which results, in and create a sense of national officially began in the mid-1990s, general, in proportional representa- inclusiveness among all groups, and in 2002 government appointed tion (Constitution, sec 46, 1). South especially minorities. Proponents an Electoral Task Team to assess Africa therefore uses a proportional for change of the national and pro- whether the electoral system representation (PR) electoral system vincial electoral system emphasise ensured fairness, inclusiveness, based on fixed party lists. Half of the strengthening of the constitu- simplicity and accountability. The the 400 national assembly members ency element in terms of increasing Task Team proposed implementing are chosen from nine provincial lists direct links between voters and a mixed system that would involve and the other half from a single na- representatives, to better serve ac- a combination of proportional vote tional list prepared by each party. countability. Alternative electoral distribution and a constituency- Provincial parliaments are chosen systems that have been put forward based first-past-the-post system from the party lists for each provin- for South Africa, adhering to the (Electoral Task Team Report, 2003). cial legislature. constitutional requirement for pro- Current debates relating to the This ensures an almost com- portionality, include a 50 per cent electoral system continue to stress plete proportionality with no votes single member constituency, 50 per the need for greater accountability ‘wasted’. The droop quota is used cent closed list system and a multi- and proximity of MPs to voters; to apportion seats: this quota results member closed list system. In the raise problems relating to floor- in seats being awarded through the first case, 50 per cent of MPs would crossing, which permits MPs to largest remainder method. So if a be elected in geographically defined change allegiances without voter seat is left unfilled after all alloca- constituencies and the other 50 per input, and consider the fact that tions have been made, the political cent drawn from a closed national party leadership holds too much party with the highest remainder list. The country would then have to power in terms of compiling of unallocated votes will be given be divided into 200 constituencies, party lists (Chiroro, 2008). Despite that seat. No mandatory threshold each represented by one MP, on the this, however, a recent survey for parliamentary representation principle of first past the post (FTP). conducted by Afrobarometer found exists, thus ensuring inclusiveness This would mean, however, that the that electoral reform is not a high by enabling even very small par- number of voters per constituency priority for many South Africans. ties representation in parliament would be extremely large, diluting Notwithstanding the fact that (Mottiar, 2003). The South African accountability. The system would only 3 per cent of South Africans local electoral system differs from also entail ‘wasting’ votes – for interviewed could correctly identify the national and provincial system example it would be possible for their MPs (compared with a 12 in that it is of a mixed member rep- a candidate to win a constituency country average of 41 per cent) the resentative system and consists of a with only 30 per cent of the vote, majority believed the main task of party’s list of candidates drawn up assuming the other 70 per cent their MP was to deliver jobs and in order of preference for election of the vote were spread among development (29 per cent) and make by proportional representation, other candidates. The second case laws (25 per cent). Only 19 per cent combined with a system of ward would remedy abovementioned believed that MPs should prioritise representation based on a particular weaknesses as it would entail 300 listening to their constituencies municipality’s segment of the com- of the 400 MPs being elected in 43 (IDASA, 2009).

184 EISA Election update south africa 2009 no 8

Results pattern and Table 1: Final provincial results – KwaZulu-Natal political implications Parties Votes % Seats Following the African National ACDP 23,537 0.68% 1 Congress’s (ANCs) overwhelm- ANC 2,192,516 62.95% 51 ing victory in KwaZulu-Natal, APC 5,087 0.15% 0 2,192,516 votes and 62.95 per cent Al JAMAH 7,612 0.22% 0 to the Inkatha Freedom Party’s COPE 44,890 1.29% 1 (IFPs) 780,027 votes and 22.40 per DA 318,559 9.15% 7 cent, there is a view that the ‘IFP GKSA 1,730 0.05% 0 [is] all but wiped out as a politi- ID 6,853 0.20% 0 IFP 780,027 22.40% 18 cal force’ in the province (Kockott MF 71,507 2.05% 2 and Hlongwane, 2009). Indeed, the NADECO 6,881 0.20% 0 ANC’s gains are formidable. Elec- PAC 2,578 0.07% 0 tion results for urban areas such SADECO 3,883 0.11% 0 as eThekwini (Durban area) and UCDP 1,798 0.05% 0 Msunduzi (Pietermaritzburg) show UDM 7,953 0.23% 0 that the ANC leads with 67.52 per FF+ 5,760 0.17% 0 cent and 73.79 per cent of the vote WF 1,816 0.05% 0 respectively, followed by the Demo- Total 3,482,987 100% 80 cratic Alliance (DA) with 18.04 per Registered voters 4,475,217 cent and 13.29 per cent respectively. Total votes cast 3,526,700 While the DA is the ANC’s main op- IEC 25 April 2009 – accessed from www.politicsweb.co.za position in these areas, it is followed by the IFP with 6.81 per cent and 7.91 per cent, with the Congress of Notwithstanding the ANC’s gains of the vote and the IFP 44.63 per cent the People (Cope) trailing behind, in KwaZulu-Natal, which follow (IEC results report, 2009). having gained 2.57 per cent of the trends set by the 1999 and 2004 elec- Following the 2009 provincial vote in the Durban area and 1.96 tions, it is interesting to note that elections the IFP has suffered a per cent in Pietermaritzburg (IEC re- the IFP still retains a healthy level number of internal challenges. sults report, 2009). The ANC’s elec- of support in its rural strongholds. The first has come from the party’s tion successes have been linked with Examples of this are Nongoma youth brigade which lobbied for its struggle credentials, its campaign and Ulundi, where the IFP gained party leader Mangosuthu Buthelezi tactics and its strong financial capac- 81.63 per cent of the vote, securing to step down in the face of the ity (Egan, 2009). In terms of struggle 48,227 votes out of 59,078 votes cast party’s election poll humiliation. credentials, the ANC is inextricably and 83.62 per cent of the vote and The youth brigade argued that linked, by most of its followers, with 53,747 votes out of 64,276 votes cast, a younger leader was needed to liberation from apartheid. ANC respectively. This is in contrast to revive and rejuvenate the party campaigning involved posters and the ANC’s gaining 16.82 per cent ahead of the next local government adverts designed to maximise loy- of the vote in Nongoma and 14.92 elections in 2011 (Khumalo and alty to the party and the memory of per cent of the vote in Ulundi (IEC Olifant, 2009). IFP national organ- the struggle. The face of Jacob Zuma results report 2009). This is reflective iser Albert Mncwango, however, as the ‘people’s’ man following the of a prevailing trend whereby the denied that there had been calls for ANC Polokwane conference was ANC makes more significant elec- Buthelezi to step down. He claimed also a significant campaign draw toral impact in urban, rather than that although the youth brigade card. This may have been especially in rural areas of the province. It is expressed frustration with the elec- so in KwaZulu-Natal, given Zuma’s interesting to note that some of the tion results they ‘vowed to work Zulu ethnicity, where the IFP has areas where IFP support is high are closely with leadership’ to improve historically campaigned around is- still classified hot spots for violence. the party’s showing in the next elec- sues of Zulu national identity. The Both Nongoma and Ulundi received tions (Olifant, 2009a). Despite this, ANC also has significantly more fi- security deployments during the however, an IFP national council nances than any other political party elections, following their classifica- meeting in Ulundi in May resulted in South Africa from both public tion as areas for potential violence in the suspension of several execu- and private sources. This ensured and intimidation. The Estcourt area, tive members of the youth brigade widespread party campaigning. In which was the only real site of politi- for ‘defying the party’. It was also the case of the KwaZulu-Natal prov- cal tension in the province relating reported that the views of the sus- ince a widespread campaign saw to the 2009 elections, reflected a pended youth brigade members the ANC’s penetration of traditional close contest between the ANC and were supported by senior IFP mem- IFP stronghold areas. IFP. The ANC gained 45.47 per cent bers Zanele kaMagwaza Msibi and

185 EISA Election update south africa 2009 no 8

Stanley Dlada (Khumalo, 2009a). The incident was more criminally than for Human Settlements, Maggie IFP is also officially losing ground politically motivated (Da Costa, Govender; Finance Minister, Ina within its historical power base of 2009). Cronje and Minister for Arts, Culture the KwaZulu-Natal traditional lead- and Tourism, Wesizwe Thusi (Mail ership. Buthelezi refused to stand Gender analysis of the & Guardian, 11 May 2009). This is far for re-election as chairman of the election results more representative than the former KwaZulu-Natal House of Traditional Following national trends, the cabinet, which, when constituted Leaders in May, after the nomina- number of female registered voters by premier S’bu Ndebele in 2004, tions process revealed that he had in KwaZulu-Natal was higher than included just one woman (The Times, received the support of only 24 ama- male registered voters, at a ratio of 7 June 2009). Despite this, however, khosi out of 53. Inkosi Bhekisisa Felix 2,548,839 women to 1,926,378 men current female representation in Bhengu was subsequently elected (IEC Registration Statistics, 2009). the KwaZulu-Natal legislature at chairman of the house unopposed According to Gender Links, South 33 per cent is the lowest across (Harper, 2009). Africa is third in the global rankings all provinces (Lowe Morna et al., The IFP’s misfortunes notwith- of female representation in politics. 2009). standing, it still retains 18 seats in the At a provincial level women’s rep- provincial parliament to the ANC’s resentation has increased from 30 Challenges for the new 51, the DA’s seven, the Minority per cent to 43 per cent (Daily News, government Front’s (MFs) two and newcomer 1 May 2009). In KwaZulu-Natal As is the case nationally, the Cope’s one seat. Given its con­ the ANC has a 49 per cent female new KwaZulu-Natal provincial tinuing rural support base it will be representation in the provincial administration will have to deal working towards consolidating its parliament, the DA 15 per cent with issues relating to service status for the next local government and Cope 0 per cent, given that it delivery and poverty alleviation election. It has begun this process secured only one seat in parliament in the light of a global recession. through its ‘Vuku’uzithaathe’ Cam- in the province (Lowe Morna et al., Specific challenges for the province paign (pick yourself up campaign) 2009). The IFP has, to some extent, are reducing rural inflation; settling which targets poorly functioning broken out of its traditional male outstanding land claims; improving branches, weak leadership, the dominated approach to politics local government performance and absence of a political programme, in the province, evident when it boosting basic service delivery. a lack of engagement with party fielded its first female candidate, The province’s last five-year report membership and an inability to keep Zanele kaMagwaza Msibi, for covering the period 2004–2009 in touch with community needs premiership in the 2009 elections. recorded that rural areas in the (Khumalo, 2009b). Ka Magwaza Msibi, mayor of the province had an inflation rate at Both the DA and MF have Zululand district municipality, is 13.3 per cent ahead of the national expressed disappointment in their the first female national chair of the average, in 2004 in more than half respective showings in the provincial IFP since the party’s inception. She of the 61 municipalities less than 60 election. The DA failed to meet was quoted as saying that ‘times per cent of households had access to its target 10 seats while the MF’s have shown that women are better formal housing, water and electricity. showing among its target Indian leaders and even in the IFP there Only 45 per cent of municipalities voters was poor. It is interesting is now acceptance’. She illus­trated had the capacity to provide refuse to note that violence, historically her point with reference to other removal and sanitation facilities. a feature of elections in KwaZulu- women occupying leadership roles The report also alluded to a need Natal, although tempered during within the party, including two to deal effectively with xenophobia, the election has been reported in the former education MECs, Faith Gasa the need to improve integration post-election period. As opposed and Ellen kaNkosi Shandu, and IFP of government programmes and to violence between ANC and IFP caucus leader in eThekwini, Thembi partnerships with the private supporters, however, the incident Nzuza (Olifant, 2009b). In spite of sector and the need for a research occurred between ANC and Cope these strides towards gender parity, and development programme supporters. Violence broke out in of the 18 seats the party holds in the for co-ordination on HIV/AIDS, early June at an Umlazi hostel in provincial legislature only two are agricultural production, poverty Durban reportedly between ANC occupied by women (Moosa com- eradication, rural development and Cope supporters. The police had munication, 2009). and land reform (Mkhabela et al., to disperse the crowd with rubber The new KwaZulu-Natal 2009). New premier Mkhize has bullets and several people were cabinet, headed by premier Zweli committed to delivering on ANC injured. While Cope claimed that Mkhize, consists of four women and election promises relating to health, ANC supporters were attempting six men. The women are Minister education, rural development and to attack its supporters, the police for Agriculture and Environmental job creation. He has also stressed and the ANC have claimed that the Affairs, Lydia Johnson; Minister ‘working closely with all the

186 EISA Election update south africa 2009 no 8 people in the province to promote Da Costa, W. 2009. ‘Violence erupts in Umlazi’, ‘Local’s not lekker for Zuma’, Sunday Times Mercury, 8 June. 31 May. love and friendship’. This is with Egan, A. 2009. ‘South African elections 2009: an Mottiar, S. 2003. ‘Evidence strongly favours particular reference to eliminating analysis’, Thinking Faith. PR’, Synopsis, 7.1, Centre for Policy Studies, Harper, P. 2009. ‘Final nail in the coffin for Johannesburg. political tension and intolerance Buthelezi’, Mercury, 24 May. Mottiar, S. 2005. ‘Elections and the electoral and deepening a culture of respect Kockott, F. and A. Hlongwane. 2009. ‘IFP all system in South Africa: Beyond free and fair elections’, Policy Brief, 39, Centre for Policy among leaders and members of but wiped out as a political force’, Sunday Tribune, 26 April. Studies, Johannesburg. various political parties (Khumalo, Khumalo, S. 2009a. ‘I am not leaving the IFP’, ‘Sour grapes are half the battle’, The Times, 7 2009c). Mercury, 22 May. June 2009. Khumalo, S. 2009b. ‘IFP to do something to pick ‘South African electoral reform not high prior- themselves up’, Mercury, 18 June. ity for citizens’. 2009. Institute for Democ- Khumalo, S. 2009c. ‘Mkhize’s KZN Dream’, racy South Africa, Cape Town. References Olifant, N. 2009a. ‘No one wants Buthelezi to Mercury, 12 May. step down, says IFP’, Mercury, 1 May. Constitution of South Africa, Act 108 of 1996. Khumalo, S. and N. Olifant. 2009. ‘Calls for Olifant, N. 2009b. ‘IFP projecting image of IEC Registration Statistics 2009 – www.elec- Buthelezi to step down after IFP poll losses’, feminine success’, Mercury, 20 April. tions.org.za Mercury, 30 April. Personal communication with Carol Moosa, IEC Election Results Report 2009 – www. ‘KZN Premier announces new cabinet’, Mail & IFP Caucus Office, Pietermaritzburg, 8 elections.org.za Guardian, 11 May 2009. June 2009. Chiroro, B. 2008. ‘Electoral system and account- Lowe Morna, C., K. Rama and L. Mtonga. 2009. Report of the Electoral Task Team, January ability: options for electoral reform in South ‘Gender in the 2009 South African elections’, 2003, Cape Town. Africa’, KAS Policy Paper no 3, Electoral Gender Links. ‘Women in rightful places’. 2009. Daily News, Institute of Southern Africa, Johannesburg. Mkhabela, M., N. Mafela and P. Harper. 2009. 1 May.

LIMPOPO

Lesiba Teffo – University of Limpopo

Challenges to ponder inadequate. This area needs to be re- leadership, education and training. Section 24A of the Electoral Act vised because it severely impacts on A rotation system and perhaps an provides for voting in a voting dis- the distribution of election material. alternate method of deployment trict where not registered. A person It also retards the voting process. A could help avert possible corrup- whose name does not appear on the constitutional amendment to this tion of the officials, the system and certified segment of the voters’ roll effect should be considered. procedures especially in rural areas for a voting district and who applied Training of electoral officers is where monitoring mechanisms are for registration as a voter before the one area that needs urgent attention. fairly weak. date of the election was proclaimed The pattern is that once someone The electoral system itself is may submit as per prescribed policy has been an electoral officer, he/she due for reform. There is unanimity and procedure to the presiding of- can expect to play the same role eve- among the parties that what we have ficers the necessary documents so ry time there is an election. The net was appropriate for a transitional that she/he can vote in that district result is that people tend to consider phase. However, a new system where he/she was not originally themselves sufficiently versed in as alluded to in the first section registered. The presiding officer matters of the election and become should kick in. This may not be would grant permission only if reluctant to go for further train- an attractive proposition for the stipulations have been satisfied. ing or upgrading as systems and ruling party, at least for now since The position is that a voter is technologies improve. Unless there it is monopolising the political entitled to two ballot papers, one is a pecuniary interest attached to landscape. However, the apathy and for the national assembly and the training, the process might end negative perception of the politician other for the provincial legisla- up with under-equipped officers by the public has to do with the ture. The challenge for electoral as midwives of the electoral proc- hegemony that is being sewn by officers arises when unexpected ess. This is prevalent in Limpopo, the ruling elite and a self-serving people from outside the province, especially in areas that I visited, ideology. This reform is key and or registered in other provinces and as well as among the NGOs urgent if this nascent democracy is and districts, turn up to vote where and CBOs that I consulted. Political not to flounder. The shelved report they were not catered for in terms parties could, and should, help nur- on the review of the electoral system of electoral materials. The arrange- ture a culture of volunteerism and by Dr Van Zyl Slabbert should now ments fall into disarray because the patriotism. The IEC, on the other be tabled before parliament for facilities and equipment tend to be hand, should provide the necessary consideration and implementation.

187 EISA Election update south africa 2009 no 8

The current system is arguably The above scenarios regarding encouraged but not over-stretched undemocratic and thus subverts the Ms Hogan illustrate very clearly or abused. will of the people. the internal conflict that politicians The successful democracies of What empirical evidence and at times have to grapple with. As the world like India have two to research attest to is that there is a things stand to date, party loyalty three main political parties despite disconnection between politicians is more important than the interests the size of the population. It is un- and the people they are supposed of the electorate and the nation. In derstandable, though, why the situ- to represent. The party system of this instance the state is subservient ation is as it is in Africa in the main, deployment rather than direct elec- to the party. because political office is seen as a tion by the constituencies has forced This also leads to the blurring vehicle for self-enrichment rather politicians to pay more allegiance of lines between the state and the than public service. Unless we make to the party (bosses) than to the party. Party deployees pledged a transition from this ideological electorate. At times politicians are allegiance to the national constitu- bankruptcy, the mushrooming of frustrated by having to take instruc- tion and not to the party. Section 9 political parties will persist. tions from party bosses who act in institutions should ensure that de- I suspect that due to natural at- the name of the party, even though mocracy is not undermined by the trition, and the rise in the political they may not agree with the man- government of the day. They should consciousness of the nation, the dates. There are at times instances of help nurture, develop, promote, and electorate will in the future be com- conflict of interest, consciousnesses, protect democracy. That is their pelled to vote for bread and butter consciences, and policies between principal mandate. issues rather than sentiments and the bosses and individual politi- historical loyalties. In the process cians. The latest example one can Results pattern and small parties might just wither cite pertains to Ms Barbara Hogan, political implications away, and fewer parties with clear former Minister of Health. At the The results pattern confirms the policies and the requisite resources time she decried, and in a very view that those parties that have will survive. That day is, in my unprecedent style, criticised the well-established infrastructures and opinion, fast approaching. It would government for not allowing the a solid financial base have a good be opportune that when it does, it Tibetan spiritual, the Dalai Lama, a chance of doing well in the elec- finds the electoral system already visa to visit South Africa. What was tion. In the 2009 election, ideology, reformed. indisputable was the fact that there substance and or issues played a was neither a formal/official party lesser role than political pedigrees, Gender analysis of nor government decision to deny ethnic/tribal affiliations, race, and election results him access to the country. However, to a lesser extent/class. In the fol- The provincial IEC office is await- party bosses denounced her, and lowing order, the ANC, DA and ing the verification of the statistics ultimately she succumbed to party COPE did well. by the national office. However, pressure and apologised. Recently, The Americanisation of the preliminarily, it appears that female as Minister of Public Enterprises, Ms election process put small and voters, as informed, inter alia, by Hogan raised the ire of party bosses financially strapped parties at a the voters’ roll and turnout, were and the unions when she appraised disadvantage. This feature seems to much higher than the males. This the public enterprises and hinted be here to stay and as a result one is consistent with the previous that they are so unproductive that would be inclined to conclude that results in the province. And for some of them will have to be priva- the withering away of those parties some reasons unbeknown to us, the tised. Again, she was summoned has begun. I think this would serve turnout is always much higher in to the ANC headquarters and not democracy better. South Africa is the rural areas than in the cities and to the Union Building, to come and too small a country to afford one (peri) urban areas. There was also a explain her views. Once more, she hundred and fifty parties compet- commendable participation by the apologised. For how long is she go- ing for about twenty million votes. youth, and again the scale tilted in ing to be tolerated? Multiparty democracy needs to be favour of young females.

188 EISA Election update south africa 2009 no 8

WESTERN CAPE

John Akokpari – University of Cape Town

Since the official declaration of the too surprised by its poor perform- coalescing with other political par- 22 April results by the IEC, social ance. Various opinion polls preced- ties. The DA was, from the outset, and political commentators have ing the elections pointed to the prepared to share power with other been analysing the outcome of the party’s declining popularity. In spite parties, besides the ANC. Cope polls. One of the greatest questions of a last-minute membership drive looked the most likely preferred was whether the voting pattern to salvage its waning popularity, the partner given the two parties’ com- conformed to expectations. Another ANC lost ground – obtaining only mon antipathy for the dominance, related to the gender dimension of 31.55 per cent, although it had 46.28 and what they considered the ar- the results – did the results and their per cent of votes in 2004. All political rogance and corruption of the ANC. aftermath highlight the prominence parties in the region, except for the The DA’s overtures were, however, or the marginalisation of women DA and Cope (which did not exist turned down by Cope, which pre- in political life? And what are the in 2004), suffered losses in the 2009 ferred to remain distinct by staying implications of this development polls, as indicated in Table 1. clear of the DA. The ID was not for the Western Cape? This update The DA won an outright initially a particularly attractive al- focuses on three main issues: majority, polling 51.46 per cent liance candidate for the DA, given of the total provincial votes and their past rivalries in the Cape. With i) The pattern of the results and its becoming the first political party a predominantly Coloured popula- political implications to win an outright majority in the tion, popular expectation was for ii) The gender dimension of the Western Cape since the demise of the ID to garner a larger follow- results, and apartheid. As indicated in Table 1, ing in the province as the DA was iii) The challenges for the new West- the ANC was the only party which often considered a ‘White’ party. ern Cape government. came close to winning a majority in The majority of Coloured votes, 2004. However, falling short of an however, went to the DA, much Results pattern and outright majority, the ANC formed to the disappointment of the ID. political implications a coalition with the now-defunct Moreover, Patricia de Lille, the ID The results of the polls in the West- New National Party (NNP), which leader, was highly critical of Zille’s, ern Cape are ambivalent in that they obtained 9.44 per cent, to form the (the mayor of Cape Town during the produced both surprises and con- provincial government. The DA’s 2009 campaign) failure to improve firmed expectations. In light of the majority victory in 2009 was thus the lot of the impoverished com- huge euphoria that greeted Cope’s spectacular and unprecedented. munities of the Cape Flats. In addi- inauguration in December 2008, Overall, the main victor in the 2009 tion, the ideological posturing of the there was massive expectation for election was the DA, which almost two parties seemed wide apart and it to do well – in fact to overtake the doubled its share of votes from 26.92 could not be easily compensated ANC and the DA as the dominant per cent in 2004 to 51.46 in 2009. for by their common dislike of the party in the province. However, it The political implications of ANC. In the final analysis, however, polled only 7.74 per cent of the pro- these results for the province are far- Zille appointed the Chairperson of vincial vote. Also disappointing was reaching. Firstly, for the first time in the ID in the province, Mr. Sakkie the performance of the ID. Many the history of the province, the ma- Jenner, to her cabinet. Jenner was had expected that the ID, along with jority party has the choice of either put in charge of Cultural Affairs and Cope, would draw many of the governing the province by itself or Sport in the province. Thus, with disaffected members of the ANC. Surprisingly, this did not happen. Table 1: Comparison of Political Party performance in the Rather, the ID lost ground to both Western Cape in 2004 and 2009 Cope and the DA, polling only a paltry 4.68 per cent. This figure was Political ANC DA ID UDM COPE FFP almost half of the 7.97 per cent of Party votes it obtained in the 2004 elec- 2004 46.28 26.92 7.97 1.85 N/A 1.24 tion. Similarly, the Freedom Front Plus, which polled 1.24 per cent in 2009 31.55 51.46 4.68 0.77 7.74 0.86 2004, managed less than 1 per cent in 2009. The ANC was perhaps not Source: Compiled from the national IEC official website.

189 EISA Election update south africa 2009 no 8 the exception of Mr Jenner, the nine Table 2: Female representation in the Provincial Assembly in the remaining cabinet posts were taken Western Cape after the 2009 elections by the DA. Zille rationalised the in- clusion of an ID member as part of Party Total No. No. of % of the DA’s ‘drive towards inclusivity of seats women women and [the] realigning [of] politics in ANC 14 7 50 South Africa …’1 For the first time, the ANC, the COPE 3 1 33 dominant party at national level, DA 22 6 27 has had to accept the reality of its status as the official opposition in the Western Cape. Historically, the Polokwane conference in November pledge to reserve 50 per cent of ANC has, since 1994, never been in 2007, the ANC resolved to have a its provincial Assembly seats for opposition; it has always been either 50/50 representation of men and women. As Table 2 clearly shows, the sole ruling party or has, as in the women on its party lists. Similarly, seven of the 14 members in the 42- case of the Western Cape after the upon its inauguration in December seat provincial assembly are women. 2004 elections, governed in coalition 2008, Cope committed itself to The DA’s female representation of with other political parties. With equal gender representation on 27 per cent in the assembly is the its failure to emerge dominant, the its party lists. In fact, nearly all worst among the parties. Cope ANC was for the first time denied political parties in one way or has a modest percentage of 33. On the right to either choose or influ- another committed themselves aggregate, female representation ence the choice of the province’s to greater gender representation. in the provincial assembly is 36 per premier. The exception was the DA, which cent. Yet, though disappointing, this Consequent upon the emergence traditionally has been opposed figure is slightly higher than the 29 of Cope, the politics in the province to any principle of forced gender per cent in 2004. and the party composition of its quotas in representation. If the representation of women legislature have seen considerable These commitments to gender in the provincial assembly is poor, changes. In addition to the emer- quotas in representation are con­ their representation in the cabinet is gence of a new majority party, there sistent with the South African worse. The 10-member DA-selected has also emerged a new party in post-apartheid constitution, which cabinet is all male, with six being Cope in the provincial legislature, strives to create a non-racial, non- white. There is not a single woman which although being in opposition, sexist and a gender-equal society. in the cabinet except Helen Zille, the will predictably strengthen opposi- Yet, even before votes were cast on premier. In retrospect, throughout tion to the ANC more than to the 22 April, Genderlinks bemoaned the campaign the DA had stopped DA. The post-April 22 composition the absence of women’s issues in short of committing itself to a 50/50 of the provincial legislature is thus the campaign messages of many gender representation, as did the much different from what it was political parties, especially Cope, ANC and Cope. This stance was after 2004. Of the 42 seats available, the DA, IFP, UDM and the ID. reflected in its national party list of the DA alone has 22, the ANC got Nationally, women make up which men comprised 70 per cent. 14, while Cope and the ID have a higher percentage of the voting This philosophy was implemented three and two respectively. These population, accounting for 51.68 in the composition of the provincial numbers are significant since the per cent. In the Western Cape cabinet which, to every observer’s combined votes of all the opposition women constituted 54 per cent of surprise, included no women. parties cannot stop the passing of the 2,634,439 registered voters in For many women activists in the a DA majority decision in the as- the 2009 election. The dominance country and beyond, the cabinet sembly. The tide has changed in the of women in the voting population composition of the Western Cape politics of the Western Cape; the DA was rewarded by their increased represented a massive negation of has risen from being an opposition representation in the provincial the gains made to ensure larger party to being in government and Assembly from 23.8 per cent in female representation in the top we might see a new hunter-hunted 1999 to 28.5 per cent in 2004. In institutions of governance. scenario in the Western Cape. spite of this development, only the ANC came close to meeting its Challenges of the new Gender analysis of the commitment of giving 50 per cent government results representation to women. Of the 41 The DA government faces a great In the days preceding the 2009 candidates on its provincial list, 19 number of challenges, ranging from elections, there was much talk were women – a figure slightly short public criticism to service delivery. about gender inclusivity and gender of the 50 per cent representation. The all-male cabinet of the Western parity by political parties. At its However, the ANC honoured its Cape government has become the

190 EISA Election update south africa 2009 no 8 subject of much criticism from faces an even more formidable chal- afflicting the province. With unem- opposing political parties, women’s lenge relating to service delivery. ployment rising, Zille also has the groups and trade unions in the The ANC’s dismal performance further challenge of creating an en- country. Cosatu, the country’s in the election is largely attribut- vironment that is attractive to inves- umbrella trade union organisation, able to the public’s perception of tors, both foreign and local. This is threatened to take Helen Zille to its failure to live up to its previous certainly going to be a difficult task the Equality Court for violating election promises. For many vot- in the midst of an escalating global the principle of equality which, ers the ANC simply failed to meet economic meltdown and in a coun- the organisation argued, was a popular expectations. The challenge try officially in recession. The main fundamental principle in the South for the new DA government is how challenge of Zille’s government African constitution and also for to succeed where the ANC failed; will fundamentally be how to craft undermining affirmative action. For to deliver what the ANC failed to innovative policies and strategies her part, Zille maintained that her deliver. This challenge is daunting to mitigate, even eradicate, these choice of cabinet was motivated by given that the province has one of social ills. a desire to achieve the best results, the widest gaps between the rich ENDNOTES stating that ‘it was a difficult job and poor; it has some of the largest determining who I should appoint informal settlements, and the most 1 See ‘Zille appoints Western Cape and to where, but I applied the fit- heavily impoverished communities Cabinet’ Mail and Guardian online 8 May 2 2009. for-purpose principle’. in the country. Moreover, crime, 2 http://www.iol.co.za/index. While criticism against Zille and drugs, insecurity, informal settle- php?set_id=1&click_id=13&art_ her male cabinet is not expected to ments, gangsterism and xenophobia id=vn20090509062831564C385341 die out soon, Zille’s government are some of the many problems (accessed 10/6/09)

191 EISA Election update south africa 2009 no 9

ELECTION UPDATE 2009 9 Number 9, 27 June 2009 free state

KC Makhetha – University of the Free State

Post-election processes Observing national and The elections of 22 April 2009 provincial elections contents attracted attention from domestic 2009 and international observers. The Electoral Commission invited FrEe state 192 Because South Africa is a young domestic and international observ- democracy, observers were ers to play the role of enhancing Gauteng 195 interested to see how far the country the transparency and credibility of Kwazulu-natal 199 would take democratic principles elections and acceptance of results. Without interfering with the vot- and especially the electoral code liMPOPO 205 of conduct. The determinant of ing and counting process, these success would be the declaration missions gather information at north West 207 of an election as free and fair. In polling stations in order to provide this article, the focus is on election informed judgements about trans- WEStern cape 212 observation and monitoring in the parency, credibility and legitimacy Free State province. of the voting process. The roles of observation and Observing elections may also monitoring can be stretched to provide assistance in prevent- include not just the domestic and ing, transforming and managing international observers, but also the election-related conflicts through role played by political party agents timely reporting as well as identi- and the Conflict Management Com- fication of strengths and possible mittees. The role the security forces weaknesses of the election process played is also a monitoring role as a whole. that goes even a step further to take Observer missions can take action against those dis­regarding place in three phases – 1) Pre- the rules of the game during an election Phase; 2) Election Phase; 3) election. The role of observation Post-Election Phase – but for 2009 and monitoring requires that role- missions seemed to have preferred players be alert and present as from to observe the Election Phase due the pre-election phase, through to to the perception that South Afri- Election Day, and until all processes can democracy has matured and are completed in the post-election gained a degree of credibility. phase. Reports have to be written Observers submit their reports and submitted to the IEC at national to the national office of the Electoral level, so as to be considered for the Commission but domestic observ- improvement of processes going ers may submit their reports to the forward. provincial office.

192 EISA Election update south africa 2009 no 9

Observers as viewed by the IEC in This situation of few domestic be prepared to write a report at the the Free State: observers requires attention. It is a end of the process – a report that will clear indication that more education provide constructive input, advice Observer missions are essential on elections and civic responsibili- and recommendations for the IEC. to assist in the identification of ties is crucial. Training on the role All this should be done at their own potential conflicts which may lead of observers will be appreciated cost, according to the accreditation to election disruptions and also by many people and organisations agreement. to bring attention to aspects of who would want to be accredited elections that need attention for to play the role in future elections, International improvement, alteration or total starting with the local government observers and their role change. For instance, domestic elections of 2011. It is important There were several teams of inter- observers have raised the issue of that South Africa and the Free State national observers in the Free State, intensifying the training of elec- province should have a pool of cred- including those from the African toral staff, especially temporary ible observers who will contribute Union (AU), and among them an staff at polling stations, and more to the monitoring and observation Ambassador from Sierre Leone and accurate supply chains and logis- of democratic principles around also from the Pan-African Parlia- tics management. elections. ment (PAP). Others appear in the list It is cause for serious concern provided further on. Domestic election that there were not many observers The role of the international observers accredited to observe the elections observers was one that was more The role of domestic observers is of 2009 in the Free State. Whether supportive and developmental in crucial for the Free State province this is due to a lack of interest or nature. International observers were mainly because the people and lack of information needs to be impressed by the high levels of toler- organisations involved would investigated by the provincial IEC. ance in comparison to 1994 elections understand the circumstances bet- That includes following up on the and, for them, there was growth and ter an appreciation of the context institutions of higher learning in the maturity developing around elec- and social dynamics of the areas province, such as the University of tions and campaigning. they would focus on. It remains a the Free State (UFS) and the Central It is important to note that the concern that almost all people who University of Technology (CUT), AU and PAP observer missions came for briefings by the IEC, and as they also did not feature among have clear guidelines and objective who were supposed to be domestic domestic observers and could play standards that govern them. Those observers, were not even accredited a useful role in both contributing to of PAP are done in line with the as yet and were also not aware of the electoral process and encourag- SADC Principles and Guidelines what the role entails. This was a con- ing their students to play a more governing democratic elections. The cern because the pre-election phase active citizenship role. AU also has clear mandates, rights had already begun. Political parties Domestic observers should and responsibilities for observation were campaigning and holding ral- be people and organisations with and monitoring missions. These are lies, and the organisations which credibility. The role requires a com- clearly spelt out in detail. were supposed to observe did not mitment to objectivity and a proven Table 2 lists international even understand what it was they record of such outstanding behav- observers and the municipalities needed to observe. To their mind, iour. The organizations should be they covered in the Free State, as Election Day was the only day that aware of the guidelines, rules and provided by the IEC in the Free mattered. regulations governing the elections State. Below (Table 1) is a list of domes- and should also be clear about tic observers who were accredited what they want to assess in their International as well as the municipalities that observer role. The observers should observers they covered. The role of international observers is valuable for young democracies Table 1: Domestic observers like South Africa and in particular, Name & Surname Organisation Area of Deployment the Free State province. Inter alia, the role entails evaluating the prepared- Sina Moeketsi South African Council of All municipalities ness of the IEC, assessing how free Churches and fair the whole election was, and Lineo Zwane Infortex MANGAUNG observing pre-election, election and post-election processes. The interna- M. Ntechane Young Women Christian MANGAUNG Association tional observers play more of a moni- toring role than just observing. Source: Information provided by the Free State IEC

193 EISA Election update south africa 2009 no 9

International observers under- therefore help develop electoral is on the political parties and their stand that elections make govern- processes further. members/supporters to offer their ments and these governments have As outsiders, the level of free- impressions. Based on this feed- to deliver services to society. When dom is greater and there is less back, all matters can be resolved they observe elections, they go into influence on their observations. and details settled. the detail of checking the levels of They work independently and have Party agents were empowered accountability that have been in a high level of integrity. to do their job in the April elections practice, as well as gauging the level to observe and know the do’s and of participation of the civil society Party agents and the don’ts of serving as party agents. in general. With an understanding monitoring role Being members of the respective of what the AU stands for and also The decision to include the role political parties, who have been se- knowing that governance issues are played by party agents in the moni- lected and registered by the political high on their agenda, it becomes toring role is a sound one, given that parties to serve as the eyes and ears important for their observation of declaring an election to be declared of the party throughout the election an election to assess the quality of free and fair, and to be accepted by process, party agents are trained to governance and the institutions cre- all, rests on the impression of party be vigilant, and to ensure that the ated to protect and deepen demo- agents as well. voting processes are procedurally cratic principles. It is important to Party agents have a role to be correct and just. The party agents note that international observers present and alert in monitoring worked closely with the presiding were given access to all documents processes of an election, and have officers at voting stations and were and legislation necessary for them a responsibility to report to their involved in all situations whenever to do their job. party leaders on any matter. They voters needed assistance. International observers bring ex- have to be aware of every aspect of As stated in section 59 (1) – (3) perience and exposure. They serve the election process and check pro- of the Electoral Act, Act 73 of 1998, to elevate the standard of elections cedures and safeguard the interests the powers and duties of agents are and contribute to the legitimacy of the respective political parties. very clear and if expressed well dur- of the process. Observers from the When everything is said and done ing elections, then the party agents outside bring a fresh outlook and and results are announced, the onus would not be in doubt or in conflict

Table 2: International Observers

Name & Surname Country Organisation Area of Deployment

1. Reza Isscak MP Mauritius SADC (PARLIAMENTARY FORUM) Mangaung

2. R. F. Shea MP Lesotho SADC (PARLIAMENTARY FORUM) Mangaung

3. Clare Musonda Zambia SADC (PARLIAMENTARY FORUM) Mangaung

4. Jeremiah Msibi Swaziland SADC Mangaung

5. George Bello Malawi SADC Mangaung

6. Hon. N. Mpofu Zimbabwe SADC Mangaung

7. Ibrahim Mkwawa Tanzania SADC Mantsopa

8. Rodrigues Muebe Mozambique SADC Mantsopa

9. Mika Angula Namibia SADC Mantsopa

10. Lisiany Da Silva Angola SADC Mantsopa

11. Justin Mwansa SADC Moqhaka

12. Sara Rwambali SADC Moqhaka

13. Cathrine Lishomwa SADC Moqhaka

14. Ambassodor Andrew Bangali AU Mangaung

15. Hon. Omar Musa AU Mangaung

16. Annissa Izidine EISA Mangaung

17. Egidio Manais EISA Mangaung

Source: IEC Free State office 194 EISA Election update south africa 2009 no 9 with the presiding officers at voting conducive for free elections. For platform is also there for consulta- stations. the security forces to perform their tion processes, and, when used In the Free State province, party duty well, it is essential that they optimally, violence and conflict can agents played their role very well understand the significance of elec- be avoided. during the voting process as well tions and processes involved, and, From these committees as well, as throughout counting. According for this, the police and the military reports are expected. Given that they to the media briefing done by Mr component allocated to the 2009 na- were actively resolving conflict, one Mepha, the PEO of the Free State, tional and provincial elections had would expect reports with regard no complaints were registered from been taken through training by the to their observations, as their role voting stations, with regard to the IEC team of the Free State. needs to be improved continuously fairness of the process. A report is expected from the in order to ensure better perform- Party agents continued to over­ security forces as well, in order to ance during elections to come. see the counting process, until give guidance and advice to the completion. They were present when IEC in the Free State. Debriefing ses- Conclusion results were verified by auditors sions within the police and military Observing and monitoring elections from PricewaterhouseCoopers in would assist in the development of brings a lot of value and credibility the different municipalities. A high the report. All involved understand to the processes. It is clear that there level of transparency was allowed that the intention is to build a better are concerns about the number of and that improved the level of country and deepen the principles domestic observers involved in trust in the system. The level of of democracy. The same goes for observing elections, especially in transparency also made it easier for Conflict Management Committees. the Free State. There was satisfac- the media to do their job, bringing tion with the role of international fresh updates to the communities Conflict Management observers, who provided feedback continuously. Committees’ proactive to the IEC provincial office. This role to curb conflict was a gesture that was appreciated, Security forces: Conflict Management Committees since it allows the provincial IEC to Monitoring and were set up to mitigate and resolve develop early warning systems and ensuring safety conflict where it occurred, and train- from the experience and advice of The monitoring role of security ing in this respect was provided international observer missions. forces is critical. The assurance for the purposes of resolving and was given by the security forces in preempting problems, thereby en- references the Free State that peace would be suring a free and fair election. maintained throughout the prov- Dr Brigalia Bam also talked IEC Free State province. IEC Briefing sessions for Observers, Free ince. Plans were in place and even about the Party Liaison Commit- State. troubled areas in need of extra atten- tees (PLCs), which were created IEC document on Observers of NPE 2009. tion had been noted and provided as a platform for political leaders AU Observers. with extra security. to ensure that all stakeholders The role of the security forces have the same understanding of is critical to create an environment electoral codes and processes. This

GAUTENG

Ebrahim Fakir – EISA and Shaheen Buckus – Independent Researcher

Election observation elections to prevent, manage or areas requiring attention and reform and monitoring transform election-related con- in enhancing the electoral process, Election monitoring and observa- flicts through impartial and timely and if not of such high order, at the tion are key instruments for evalu- reporting as well as identifying very least identify areas in which ating and assessing whether or not strengths and possible weaknesses electoral management and admin- the electoral process in any given of the election process as a whole.1 istration can be improved. We aim country has been conducted in a The process of monitoring and here firstly to cover the legislative transparent and credible manner. observation, provided it is done context governing election obser- In addition, monitoring and obser- thoroughly and credibly, can yield vation and monitoring, secondly, vation can assist a country holding significant insights into identifying the composition of the observer

195 EISA Election update south africa 2009 no 9 missions and thirdly, to outline the • Observe the election impartially observer teams a few months principles of election monitoring and independently of any ahead of voting day to assess the and observation. Election observa- registered party or candidate climate in the run up to the elec- tion and monitoring of the national contesting the election. tions. and Gauteng Province elections are • Remain non-partisan and • Monitoring and observer missions sketched, and finally a few recom- neutral. should prepare timeously for the mendations are proffered. • Be competent and professional elections so that adequate logistical in observing the election. arrangements can be made well in Legislative context • Provide the Commission with advance of polling day. governing election a comprehensive review of the • Observer and monitoring missions observation and elections, taking into account should ensure that all participants monitoring all relevant circumstances declare any conflict of interest. The regulations governing election including: • Election monitoring and observer observation and monitoring are pro- missions need to possess adequate vided for in the Electoral Act 73 of 1. The degree of impartiality shown knowledge of the country holding 1998. Section 84 of the Act provides by the Commission; the elections. 2 for the accreditation of observers. 2. The degree of freedom of politi- • The election monitoring body In terms of accreditation, the com- cal parties to organise, move, as- (EMB) or any other relevant body mission may accredit an observer semble and express their views should invite and accredit election after considering an application and publicly; observer missions timeously. The whether: 3. The opportunity for political accreditation should be speedy parties to have their agents ob- and non-discriminatory. a) The accreditation of the applicant serve all aspects of the electoral • Upon accreditation, election will promote conditions con­ process; monitoring and observer missions ducive to a free and fair election; 4. The fairness of access for politi- should be accorded the same and cal parties to national media and legislative protection given to b) The persons appointed by the other resources of the state; citizens of the host country. applicant will 5. The proper conduct of polling • Monitoring and observer mis- and counting of votes; and sions should compile a check list (i) Observe that election impar- 6. Any other issue that concerns defining their scope and should tially and independently of the essential freedom and fair- organise briefing and debriefing any registered party or candi- ness of the election. meetings with key stakeholders date contesting that election; 7. Comply with all instructions such as the media and political (ii) Be competent and profes- given and every obligation im- parties, among others. sional in observing that elec- posed by • Electoral conflict management tion; and (i) The Commission; bodies may use reports from moni- (iii) Subscribe to a code governing (ii) Any electoral officer; or toring and observer missions to observers issued by the Com- (iii) Any employee or officer of contain conflict. Monitoring and mission in terms of section the Commission; or observer missions should pro- 99. (iv) A member of the security duce and distribute press releases services acting on the in- and interim and final assessment Section 85 provides for the powers structions of an officer. reports to help the EMB and other and duties of accredited observers. interested parties identify any The section stipulates that a person Principles of election constraints and shortcomings of appointed by an accredited observer monitoring and the election. for that election can observe proceed- observation (PEMMO) • Monitors and observers should use ings concerning voting, the counting The principles of election monitor- these principles to assess future of votes and the deter­mination and ing and observation were devel- electoral processes in the SADC declaration of results. oped by the Electoral Commissions region. The Electoral Commission has, in Forum of SADC countries and EISA • The EMB must, in consultation terms of section 99 (3) read with sec- and jointly agreed to between elec- with relevant stakeholders, tion 84 (3)(b)(iii) of the Electoral Act, toral management bodies and civil develop a code of conduct for 1998 (Act No. 73 of 1998), compiled society organisations in November election observers and monitors and issued the Code of Conduct 2003. The following principles in accordance with the constitution for accredited observers.3 The Code inform election monitoring and and laws of the host country. The of Conduct requires that every ac- observation:4 code of conduct should not impinge credited observer and every person • Monitoring and observation mis- upon monitors and observers in appointed by that observer should: sions should deploy pre-election discharging their duties.

196 EISA Election update south africa 2009 no 9

The code of conduct should regu- • Election Monitoring Network technical glitches (late delivery late their behaviour in line with, made up of IDASA, Action for of ballot boxes, ballot papers and among others, the following salient South Africa, the South African ballot and VCE forms running out), values: Council of Churches-Western the elections were run smoothly by Cape, the South African Catholic the IEC. • To abide by the constitution and Bishops Conference, the Western More than 90 per cent of elec- laws and to respect the cultures Cape Religious Forum, the Jus- toral officers performed their func- and traditions of the host coun- tice and Peace Commission of tions competently. In many stations try. the Archdiocese of Cape Town, the IEC staff appeared to require in- • To declare any conflict of interest the Quaker Peace Centre, the tense training as SACSEC observers and to act in a strictly impar- Centre for Conflict Resolution assisted them. On other occasions tial manner toward all stake­ and the Black Sash.6 observers were asked to clarify pro- holders. cedures and provide information on International observer missions:7 • To refrain from actions that could voting and counting procedures. • African Alliance for Peace lead to perceived sympathy for a (AFAP) specific candidate or party and Polling stations and • African Union (AU) to desist from wearing any party voting day • Association of African Electoral symbols or colours. There were 19,726 voting and Authorities (AAEA) • To contribute to the legitimisa- counting stations countrywide. The • Commonwealth tion of the electoral process. counting of ballots and the release of • EISA • To support the enhancement of results met international standards • Electoral Commissioners’ Forum political, social, legal and human in terms of quality and timeousness of SADC rights. of release. The accessibility of poll- • SADC Parliamentary Forum • To uncover and disclose to the ing stations was enhanced due to • Southern African Development public any irregularities and the increase in the number of poll- Community (SADC) malpractices for possible re- ing stations. Notwithstanding this, • Senegal Peoples’ Development dress. SACSEC did observe that in some Institute • To increase public confidence polling stations provision was not and to show support for those Observation and made for people with disabilities, directly involved in the electoral monitoring: the infirm and pregnant women. 8 process. National scenario Problems that were encountered SACSEC observation methodology on voting day included the shortage Composition of is underpinned by the PEMMO. of ballot papers and boxes in the observer missions to the SACSEC trained and deployed Gauteng and Western Cape and national and 1,500 observers in all nine prov- the late arrival of ballot papers at provincial elections inces. In addition it deployed 100 some stations in Gauteng. Further, It is estimated that about 5,000 pre-election observers who at- the amendment in the electoral law national and 355 international elec- tended political party rallies and to afford people the opportunity to tion observers were deployed in the other meetings in the run-up to the vote at any station added to logisti- country for the 2009 elections. The elections. cal problems. Despite these hiccups, following represents a breakdown The main findings of the SAC- voting proceeded smoothly and the of domestic and international ob- SEC observer mission centred on incidents did not compromise the server missions. the role of the IEC, voting day and overall efficiency of the elections. National observer missions: polling and counting stations, voter • South African Civil Society Elec- education, political parties and Voter education tion Coalition (SACSEC): the party agents. Irrespective of the role of the IEC main national observation body in the provision of voter education, made up of the South African Role of the IEC in the it remains a colossal challenge due Council of Churches, the South context of the to the size of the country and the African NGO Coalition, the elections different levels of formal literacy. Electoral Institute of Southern The IEC was commended and The primary reason for spoilt bal- Africa, the Co-operative of Re- saluted by SACSEC for the efficiency lots can be attributed to a lack of search and Education, the Feder- and transparency of the elections. voter education. Furthermore, ation of South African Christian EISA unequivocally found that the voters find the process daunting Students, the KwaZulu-Natal elections conformed to the PEMMO and some party agents capitalise Democratic and Elections Forum and other internationally recognised on this. For example, many voters and the Democracy and Devel- standards that conferred credibility asked questions such as where and opment Programme.5 and integrity upon it. Despite what to vote for.

197 EISA Election update south africa 2009 no 9

Political parties and noted that many voting stations ran Recommendations by party agents out of ballot papers and boxes. This SACSEC and EISA In general, political parties and is attributed to the fact that voters • In terms of training, SACSEC their representatives behaved ex- registered in other provinces opted recommends that the training emplarily. However, some parties to vote in Gauteng, coupled with of IEC staff should be intensi- set up stations too close to the vot- other voters who opted to vote fied and quality controlled to ing station, while others engaged in outside their voting stations. This ensure uniform application. distributing party literature. Also, culminated in a shortage of ballot Further, SACSEC proposes that some party agents were poorly pre- papers and long queues. In addi- party agents be trained in their pared and trained on the electoral tion, these problems resulted in roles and responsibilities. In the process. several polling stations not closing same vein, EISA recommends on time. that training of election officials Monitoring and should be adequate so that they observation: Voter education understand and apply proce- 9 Gauteng SACSEC, using the regional co- dures uniformly.10 Gauteng SACSEC divided Gauteng ordinators, identified 250 commu- • EISA recommends that planning into six regions and identified nity voter educators across the six take into account the maximum and appointed two provincial co- regions. Co-ordinators attended a amount of people who would ordinators and either one or two ‘train the trainer’ course and in turn vote, in order to obviate the regional co-ordinators from among identified, recruited and trained the shortages of election material the ten partner organisations. The voter educators in their respective nationally and in Gauteng. six regions were: Vaal, Tshwane, regions. • EISA proposes that the number West Rand, Ekurhuleni, Soweto Community trainers were each of polling stations should be and Johannesburg. One hundred required to facilitate 10 workshops increased to cater for larger and twenty four observers were de- in their respective areas. All in all amounts of voters. ployed throughout the six regions community trainers were able to • SACSEC recommends that and they used the PEMMO as a facilitate 1,698 workshops, reaching an intensive voter education yardstick to assess the elections. 31,890 prospective voters, 14,601 of programme is required in all whom were men and 17,829 were nine provinces and especially Role of IEC in context women, during the period mid- in remote large rural communi- of elections February to mid-April. ties. Furthermore, the size of The IEC based in Gauteng was From the perspective of SACSEC Gauteng necessitates that more prepared for the elections in terms a number of lessons were learnt voter education take place. of logistic and administrative ar- from the voter education exercise. rangements, despite the problems These included the time needed to Conclusion of long queues and ballot paper oversee and supervise community The elections were conducted in ac- shortages. Staff were identified, trainers and the energy required cordance with the PEMMO electoral recruited and trained in advance. to implement a programme of this standards and good practice. The Further mobile stations were iden- nature. voters were enthusiastic and dem- tified and arrangements for special onstrated their confidence in the votes were in place. Political parties and elections as many turned out to cast The IEC arranged two specific party agents their vote nationally, thus ensuring voter registration weekends. It had Party agents from a broad array of the secrecy of the ballot. a visible campaign to encourage political parties in Gauteng were In the same vein, in Gauteng, registration including the print me- present, such as the ANC, DA, observers found that voting and dia, television and radio. It also put COPE, UDM, IFP, ID and PAC. No counting proceeded in accordance in place conflict management pan- incidents involving political party with the regulations, with staff com- els at provincial level where trained agents were recorded. mitting themselves to ensuring that mediators were available to assist There was a new regulation al- the process ran efficiently. in resolving election disputes. lowing political parties to engage in lawful and legitimate election Polling stations and related activities outside of voting Endnotes voting day stations. However, some political 1 Electoral Commissions Forum and Observers witnessed that voting parties abused this regulation be- Electoral Institute of Southern Africa. stations opened on time and elec- cause in some stations presiding (2003). Principles of Election Management, toral staff followed the correct pro- officers requested them to remove Monitoring and Observation. Available from http://www.eisa.org.za/PDF/pemmo.pdf cedures. The observers in Gauteng tables and banners. (accessed 10 November 2009).

198 EISA Election update south africa 2009 no 9

2 Government of South Africa. http://www.eisa.org.za/PDF/pemmo.pdf (accessed 23 June 2009) Electoral Act no 73 of 1998. Available (accessed 10 November 2009). 8 This section is drawn from: South African from http://www.info.gov.za/view/ 5 South African Civil Society Election Civil Society Election Coalition. (2009). DownloadFileAction?id=70732 (accessed Coalition. (2009). Report on the Report on the 2009 national and provincial on 27 May 2009). 2009 national and provincial elections. elections. Johannesburg: SACSEC. 3 Independent Electoral Commission. Johannesburg: SACSEC. 9 This section is drawn from: South African Regulations Concerning the Accreditation 6 Election Monitoring Network. Election Civil Society Election Coalition. (2009). of Observers and Code of Conduct for Alert No3 April 2009. Available from Report on the 2009 national and provincial Accredited Observers. Available from http:// www.idasa.org.za/gbOutputFiles. elections. Johannesburg: SACSEC. www.elections.org.za/Observers.asp asp?WriteContent=Y&RID (accessed 19 10EISA: EISA interim statement EISA (accessed on 20 June 2009). June 2009). observer mission to the 2009 South 4 Electoral Commissions Forum and 7 Electoral Institute of Southern Africa. African National and Provincial Elections. Electoral Institute of Southern Africa. South Africa: Election Observer Missions Available from http://www.eisa.org.za/ (2003). Principles of Election Management, to 2009 Elections. Available from http:// EISA/pr20090424.htm. (Accessed June Monitoring and Observation. Available from www.eisa.org.za/WEP/sou2009eom.htm 23).

KWAZULU-NATAL

Salomé van Jaarsveld – ACCORD (writing in personal capacity)

Introduction before counting. Observers can • the fairness of access for political In providing an analysis of elec- also take notes and write reports on parties to national media and tions monitoring in South Africa all aspects of the counting process other resources of the state; and in KwaZulu-Natal during the and raise any possible concerns • the proper conduct of polling 2009 elections, the legal context of with the Counting Officer. This of and counting of votes; elections monitoring will be out- course does not limit the activities of • any other issues that concern the lined. This is followed by a brief observers to the day of the elections essential freedom and fairness of discussion of the main international and most observer missions start the election.2 and domestic election monitoring observation missions in the run-up missions and their findings. In the to elections and continue until after observer missions to the context of critiques against observer counting. 2009 national and pro- missions, elections observation in Schedule B of the Electoral Com- vincial elections the province and nationally will be mission Regulations Concerning It is estimated that 5,000 national analysed. the Accreditation of Observers and and 355 international election Code of Conduct for Accredited observers were deployed in the Elections observation Observers sets out that an observer country in the 2009 elections,3 with in South Africa and any person appointed by that 2,000 national and international The main instruments governing observer should be non-partisan, observers in KZN alone.4 the conduct of elections in South neutral, competent and professional. The main national observation Africa include the Electoral Act, 73 It also states that observers should effort was undertaken by the South of 1998; the Electoral Commission provide the Commission (IEC) with African Civil Society Election Coa­ Act, 51 of 1996; the Public Funding a comprehensive review of the elec- lition (Sacsec) a network of South of Represented Political Parties Act, tions taking into account all relevant African non-governmental and 103 of 1999 and the Independent circumstances including: civil society organisations. Sacsec Broadcasting Authority Act, 153 is a national initiative of over 40 of 1993. To this end, the Electoral • the degree of impartiality shown non-governmental and faith-based Act 73 of 1998 sets out the role of by the Commission; organisations committed to free, 1 observers during polling. The act • the degree of freedom of political fair and credible elections. Since determines, inter alia, that observers parties to organise, move, assem­ 1995, the coalition has trained can observe the elections with ble and express their views and deployed over 5,000 domestic respect to any voting procedure publicly; observers for national, provincial 5 and all the steps of the counting • the opportunity for political and local government elections. The process, including being present to parties to have their agents network is co-ordinated nationally view the opening of the seals of the observe all aspects of the elec­ by the South African Council of ballot boxes and all the containers toral process; Churches (SACC) and provincially

199 EISA Election update south africa 2009 no 9 by partner organisations such as and political meetings and events monitors nationwide to keep a look- the Electoral Institute of Southern in the electioneering period. Seven out for election related abuse or Africa (EISA), the South African international observers were also violence. The EMN members were Catholic Bishop’s Conference and deployed in Gauteng, KwaZulu- drawn from the Institute for Democ- the KwaZulu-Natal Democracy Natal and the Western Cape. It is racy in Africa (Idasa), Action for a and Election Forum (KZNDEF). A felt that their presence and visibility Safe South Africa, the South African number of smaller bodies such as contributed to the smooth running Council of Churches – Western Cape, the Election Monitoring Network of the elections at voting and count- the Western Cape Religious Leaders (EMN) also deployed observers. ing stations. Forum, the Southern African Catholic The main international (or In KZN, Comboco led on polling Bishops’ Conference, the Justice and African) observation efforts were and counting observation. Com- Peace Commission, the Quaker Peace undertaken by the Electoral Institute boco itself deployed 440 observers Centre and the Black Sash.11 of Southern Africa (EISA), the and in total 27 KZNDEF observers The network deployed monitors African Alliance for Peace (Afap), per district were deployed in the as early as November 2008 and by the African Union and the Southern province.9 In a press statement on March had identified a number of African Development Community 24 April 2009, Sacsec declared that areas of concern, which it raised (SADC). Other international teams it was ‘satisfied that South Africa’s publicly. These included warnings were the Association of African fourth round of national and pro- against using the xenophobic violence Electoral Authorities (AAEA), vincial elections were conducted in of 2008 as a campaign tool; calls for the Commonwealth, the Electoral a substantially free, fair, transparent the taxi industry not to act on its Commissioners’ Forum of the and credible manner’. threats to disrupt elections because SADC, the SADC Parliamentary Notwithstanding its commen- of its dispute with government Forum and the Senegal Peoples’ dation of the IEC’s work and the about the bus Rapid Transit System; Development Institute. The ruling to allow overseas voters to warnings against redeploying, as part European Union did not send an participate in elections, the state- of restructuring work, police officers observer team, saying that they ment notes that the network was between stations in the run-up to would only send teams if there was concerned about incidents of politi- elections and concerns about the use potential for violence or instability. cal violence and political intolerance of social grants as a tool to manipulate The European countries accredited such as disruption of party meet- voters. The EMN also revealed that their diplomats in Pretoria to act as ings, election posters being removed it had found ‘instances of political observers, however. 6 or defaced and parties denied access parties pushing the Independent to venues. The observers recogn- Electoral Commission to take on a KZNDEF ised that technical issues had to be partisan role in the hope that this will After deploying more than 2,000 addressed on election day, such as help them settle scores with other monitors to at least 85 per cent of late delivery of ballot papers, and parties’. It also identified attempts to voting stations in the province in some voting stations running out undermine the legitimacy of the IEC 2004, the KZNDEF also deployed of ballot papers, ballot boxes and and how such manipulation could domestic observers in the province7 VEC4 forms. Despite these glitches be used as a ploy by political parties in 2009 as part of its coalition with the observers were of the opinion to reject the election results.12 The Sacsec. The KZNDEF network is that this did not materially affect the Election Monitoring Network (EMN) wide and inclusive, and includes overall smooth running of the elec- reported on the day of elections that the KwaZulu Natal Christian Coun- tion. Sacsec noted their satisfaction the day was marked by calm and cil (KZNCC) network and the with the high level of professional- peace with no major incidents of KwaZulu-Natal Community Based ism displayed by election officials. violence or intolerance. Organisation Coalition (Comboco), IEC’s use of modern technology The organisation believes that a network of 500 member organisa- played a major part in delivering citizens are becoming politically tions.8 Sacsec trained and deployed a transparent election of which the more mature, that political parties 1,500 observers nationally to scru- nation could be proud.10 have been restraining themselves tinise the entire electoral process and importantly, that the vigilance in all provinces – a third of those Election monitoring network and number of election monitors observers were deployed in KZN, A number of smaller bodies such as may have averted some incidents. as part of the coalition with the the Election Monitoring Network It also recorded that no one party KZNDEF. Traditional hotspots for (EMN) also deployed a few observ- was claiming all the ‘political space’ violence – most in KZN – were ers. The EMN is a collaboration evident in the absence of no-go areas.13 carefully monitored in the run-up between civil society organisations A day after the elections the network to and during elections. Sacsec also in South Africa. The network de- gave their provisional endorsement deployed 100 pre-election observ- ployed teams of 500 independent by labelling the process as ‘credible’. ers nationally who attended rallies and trained community member Despite some administrative and

200 EISA Election update south africa 2009 no 9 management issues on election day, when it recruited researchers in Other, mostly African, observer the network did not believe that each province to prepare election teams that were deployed nationally anyone had any underlying agenda updates on each province (of which and in KZN included a Southern that undermined the democratic this update is one). It also held Africa Development Community process, not least, fraud.14 stakeholder meetings with, inter alia, (SADC) observer team and a the IEC, civil society organisations, team from the African Union. The African Alliance for Peace (Afap) local government, other observer SADC sent 100 observers earlier In a joint domestic and African missions and political parties. The in April, for the elections.20 The violence observer effort in the observers also attended political African Union deployed a team KZN province, former Nigerian rallies. of 42 observers to the elections a President, Olusegun Obasanjo, In an interim statement19 re- week before. The mission was led headed the African Alliance for leased on 24 April 2009, the mission by Dr Salim Ahmed Salim, the Peace (Afap) election observer provisionally reported on a range former prime minister of Tanzania mission, a collaboration between of pre- and post-polling issues. It and former secretary-general of the the Umhlanga-based African Centre noted major successes. The IEC for Organisation of African Unity. Dr for the Constructive Resolution displaying ‘utmost competency’ Salim noted that the team was not in of Disputes (Accord), the Nairobi and the SABC for the role it played the country for an investigation but Peace Initiative and the West Africa in diffusing pre-election tensions to show support for the process.21 Network for Peace.15 through its political party debates AU observers included members Members of the observer that focused on issues which were of the AU Parliament, offic­ials mission were deployed throughout not divisive, regional, ethnic or per- from African election bodies and the province, and particularly sonality matters. It also highlighted civil society representatives. The in hotspots such as Nongoma, the valuable role the ROCs played to statement released on 24 April by Ulundi and other IFP strongholds enhance transparency and integrity the AU mission largely mirrored the in the north of the province, to and the role electoral staff, conflict commendations and concerns of the observe and monitor the levels of mediators and additional security EISA mission. It judged the election violence and intolerance.16 President staff, in KZN particular, played in process to be free, fair and credible. Obasanjo noted that improved conflict management. The mission (For more observer analyses on levels of political tolerance were also commended the IEC and civil polling and post-polling processes testimony to a maturing democracy. society organisations who under- see KZN Election Update 8.)22 While the teams observed a number took extensive voter education in of incidents of minor political the run-up to elections. Finally, it The purpose of intolerance in KZN, it was noted notes that special voting and exter- electoral observation that these were not systematic or nal voting (for citizens abroad) will and monitoring widespread and thus the mission be an ‘inspiration for other African International, regional and local believed the process to be sufficiently countries in democracy building’. electoral observation and moni­ free, fair and transparent so as to The statement outlines a number toring have become an integral reflect the will of the people of of areas of concern such as incidents part of the democratic and electoral the province. The IEC was also of political violence and intimida- processes in Africa. The intended commended for its work, despite tion during campaigning in KZN in purpose of election observation is the logistical issues it faced on the particular, instances of hate speech to contribute to the strengthening day.17 and mudslinging. It also noted of democractic processes and the disruption to voting in some insti­tutions by providing support Electoral Institute of Southern areas as a result of ballot papers to ensure elections are peaceful, Africa (EISA) 18 and boxes running out. Counting credible, transparent, free and The EISA observer team comprised delays occurred because some elec- fair. It also plays a key role in 34 individuals from election bodies, tion officials did not adequately the acceptance of results and in civil society organisations and understand and apply counting mitigating or preventing violence academic institutions across Africa procedures. Procedures not applied in the run-up, during, and after and was lead by Professor Ade uniformly – e.g. some polling sta- elections.23 Adefuye, Senior Governance Adviser tions used one box for both national International election obser­ at the Economic Community of West and provincial ballots; ballot seals vation in particular, also serves, inter African States (Ecowas). Fifteen not applied uniformly. EISA will be alia, to demonstrate the international teams were deployed across South producing a comprehensive report community’s interest in democractic Africa, with four teams in KwaZulu- covering the entire election proc- processes that meet international Natal. In total, the teams visited ess, which will contain in-depth standards; to assist and increase 234 stations nationally. EISA’s analysis, detailed observation and the impartiality of civil society monitoring started in January 2009 recommendations. and local elections monitoring

201 EISA Election update south africa 2009 no 9 groups in their work and to provide that observers – both local and professional and less influenced neutral and impartial judgement international – need to contend by political pressure, so they have on electoral processes and to make with ‘powerful national, political a function to serve. What that is, recommendations to improve those and diplomatic vested interests’. may be limited. When international processes.24 Political conditions This influence extends beyond observers depart, their influence in attached to aid and development national borders to the ‘hegemonic, strengthening democractic processes assistance,25 and even admission to strategic and economic calculations declines and so there have been calls certain international organisations, of the dominant political elites for the international community not only require multiparty elections and post-Cold War powers’.29 to develop ‘more imaginative to be held, but also for elections to be In 1992 in Kenya, for example, ways of sustaining the process of scrutinised. For states in transition discrepancies emerged between consolidating democracy’. 33 from civil war or single-party rule, observers’ interpretations and an ‘international seal of approval’ conclusions, suggesting that exter­ Analysis is often sought in the form of nal interests played a role. Their It is useful to consider the 2009 elec- democratic elections, indicating free acceptance of flawed elections – in tions in the context of some of the and fair elections, the legitimacy contrast to the verdicts of national above criticisms. of the elected government and observers and disgruntled voters international respectability. – elicited fierce criticism. Cited A focus on, and local ownership of, While to many it may seem as an example of donor-imposed observation like a relatively ‘toothless’ activity political conditionality, the Kenyan In contrast to the 1994 election – ‘the or even greatly flawed, evidence elections contributed to tarnishing most monitored election ever’, with suggests that the work and reports the reputation of both the donors international observers visiting of observers can bring about action and the international observers.30 7,430 polling stations during the by domestic and international The often superficial nature elections,34 – international (i.e. non- players by influencing or informing of observer missions’ fanfare and South African) observer missions perceptions and beliefs. It is also short-term project- orientated focus, did not dominate the scene on the relatively inexpensive to do, and have also been questioned,31 It is ground in 2009. Less than ten percent the action it can bring to bear has argued, for example, that elections of observers were international, been linked to democratic change. can be rigged before polling and with a composition of national to In addition, observer missions are therefore it is important for local international observers of 14:1 (or relatively low key in diplomatic and and international observer missions 5,000 to 355). Indeed, it is possible political terms and do not tend to be to be deployed in the pre-election that only the Commonwealth as controversial, say, as sanctions.26 stage, during registration and voter observer team had a non-African education. International observer element in their international Challenges and missions tend to ignore ‘the local’ observer mission. All observer critiques of elections and take little time to familiarise missions were either South African, monitoring and themselves with the situation on the African or a collaboration between observation ground and in particular, localities, national and African teams (such Election observation has long been a before arriving, observing elections as the Afap team). The absence of 27 subject of controversy and debate. and leaving shortly after releasing international observer teams was It is useful to look at some of the reports. probably due to, inter alia, South challenges and criticisms. There are calls for greater Africa’s maturing democracy; the From a ‘recipient’ perspective, engagement with local organisations, low probability and incidence of international observers can be in local democracy building efforts political violence; the greater role of seen as meddlers in domestic and for local observer efforts to be the African Union on the continent affairs, imposing inappropriate supported. In fact, the international and a recognition of African 28 Western liberal agendas, tolerated community should play a supportive ownership and local ownership of not because leaders have a true role while citizens take ownership democracy. interest in the democratic project of their democracy and democratic Interestingly, on election day the but merely because their presence change.32 Local monitoring tends television media tended to concen- is seen as a strategic way to to be more efficient and effective, trate media coverage of observers ensure an inflow of donor funding more ‘knowledgeable, linguistically in particular, on non-South African and credit. Others question the more mobile, available for longer ‘eminences’ such as Obasanjo and complex interplay between power, periods, and perhaps more Salim. Local civil society observer politics and diplomacy – while it is observant of what really matters’. groups (such as Sacsec, KZNDEF, recognised that observer missions Compared with local observers, Comboco) and even EISA re- are born of the noble desire to however, international observers ceived little or no coverage and promote democracy, it is argued are still viewed as more impartial, these groups were not consulted

202 EISA Election update south africa 2009 no 9 much for analyses on the day. Mary regularities, political violence and The future of elections de Haas, KZN Violence Monitor, political and electoral conflict con- and democracy was interviewed, however, through- tinue to plague the province.35 The This update has not covered in out the day as were various academ- DDP supports capacity-building on depth the role of elections in ics, about the situation in KZN. As governance and civil society levels the democratic project in South nearly half of all observers were de- and promotes, inter alia, citizen par- Africa,42 or indeed the role that ob- ployed to KZN, the aforementioned ticipation and polticial awareness server missions played to curb the civil society organisations, having and good governance.36 Also in the violence in KZN during the 2009 conducted pre-election monitoring KZN province, Accord drew on its elections. However, it highlighted and even voter education, would network with other conflict resolu- that while elections are crucial, have been ideally placed to provide tion and peace-building organisa- one day of successful elections is additional in-depth analyses and tions on the continent, and academic not enough to ensure democracy commentary about the issues on institutions locally, to bring together or democratic consolidation. The the ground. a joint mission to observe levels of lesson from Africa is that despite violence and political intolerance the institutionalising of electoral Focus on the electoral process, not in the province. The organisation, democracy in many countries on only on the elections which has been involved in con- the continent, challenges remain. One may question the extent of en- flict resolution on the continent for Notably, conflict, as a result of gagement with the entire electoral seventeen years, will be produc- democratic deepening in some na- process by international observer ing a full analytical report on the tions and democratic consolidation teams such as SADC and the AU, elections as part of its work on in others, marked by violence and who arrived days before and left just ‘Peace-building in South Africa’.37 instability resulting from disputed after polling. (However, as noted, Although President Obasanjo is a elections.43 their mandate seemed to be one of controversial figure, his presence To this end, South Africa has merely showing support for demo- in South Africa and in KZN gave seen a decline in political violence cratic processes.) In any case, when prominence to the observer effort, and intimidation over the last four considering the scope of work of the while the collaboration between national and provincial elections, Sacsec network and the KZNDEF Accord and its network partners although this update points to in KZN, EMN, EISA and the Afap fused local knowledge and conflict challenges that remain. It has missions as outlined above, there resolution experience with the also seen the IEC grow into a are clear indications of a move away benefits international observers can world-class institution that has from pure elections observation to bring – professionalism, expertise been com­mended by most for its focus on electoral processes, ac- and impartiality. work in ensuring free, fair and knowledging that there was more to Interestingly, although the in- transparent elections. It has seen the elections that election day. This ternational community appears to a strengthening of its democratic is particularly the case in the KZN be taking a hands-off approach to institutions and voters who province where local civil society elections observation in South Af- are, by all accounts, becoming organisations utilise their networks rica, much of the abovementioned more informed, discerning and nationally and internationally to work is funded by them. For exam- empowered. contribute to the wider process of ple, the KZNDEF voter education In KwaZulu-Natal, with the democratic deepening and peace- programme is funded partly by decline of the IFP (as shown in the building in South Africa. the Finnish Embassy in Pretoria,38 table 1), political support in most In KZN, the KZNDEF network EISA is funded largely by North areas has consolidated around Mr not only observed elections but American and European donors,39 Zuma and the ANC and political have been part of a broader proc- the DDP by the German Konrad- violence is likely to decline further ess of democratic deepening in Adenauer-Stiftung and Accord as a result. However, with the rise the province through its network, by Nordic, European and North of other political parties (such as in particular with the Democracy American donors.40 This is a clear Cope and to some extent, the DA) Development Programme (DDP). indication that donors often sup- new political tensions may be cre- The KZNDEF network conducted port broader democratic processes ated in other areas of the country. grassroots-level voter education that include election legislation, Important work lies ahead throughout the province, violence human rights, providing technical for all – political parties, the IEC, monitoring, mediation, election expertise to electoral commissions, academia, civil society organi- observation and litigation. The funding voter education, and so sations (and their donors) – to network seeks to address problems on. There is also a greater focus on contribute to further democratic relating to the 2009 national gov- democratic governance, support for deepening and peaceful democratic ernment elections, as voter apathy, an independent judiciary and an consolidation in the country. political intolerance, electoral ir- active civil society. 41

203 EISA Election update south africa 2009 no 9

Table 1: Voting outcomes, 1994–200944

KZN 1994 KZN 1999 KZN 2004 KZN 2009

Registered voters All with ID 3.4m 3.8m 4.47m

Voter turnout 3.6m (80%) 3m (87.38%) 2.8m (72.84%) 3.53m (78.81%)

% Votes/Support ANC 32.23% 39.38% 47.47% 63.97%

DA 2.12% (as DP) 8.16% (as DP) 10.00% 10.33%

IFP 50.32% 41.9% 34.87% 20.52% Cope - - - 2.36%

MF 1.34% 2.93% 1.84% 1.1%

Seat Allocation – Provincial Legislature

ANC 26 32 38 51 DA 2 (DP) 7 7 7 IFP 41 34 30 18 Cope - - - 1 MF 1.34 2 2 2 ACDP 1 1 2 1 UDM - 1 1 0

Endnotes

1 Independent Electoral Commission, ‘Party org.za (accessed 21 June 2009). African Union Electoral Observation and Agents and Observers’. Available at: 12 Election Monitoring Network, 2009, Press Monitoring Missions’. Available at www. www.elections.org.za/Documents/ release, 12 March. Available at www.idasa. africa-union.org (accessed 5 July 2009). Voting2009/Party%20Agents%20and%20 org.za (accessed 21 June 2009). 24 The Carter Centre, (2009), ‘What is Observers%20ZCard%20_2_.pdf 13 ‘Democracy comes of age’, The Witness, 22 election observation?’ Available at http:// (accessed 30 April 2009). April 2009. www.cartercenter.org/peace/democracy/ 2 Electoral Commission Regulations 14 Smook, E. (2009), ‘Election Monitoring nav_question1.html Concerning the Accreditation of Network gives elections a provisional 25 Geisler, G. (1993), ‘Fair? What Has Observers and Code of Conduct for thumbs up’, Cape Argus, 23 April. Fairness Got to Do with It? Vagaries of Accredited Observers, Government 15 ‘Observers give elections in KZN the seal Election Observations and Democratic Gazette, Vol. 405, No. 19857, 17 March of approval’, The Mercury, 23 April 2009. Standards’, Journal of Modern African 1999, Regulation Gazette, No. 6460. 16 Obasanjo to observe SA election, The Studies, Vol. 31, No. 4 (Dec., 1993), pp. 613- Available at http://www.elections.org.za/ Times, 20 April 2009. 637. Documents/R362-1999.doc (accessed 1 17 ‘Observers give elections in KZN the seal 26 Donno, D. (2007) ‘Monitoring Matters: May 2009). of approval’, The Mercury, 23 April 2009. IGO Election Observation and 3 SABC2 Election Coverage, 22 April 2009. 18 This section draws directly from Electoral Democracy Protection’, Conference 4 ‘Obasanjo jets in to observe election Institute of Southern Africa (2009), ‘Interim paper, Annual Meeting of the International process’, The Mercury, 21 April 2009. Statement: EISA Observer Mission to the Studies Association, Chicago, IL 2 March. 5 SACSEC begins preparations for 2009 2009 South African National & Provincial 27 See for example Abbink (2000) and elections, South African Council of Churches, Elections’, 24 April. Available at http:// Carothers (1997). 19 March 2008. www.eisa.org.za/EISA/pr20090424.htm 28 Anglin, Douglas (1998), ‘International 6 ‘Election Observers Applaud SA (accessed 30 April 2009). Election Monitoring: The African Standards’, Mail and Guardian, 23 April 19 Electoral Institute of Southern Africa Experience’, African Affairs, 97, pp. 471–495 2009. (2009), ‘Interim Statement: EISA Observer 29 Donno, D. (2007) ‘Monitoring Matters: 7 ‘More than 2 000 election monitors for Mission to the 2009 South African IGO Election Observation and KwaZulu-Natal’, SABC News, 31 March National & Provincial Elections’, 24 April. Democracy Protection’, Conference 2004. Available at http://www.eisa.org.za/EISA/ paper, Annual Meeting of the International 8 Personal Communication, KZNDEF pr20090424.htm (accessed 30 April 2009). Studies Association, Chicago, IL 2 March. Political Officer, 25 March 2009. 20 ‘AU deploys election observers’, Sapa, 30 Geisler, G. (1993), ‘Fair? What Has 9 Telephone interview with Nsome Vuyani, 16 April 2009. http://www.iol.co.za/ Fairness Got to Do with It? Vagaries of Comboco Provincial Coordinator, 28 May index.php?set_id=1&click_id=3086&art_ Election Observations and Democratic 2009. id=nw20090416161001696C929333 Standards’, Journal of Modern African 10 ‘SACSEC commends free and fair 21 ‘Election Observers Applaud SA Studies, Vol. 31, No. 4 (Dec., 1993), pp. national and provincial 2009 elections’, Standards’, Mail and Guardian, 23 April 613-637. South African Civil Society Election Coalition, 2009. 31 Ministry of Foreign Affairs, Sweden, 24 April 2009. 22 Van Jaarsveld, S. (2009), ‘KwaZulu-Natal ‘Free and Fair: towards democratic 11 Election Monitoring Network, 2009, Press Election Update No 8’, EISA. governance’, International Electoral Institute release, 12 March. Available at www.idasa. 23 African Union (2002), ‘Guidelines for Commission, Stockholm, March 1993.

204 EISA Election update south africa 2009 no 9

32 Obi, C. (2008), ‘International Election Political Officer, 25 March 2009. (2000), ‘Elections in Africa: A Fading Observer Missions and the Promotion of 36 Democracy Development Programme, Shadow of Democracy?’, International Democracy: Some Lessons from Nigeria’s www.ddp.org.za (accessed 8 July 2009). Political Science Review, 21, pp.59-73. 2007 Elections’, Politikon, 35(1), pp 69–86. 37 ACCORD, www.accord.org.za.(accessed 43 African Union (2002), ‘Guidelines for 33 Anglin, Douglas (1998), ‘International 9 July 2009). African Union Electoral Observation and Election Monitoring: The African 38 Personal Communication, KZNDEF Monitoring Missions’. Available at www. Experience’, African Affairs, 97, pp. Political Officer, 25 March 2009. africa-union.org (accessed 5 July 2009). 471–495. 39 EISA, 2009, http://www.eisa.org.za/ 44 Compiled from IEC elections data, www. 34 Anglin, Douglas. (1995), ‘International EISA/donors.htm (accessed 11 July elections.org.za Monitoring of the Transition to 2009). Democracy in South Africa’, 1992–1994’, 40 ACCORD, http://www.accord.org.za/us/ African Affairs 94, pp.519-543., quoted links/funder (accessed 9 July 2009). by Lodge, Tom (1999), Consolidating 41 Anglin, Douglas (1998), ‘International Democracy: South Africa’s Second Popular Election Monitoring: The African Election, Witwatersrand University Press, Experience’, African Affairs, 97, pp. Johannesburg, p.5. 471–495. 35 Personal Communication, KZNDEF 42 See for example Adejumobi, Said

LIMPOPO

Lesiba Teffo – University of Limpopo

Election observation ‘national interest’ is nebulous and Obasanjo, it is argued, sought to and monitoring in elastic, and it is often abused by amend the Nigerian Constitution general rogue states. It is therefore advisable for personal gain, rather than in Election observation and monitor- that such discretion be exercised national interests. When his move ing are essential processes and judiciously. was duly rejected by the Nigerian quality assurance mechanisms that Accredited observers, national, parliament, he decided to anoint are needed to legitimise the election. international, and non-governmen- a successor and vilified his oppo- As is the case with any competitive tal organisations are compelled nents, and abused state institutions contest, a neutral referee is always to comply with the rules, and any in order to advance the fortunes of recommended. Accordingly, the breach may lead to disqualifica- his protege. In such circumstances it liberal democracies of the world tion from the process, as well as is difficult to imagine that a former have made observation and moni- expulsion from the process and head of state who was perceived not toring permanent features of their the country concerned. During the have played by procedural rules of electoral processes. In fact these 22 April 2009 Election, the general the democratic game and who had processes are so common that they conduct of international observers undermined the spirit of democracy even have state-sponsored and non- was commendable. The AU and if not the letter, could be the impar- governmental organisations special- SADC sent missions comprising tial adjudicator of a democratic, free ising in them. These processes also men and women of integrity. The and fair electoral process when he serve as catalyst in the maturing of sizeable contingent of international himself did not give credibility to a democracy. election observers mitigated poten- those processes in his own country The Electoral Act, 1998 (ACT tial violence in the KwaZulu-Natal and under his own stewardship. It 73 OF 1998), provides for the ac- Province. The situation had become is therefore important that a set of creditation of any juristic person volatile, and belligerence under- criteria be developed for leader- for election observation. A juristic mined democratic discourse. ship and composition of election person applying for accreditation Serious reservations, however, observer missions, failing which, as an observer of an election must surrounded the former president of observer missions compromised of apply and submit specified forms Nigeria, General Olugesun Obasan- individuals who are perceived not so that a certificate of accreditation jo leading a team of electoral observ- to have democratic credentials will can be issued. ers. Some commentators expressed themselves have their credibility It is at the discretion of both the reservations that Obasanjo himself questioned and their adjudication state and the Electoral Commission as the head of state of Nigeria did of an election will lack public trust to approve or reject an application. not acquit himself as a true demo- and confidence. On the whole, how- National interests often inform crat. When his tenure as head of ever, the inclusion of Obasanjo was what the best form of action to take state had ended, it appeared as if he a blind spot on an otherwise well should be. However, the notion, was not willing to relinquish power. constituted team.

205 EISA Election update south africa 2009 no 9

The role of international observ- governmental organisations. All to blame. In this connection I would ers does not differ substantially protocols were observed before recommend that some education from that of domestic observers. The their accreditation and subsequent and training should be provided to mission is the same but the reports commencement. They submitted them, and they should remain un- and outcomes are intended for use reports at the end of the election, der strict supervision at all times. by the mother bodies; for example, and these reports were without Another phenomenon that has EISA, SACC, SADC, AU and EU. exception positive. However, to be curbed pertains to some in- Each has its own mandate and section 24A of the Electoral Act was dividuals, either aligned to certain agenda. For example, an institution a bone of contention. It provides parties or not, providing ‘free’ food may want to use the credibility and that a person whose name does and drinks to voters, and playing legitimacy of the election results to not appear on the voters’ roll for a music loudly next to the voting determine if it should grant a loan voting district and who applied for stations. This practice could influ- or donor aid to a government. It is registration as a voter before the ence prospective voters, especially therefore prudent to have independ- date the election was proclaimed in areas where there is a chronic ent observers attesting to the elec- may submit to the presiding officer shortage of food. The vulnerable tion as free and fair. This is a loaded relevant documentation that would people might easily be abused expression that can ruin or build a enable him/her to vote at that and manipulated. Deliberate mis­ government. As it is the case in any station. If the presiding officer is information was also reported and leadership contest, the legitimacy satisfied that the applicant meets all this could not be easily discerned, of the process is as important as its the requirements, (s) he must make especially by non-activists and semi outcome and vice versa. an endorsement to that effect. The literate people. Their strategy is International observers play import of that endorsement is that understandable in that they would a similar role. They ensure that the person would be allowed to vote not want to miss out on those votes elections run smoothly and report in the specified station requested, that people would have given them on the process to their respective for the purpose of election for the were it not for the long queues. governments and organisations. national assembly, and also for An observation made by a senior As a matter of fact, the presence the purposes of the election for manager in the provincial IEC office of international observers tends the provincial legislature if that is that, the observer missions were to give credibility to the election, person had applied for registration smaller than in the past and that it even before the commencement of in the province where the voting appeared that journalists covering the process. This is informed in the station is situated. Local observers the polling process in Limpopo main, by the fact that rogue govern- recommended very strongly that it were few and seemed uninterested ments never allow international should be reviewed. The provincial in the overall proceedings, and election observers on their shores. IEC officers also conceded as focused on a few isolated negative They seldom play the game by the much. incidents. The IEC official’s conten- rules, and are therefore afraid of be- The argument is that it nega- tion was that the province appeared ing exposed, and having to contend tively affects their planning and less exciting, especially for those with the consequences thereof. the distribution of election material. who were searching for sensational It is important that election Their argument is that the resources stories. Both journalists and observ- observers be seen as independent were adequate for each voting sta- ers appeared less enthusiastic in of the states that nominate and tion but political parties would ferry Limpopo province than it was the sponsor their missions. It is equally voters from one station to another case in the past. important that the government that in search of shorter queues. is conducting the elections demon- The problems were exacerbated Electoral reform strates confidence and trust in the further by the fact that in some Several issues could be considered observer missions. It is recorded in instances where queues were long, in order to improve on the election history that some observer missions people migrated to other voting sta- process as a whole, inter alia, voter tend to act ultra vires; pursuing tions where they were short only to education, and electoral system, an agenda inimical to the spirit of find that they were not catered for service delivery on the day of the observer missions. in terms of stationery, that is, ballot election, observer missions, election boxes and papers. Personnel, espe- material distribution and media Election observation cially for the disabled and illiterate, coverage. and monitoring in became inadequate. There was also The South African society is to a Limpopo some interference with processes as large extent semi-literate, especially The observation and monitoring political parties and party agents in the countryside. It is therefore processes proceeded well in indirectly fought to advantage those imperative that voter education Limpopo Province. Missions perceived to be aligned to them. in such areas should start early came from the SADC and non- Queue marshals in particular were and be intensified. It would also

206 EISA Election update south africa 2009 no 9 require some innovation in order to itself well during the election. How- most importantly, the officials optimise the gains. The engagement ever, there are persistent areas of were always ready to receive of traditional as well as community concern that need to be addressed. information and tip-offs and they leaders would supplement the For example, the voters’ roll gives a dealt with them promptly and effort of the IEC officers. good sense of the type and number transparently. The radio stations The current electoral system has of resources and equipment required came in handy in the rural areas, become anachronistic. There are on the day at a particular polling and in the future, when appropriate clarion calls for its reform. A mixed station. What caused the shortages voter education programmes are system of a constituency election of ballot papers and other materials designed, they certainly would with elements of a proportional experienced in 2009 and how can contribute immensely in deepening representation system is strongly this be mitigated? This area needs an understanding of democratic recommended. It is on record that further research and subsequent activities. The coverage given to cabinet did consider in the past, this workshops with relevant stakehold- all the political parties was less reform and mandated the Minister ers. The greatest challenges are often contentious than was anticipated. of Education, Kader Asmal, to liaise in rural arrears, and such challenges If anything, the public broadcaster with a committee led by Dr Van Zyl are common and therefore a remedy found itself in the public eye for Slabbert. Several political parties or a modification of the modus op- all the wrong reasons. Unfettered have motivated for this reform, erandus might be required. international media coverage with a number of them alluding to Media coverage in the previous lent sufficient legitimacy to the this in the manifesto and election election was commendable. In electoral process and the same campaigns. the province there were regular conditions should be maintained if On the whole the IEC acquitted briefings by IEC officials, and not improved in the future. north west

Bernard K Mbenga – North-West University

Analysis of the pattern provincial votes. However, COPE be attributed to the following two and trends of vote did very well, given the fact that related factors: (a) poor, or lack of, results for 1994, 1999, it was/is only a political novice service delivery of basic services by 2004 and 2009 and that it had very little time to municipalities to poor communities, Looking at the regional summary campaign for the election. as shown by the persistent and often of the national election results However, the ANC’s majority violent service delivery protests in of the 1994, 1999, 2004 and 2009 votes in the North-West Province areas such as, for example, Lehu- election results in the North-West have been reduced steadily (see rutshe/Motsweding near Zeerust; Province, we can discern certain Table 1), albeit only slightly (except (b) worsening levels of corruption developments in terms of change as for 2004 when it went up by only and embezzlement of public funds well as discontinuity on a number 1.31 per cent), from 83 per cent in within the provincial government, a of fronts, from which we can draw 1994, to 80.52 per cent in 1999, 81.83 matter that is frequently reported in some conclusions and informed per cent in 2004 and 72.89 per cent. all the provincial media. This factor, assumptions, some of which are In other words, over the 15-year for example, has resulted in infra- clear and obvious, but others not. period since it came to power, the structure (rural roads and bridges, The most obvious is the fact that the ANC has lost 10.11 per cent of its for example) in far-flung areas of African National Congress (ANC) popularity. This reduction in votes the province (such as Taung) being still retains its leading majority in may seem small, but the decline is, in a state of disrepair and neglect. the province by far, in terms of the nevertheless, significant, as is the As government tenders are grossly votes received by any political party fact that the decline is fairly steady inflated, money intended for the by the year 2009. As can be seen and consistent – the 2004 result building of infrastructure goes into from the Table 1, its closest rival, notwithstanding. Clearly, this is the pockets of corrupt senior gov- the newcomer on the provincial indicative of a loss of popularity of ernment officials and incompetent political scene, COPE, lags behind the ANC in the province. service providers who fail to meet by a really wide margin, with a The ANC decline in popularity their contractual obligations. The very meagre 8.33 per cent of all the is perhaps not surprising and can fact that the culprits are generally

207 EISA Election update south africa 2009 no 9

Table 1: Distribution of votes: 1994, 1999, 2004 & 2009 elections

1994 1999 2004 2009 PARTY No. of % No. of % No. of %a No. of % NAME Votes Votes Votes Votes PAC 24 233 1.52 8 878 0.67 10 428 0.79 2 831 0.26 SOCCER 959 0.06 – – – – – – KISS 548 0.03 – – 349 0.03 – – VFPlus/FF 49 175 3.09 15 106 1.15 15 029 1.14 8 426 2.49 WRPP 568 0.03 – – – – – – WLP 331 0.02 – – – – – – XPP 578 0.03 – – – – – – AMP 1 386 0.08 – – – – – – ACDP 3 901 0.24 11 774 0.90 14 503 1.10 2 339 0.69 ADM 701 0.04 – – – – – – AMCP 3 244 0.20 – – – – – – ANC 1 325 559 83.00 1 052 895 80.52 1 083 254 81.83 244 205 72.13 DP 5 826 0.36 48 665 3.72 – – – – DPSA 2 088 0.13 – – – – – – FP 500 0.03 – – – – – – LUSAP 252 0.01 – – – – – – MF 772 0.04 – – 271 0.02 – – NNP 160 479 10.10 31 072 2.37 5 687 0.43 – – IFP 7 155 0.45 5 929 0.45 3 827 0.29 1 619 0.15 AEB – – 6 130 0.46 – – – – AZAPO – – 1 426 0.10 3 624 0.27 2 712 0.25 FA – – 7 376 0.56 – – – – GPGP – – 320 0.02 – – – – SOPA – – 750 0.05 1 307 0.10 – – UCDP – – 97 755 7.47 86 476 6.53 56 678 5.27 UDM – – 18 574 1.42 14 274 1.08 5 467 0.51 AITUP – – 520 0.03 – – – – EMSA – – – – 1 158 0.09 – – TOP – – 595 0.48 595 0.04 – – CDP – – – – 927 0.07 – – FD – – – – 6 645 0.50 – – NA – – – – 1 194 0.09 – – PJC – – – – 719 0.05 – – MDP – – – – – – 4 432 0.41 APC – – – – – – 3 116 0.29 SAPP – – – – – – 1 832 0.17 ACA – – – – – – 1 750 0.16 NADECO – – – – – – 978 0.09 ID – – – – 6 645 0.50 1 873 0.55 DA – – – – 72 444 5.47 88 728 8.25 COPE – – – – – – 89.573 8.33 UF 753 0.06 – – NLP – – – – 297 0.02 – –

208 EISA Election update south africa 2009 no 9 never brought to account for their parties from previous elections, Certified voters’ roll deeds, of course, compounds the such as UF, SOPA, TOP, EMSA, for the North-West problem and hence the consequent and KISS, for example, did not Province: Gender break- public perception that nobody cares. participate in the province in April down, 20 February 2009 Thus, retarded development leads 2009. Of the ‘original’ 19 parties that Table 2 shows that the number of to communities being angry with had participated in the April 1994 female voters was greater, although the government for its inability to elections in the province, 10 seem to not considerably, than that of males. provide the promised and expected have ‘fallen by the wayside’ as they Thus, female voters are clearly an development goals for them. Con- have not participated in any election important constituency for politi- sequently, communities translate in the province since. A possible cal parties. A few implications arise their anger and frustration into explanation for this is that because from this. It suggests that, from the protests, which often turn violent, of their very poor performance in point of view of the political parties, and during the elections, turn such the first democratic election, they issues affecting women in particu- anger into the ‘no’ vote. Given the would have been too discouraged lar, such as, for example, women trend of voting for the ANC which to continue. abuse, must be taken more seriously we can see in the above table, and The UCDP in the province, like if they (political parties) are to influ- given the current scenario of the the ANC, shows a downward trend. ence the female vote even more in public perception that the govern- This could be attributed to, among future elections. ment is doing too little or nothing other reasons, the UCDP’s aging to stem corruption and fraud in the leadership that does not seem to POST-ELECTION FALLOUT public service, we can safely assume come up with any new ideas that Disunity and acrimony still a continuing decline in votes for the could appeal to the young voters in dogging the North-West Province ANC – unless, of course, drastic the province. Instead, UCDP tends The acrimony, disunity and squab- nation-wide action is taken by gov- to continually reiterate the errors bling that have characterised the ernment to ‘stem the tide.’ of the ANC on public platforms, pre- and post-election periods still Following a survey by the Hu- rather than suggest more viable continue to dog the ANC in three man Sciences Research Council political programmes. The future of of the provincial executive commit- (HSRC) regarding voter participa- the UCDP does not seem bright, un- tees in the country. This situation tion conducted throughout the less it comes up with a new agenda has been described ‘problematic’ whole country in 2008, it was and novel ideas based upon current at the highest level of leadership of established that 53 per cent of the issues, such as, for example, social the ANC. One of such provinces is interviewees in the North-West responses to youth problems, like the North-West (the others being Province expressed the view that: HIV/AIDS. the Eastern Cape and the Western ‘The party that I voted for did not protect my interests.’ The response of 53 per cent was in fact the highest Table 2: Gender breakdown, 20 February 2009 of all the numbers of respondents Female % of Male % of Total % of interviewed in all the other prov- the the Total inces of South Africa (‘Results of Age Age the 2008 Voter Participation Survey Band Band Commissioned by the IEC,’ HSRC, North- 858,354 51.78% 799,190 48.22% 1,657,544 7.15% 2 February 2009, p. 34.) The impli- West cation of this response is that the Province results of the next presidential and general elections could possibly go dramatically lower. As the the table shows, the major political players in the province Table 3: Voters’ roll compared: 1999, 2004 and 2009 as at the April 2009 elections, in Voters’ Voters’ Voters’ % Increase descending order of popularity, Roll Roll Roll Since were: the ANC, COPE, DA, UCDP, 1999 2004 2009 1999 FF Plus, ACDP, UDM, ID, MDP, North- 1, 527, 672 1, 749, 529 1, 657, 544 8.50% APC, PAC, AZAPO, SAPP, ACA, IFP, West NADECO. It should be noted that Province the 2009 elections had newcomers on the political scene, such as COPE NB: The increases in this Table represent the combined effect of additions to, for example, the (about which I comment below) and voters’ roll, as well as the movement of voters between provinces due to re-registration, which NADECO, while some very small affects the provincial distribution.

209 EISA Election update south africa 2009 no 9

Cape). The situation about this mat- the Umkhonto we Sizwe Veterans’ find some solution to the impasse. ter is considered by the National Association (MKVA) and other The police, however, state that they Executive Committee (NEC) of the alliance members were reportedly did not arrest Seaketso for any rea- ANC to be so troubling that ‘this holding a rival meeting in another son other than the fact that together weekend the ANC national execu- venue nearby in the same town. with the other eighteen, they were tive committee said it would send Mahumapelo is also reported as breaking the law (as noted above). members of its national working saying that he would continue Moreover, the police claim that they committee to Eastern Cape, North to make efforts to bring about did not target Seaketso for arrest West and Western Cape to look into political unity in the province alone, but as part of a larger group. problems dogging the party in those (SABC, Mmabatho Studios, 11:00 Seaketso counters this by saying provinces.’ hrs news broadcast, Sunday, 7 June that he was arrested at the Samwu The decision by President Jacob 2009). offices in Mafikeng, which is more Zuma to move the former premier than a kilometre from Mmabatho of the province, Edna Molewa, to a Pre- and post-election acrimony – where police claim he was ar- ministerial position (Social Devel- continues rested. Another Cosatu official, who opment) at national level has not The provincial secretary of the works in the Moses Kotane Local helped matters, as the problems of South African National Civic Or- Municipality, Madito waga Mole- power struggles with their conse- ganisation (Sanco) for North-West, balwa, wrote a letter to ‘City Press,’ quences of disunity and bickering Packet Seaketso, is to appear in in which he said: ‘Yes, indeed, we are still there. Calls for the dis­ the Mafikeng Magistrates Court are calling for the sacking of Gwede solution of the Provincial Executive to answer ‘charges of contempt of Mantashe as he has an interest in Committee (PEC) have not been court and public violence.’ Seaketso the matters of North West and he is heeded by the NEC. As the ANC and eighteen members of the South biased in favour of this corrupt and spokesperson for the ANC in the African Municipal Workers’ Union self-imposed PEC.’ province, Oupa Matla, has stated, (Samwu) were arrested by Mafikeng Molebalwa also makes the claim ‘… the problems in the province do police a week ago ‘for littering, that just before the elections ‘the so- not yet warrant a dissolution of its burning tyres and contravening a called provincial secretary (Supra PEC.’ In Matla’s opinion, however: court order during a service deliv- Mahumapelo) handed a resigna- ‘The main problem we have [i.e. in ery strike at the municipal offices in tion letter to Mantashe but because North-West] is ill-discipline among Mmabatho.’ of him having an interest in issues those who did not make it to the list’ Seaketso’s own interpretation of this province Manshe prevented (Zulike Majova, ‘Unity eludes ANC of what has happened to him, him from leaving and never handed in provinces,’ The Sowetan, Monday, however, is that ‘the arrests were the letter to the leadership of the 1 June, 2009, p. 4). part of a ploy to punish him fol­ ANC’. lowing comments he made about Cosatu, Sanco and some struc- ANC meeting disrupted in ANC secretary-general Gwede tures of the ANC are insisting that Klerksdorp Mantashe a fortnight ago.’ At the the PEC must be disbanded. They An ANC meeting on Saturday, 6 June time, Seaketso and Samwu general further accuse it of being sympa- 2009, convened and presided over secretary, Jacob Modimoeng, had thetic to the Congress of the People by the ANC provincial secretary, called for Mantashe to resign his (COPE). Meanwhile, the NEC of the Supra Mahumapelo, in Klerksdorp position, accusing him of bias and ANC has commissioned report on was disrupted by ‘disgruntled’ siding with the provincial executive the situation in the province (just members of the ANC who alleged committee (PEC), which, they allege, as it has in the Western Cape and that the meeting was illegal as it is ‘fraudulent.’ The purpose of the Eastern Cape.) Commenting on this was convened by an illegitimate arrests is, in the view of Seaketso, unfolding saga, Mantashe is quoted Provincial Executive Committee. ‘to silence me.’ He insisted: ‘We still as saying that, following a recent This is, in fact, a continuation of the stand by the statements that Gwede NEC meeting, it has been decided on-going disunity and acrimony must go and we are not apologetic that ‘we must do a proper revision, that has dogged the ANC leadership and not prepared to withdraw the get a proper report, analyse the in the province prior to, and since, statement.’ report and take proper decisions’ the recent general and presidential Earlier in the week, another (George Matlala, ‘Mantashe ac- election. The disgruntled group unnamed Cosatu leader in the cuser arrested,’ City Press, 7 June accused the Secretary-General of the province repeated the call for Man- 2009, p. 4). ANC, Gwede Mantashe, of having tashe to be sacked. Nevertheless, ‘endorsed’ the PEC, which is, they Seaketso, reported that the national Infighting, divisions and bad blood continue to claim, an ‘illegitimate’ executive of Sanco was in the proc- The local provincial newspaper, body, and which they do not ess of engaging with the national The Mail, has published a detailed recognise. Unnamed members of executive of the ANC in order to comment about ‘unresolved is-

210 EISA Election update south africa 2009 no 9 sues resulting from past provincial column. As the protesting group has undertaken to resolve the elections causing divisions within continues to be ignored and vilified, problems of infighting within the ANC leadership structures in three so the divisions and tensions in the movement. To this end, the PEC has provinces, of which the North West province will continue to grow. established what it terms a ‘unity is one.’ The paper notes that the Lastly, the paper states that, with programme’ which is intended to current problems, ‘tensions’ as the the elections and their pressures bring about unity amongst all the paper terms them, within the ANC’s now in the past, ‘it is now incum- alliance partners. Through this provincial leadership ‘intensified bent on both the NWC and the NEC programme, whose details have just before the provincial conference to apply their minds properly to not been spelt out to the public, at Sun City where some branches the issues that led to the [current] all the alliance partners will, it is complained about being left out of impasse in the first place and indeed intended, be ‘impassively involved the proceedings and that the elec- analyse the reports ‘better’ and take in its implementation.’ This strategy tions were rigged ….’ Following ‘proper decisions.’ Such decisions was decided upon during the the elections of that conference, might be unpopular, but equally PEC meeting which was held in those who were left out called for important, if not more crucial, is the Potchefstroom last week. At the the dissolution of the PEC which need to resolve the matter (based on same meeting, all members (of the was its product and which, they the opinion ‘Comment’ column in ANC, or all alliance partners?) and argued, had been forced upon them. The Mail, 5 June 2009, p. 4). leaders in the province were called Subsequently, the ANC President upon to be ‘open minded’ when visited the province in order to ‘Taxi Time’ newspaper comment on dealing with criticism, to accept each address these and other concerns. ANC leadership wrangles other and to be tolerant of the errors Yet the media was told at the time This grass-roots community of one another. All ANC cadres that there were no divisions in the tabloid bemoans the ‘fissures and were urged to be respectful to one organisation. polarisation’ that has beset the another, accept elected structures Just before the election, the ANC leader­ship in the province, and leadership, accept constructive ANC NEC deployed a team of ‘all because some still believe that criticism and to be disciplined. senior ANC officials Luthuli House 2008 Provincial Conference in Sun Without giving details, the PEC headed by Lumka Yengeni to the City was so fraudulent that they spoke against what it called ‘back province ‘to smooth out the differ- cannot tolerate it another day.’ The stabbing’ amongst alliance partners. ences ’ in order to forge unity in paper calls for unity, and people to Despite that, however, the PEC readiness for the coming elections.’ ‘let by-gones be by-gones.’ Without would not lose focus of implement- Clearly, none of this seems to have specifying how, the paper appeals ing ANC programmes of building a worked. Also clear is the fact that to the warring groups to deal with ‘resonant structure, improving on proper attention was not given to their differences ‘in a dignified matters of governance and resolv- the grievances of the dissenting manner without officials washing ing internal disputes amicably and group(s) who continued to label their linen in public,’ which would silently.’ Critical issues that needed the PEC as ‘illegitimate.’ Instead, ‘bring disunity and fan acrimony ‘practical implementation’ were they called, and continue to call, for and hate.’ The paper blames the outlined. But such ‘issues,’ which ‘new all-inclusive re-elections to be leaders for the squabbles and appeals were not specified, required engage- held.’ On the other hand, the NEC to all to bury their differences and ment with other key role players in continued to believe that there were forge ahead with development. the province. Apparently referring no sound reasons why there should This paper, however, appears to to the disgruntled group that is call- be new elections. take sides with the dissenters. In a ing for the disbanding of the PEC, But, as the paper further points thinly veiled criticism of the group the meeting agreed to ‘grant a sec- out, the fact that now the ANC Sec- opposed to the present PEC, the ond chance to comrades that have retary-General, Gwede Mantashe, paper states as follows: ‘It is over acted in contravention with [sic] the belatedly realises the need for ‘not a year now but the same subject principles of the organisation [i.e. just taking a decision on the basis of of the PEC keeps resurfacing. Is ANC] so they could be re-instated reports,’ as the NEC did in the past it out of goodwill or it is part of a to political participation within the but now, instead, ‘on the basis of en- thinly veiled sinister agenda to foist ANC.’ The PEC, took exception to gagements with the structures in the losers on the people’ (‘Taxi Time’, what they called ‘extreme criminal provinces’ is a strong indication that Comment, p. 2.). cases’ which they would not tolerate proper and genuine consultation and which they would hand over to had not occurred in the first place. ‘ANC PEC calls for unity’ the National Disciplinary Commit- ‘Or were they deliberately ignor- Through its Provincial Executive tee (‘ANC PEC calls for unity,’ The ing the concerns of the protesting Council (PEC), the ANC leadership Mafikeng Mail, formerly simply The group,’ asks The Mail in its opinion in the North-West Province Mail, of 12 June 2009, p. 5).

211 EISA Election update south africa 2009 no 9

WESTERN CAPE

John Akokpari – University of Cape Town

This report analyses the election public about issues relating to the sign a Code of Conduct. The Code observation and monitoring in polls; the party candidates and their obligated political parties to run the Western Cape. In doing so it agents, who showed maturity and ‘clean’ campaigns by refraining focuses on certain benchmarks, who conducted their electioneering from violence, defamation and including campaigning, turnout, campaigns in a professional intimidation in terms of the results, and the electoral system as manner; and the election observers Electoral Act. a whole. In retrospect, the national – both local and international – who Although name and character elections of 22 April 2009 were helped to ensure the credibility of snagging abated, this raised its largely a success in the Western the elections. ugly head again in the two weeks Cape. The pre-election skirmishes, preceding the election. During these especially between supporters of Campaigning days, Helen Zille, the DA leader, COPE and the ANC which created Campaigning by political parties ran an aggressive campaign to stop a pessimistic scenario of violence, began long before the announce- Zuma from becoming president. This never really materialised. ment of the election date in Febru- approach, aptly dubbed the ‘Stop On the whole the polls were ary. The ANC, for example, began Zuma’ campaign, was reminiscent conducted in an atmosphere of its campaign from Polokwane in of the initial determination of the peace, while the electoral process, November 2007 with the election ANC to suppress COPE. The DA according to both domestic and of its new leadership. The party intensified its anti-Zuma rhetoric international observers, was free, not only outlined its priorities but when corruption charges against fair and transparent. The practical also reaffirmed its determination the ANC leader were dropped by attestation of this observation was to retain its overwhelming majority the National Prosecuting Authority the ready acceptance of the electoral in the National Assembly. Develop- (NPA) on 6 April, just two weeks outcome by all political parties. ments after Polokwane sent signals before the polls. Some observers, Generally the election brought to other parties to begin their cam- however, criticised Zille’s anti-Zuma along few surprises, in large part paign processes. However, the ANC campaign as being too personal and confirming the thinking of the and the leading parties pushed their contravening the IEC’s Code of electorate. The ANC’s dwindling campaigns into full gear only with Conduct, while others predicted fortunes in the Cape were confirmed the birth of COPE in mid-December that it would cost the DA votes. by its loss of ground in comparison 2008. The ANC, in particular felt However, the DA’s resounding to its achievement in the 2004 polls. threatened, as leading members of victory in the Cape would seem to The DA’s growing popularity was the ANC, especially at provincial suggest that although the tactic was underscored by its winning of a levels, openly defected to the newly negative it yielded positive results majority, a feat unprecedented in the formed party. for the party. history of the province since 1994. These defections and the deter­ While the DA’s campaign was However, one of the most min­ation of the ANC to create gaining momentum, that of COPE significant aspects of the election an image of itself as a party still appeared to be slowing down. Some was the tranquil and peaceful in control, led to various forms suggested that this was due partly environ­ment that attended its of skirmishes between COPE to the party’s lack of resources and conduct. This, in turn, was and the ANC. The ANC used partly to the presentation of Alan attribut­able to a number of various methods to undermine Boesak as the party’s candidate for factors, including the national COPE, including holding mass premiership. Proponents of this and provincial IE efficiency and rallies close to COPE meetings, view argued that going for Alan effectiveness, which explained harassment of known activists of Boesak, who was convicted of fraud the electoral process and put in COPE, and subjecting its leaders but later cleared, compromised the place the required infrastructure to to various names – cockroaches, party’s anti-corruption stance. Upon ensure the smooth conduct of the rats, snakes and opportunists. its founding, COPE committed itself polls; the security personnel who For the first time since 1994, the to maintaining high moral stand- expeditiously attended to, and electioneering campaign process ards and many observers felt this mitigated, all threats of violence; the was assuming an ugly dimension, was a crucial characteristic that set media, which was unrelenting in compelling the IEC to gather all the new party apart from the ANC. educating and updating the voting party leaders on 11 March 2008 to Although Alan Boesak focused

212 EISA Election update south africa 2009 no 9 his campaign on moral integrity, those who opposed the idea of him Its 7.74 per cent vote was thus seen service delivery and the stemming becoming the next president. Helen as disappointing. However, some of crime, among other things, the Zille’s ‘Stop Zuma’ campaign in feel that the percentage was a dismal performance of COPE in large measure reflected the thinking commendable achievement given the polls clearly showed that vot- of the latter camp. The question of the hostile political environment ers in the Western Cape considered poor service delivery was no doubt within which the party was born. other factors beyond politicians’ an additional factor in creating They argue further that it was declaration of intent. While no sys- greater interest in the election. The too much to expect a breakaway tematic study exists on the factors ANC-led coalition government party to completely overwhelm a influencing electorate’s choices of failed to meet the expectations of mother party in such a short span of candidates, it can be inferred from the province. Promises of houses time. Notwithstanding this debate, COPE’s performance in the Western remained unfulfilled, while the it is clear that the tenacity and Cape that the moral credentials and provincial government failed to longevity of COPE will be tested previous track record of politicians stem crime, violence, and insecurity. in subsequent elections. The ID do play a role. In addition, the ANC failed to performed well below expectation, effectively address fractures that raising fresh questions about its Turnout had emerged within its camp, survival as an independent party The turnout of the elections was neither was it able or even willing in the province. phenomenal. The province re­ to confront the realities of the corded a 77.78 per cent voter turn- different racial demographics in the Electoral process out, almost 5 per cent more than the province. The logical feeling among The entire electoral process – turnout in 2004. At the same time, the electorate was one of betrayal from registration of voters to the the number of registered voters for by the ANC. The unguarded and announcement of results – has been the 2009 elections increased by more often bombastic utterances of successful. At the conclusion of the than 427,000 over the registered Julius Malema, the ANC Youth registration process in February the figure of 1,621,839 in 2004. Why was Leader, may have incensed a section Western Cape recorded increased the turnout high or at least bigger of the youth who felt that their voter numbers. The process was than what occurred in 2004? While organisation was being led by ill- almost vitiated by a few hitches studies are yet to be done to explain disciplined individuals. Some young in the form of shortages of ballot the trend, there can be no doubt people may have thus registered to papers and boxes at certain voting that a number of factors played a vote against the ANC. stations on polling day. These role in whipping up enthusiasm in problems were swiftly attended the elections. Notable among these Results to by IEC officials. In the end, the were developments in Polokwane In large measure the results in the shortages did not affect the outcome and the subsequent recall of Thabo province reflected the mood of the of the polls. In the same way, Mbeki as president of the country. voters. The DA enjoyed increased voting proceeded smoothly. Voters The recall of Mbeki polarised the support, reflected in the party’s conducted themselves maturely and ANC and found expression with polling of more than 50 per cent of the presence of security personnel the formation of COPE. the total votes cast. The ANC on at every voting station played a key The founders of COPE were the other hand lost votes – from role promoting an air of peace and all leading members of the ANC 46.28 per cent in 2004 to 31.55 per stability, which is crucial to a sound, who were either dissatisfied with cent in 2009. The lost votes went free and fair electoral process. The the unceremonious recall of Mbeki largely to the DA and COPE. Many security personnel also played a or with the perceived politics of felt COPE performed slightly below role in averting potential threats of division and exclusion followed expectation and did not seem to violence. The secrecy of the ballot by the new leadership of the ANC. have profited substantially from the inspired confidence in the process. COPE came to be perceived as a unpopularity of the ANC. Although The counting process went off major rival political party to the it obtained 7.74 per cent of votes without incident. Party agents were ANC. The competition between the this was seen by some observers as satisfied with the process, which on two parties may have contributed to paltry. In retrospect, it can be seen the whole conformed to procedures the increased public interest in the that COPE excited considerable contained in the election code. election. Another factor may have hope upon its formation. At a time related to doubts about Zuma’s of rising political temperature Observation and presidency. Having entered the and exposure of the failures of monitoring campaign fray with corruption the ANC and previous provincial The success of the election process charges hanging over him, the administrations, there was great was, to a large extent, attributed elections became a contest between expectation that the party would do to the observation and monitoring those who favoured Zuma and well to serve as the new alternative. process. The elections were observed

213 EISA Election update south africa 2009 no 9 officially by both domestic and Many of the observer teams monitoring involved keeping an foreign missions and organisations. concentrated on the KZN eye on the election process from The domestic observers numbered province, where violence flared up its inception to the declaration of over 4,900 and included various intermittently between supporters results. The objective was to remedy NGOs and think tanks. of the ANC and IFP in the few defects once spotted, through early Notable among the domestic weeks preceding the elections. warning systems in order to ensure observers were EISA and the Africa Nevertheless, some of the local the credibility of the process. The Centre for Constructive Resolution observers, including representatives responsibility of the IEC in this of Disputes (ACCORD). of EISA and ACCORD, were in the regard was to ensure that adequate The international observers Western Cape. While noting a few resources, facilities and logistics were equally numerous and hitches, the observers on the whole were put in place for the election. included teams or representatives expressed satisfaction with the In the end, all stakeholders – from the West African Network electoral process, which was largely political parties, candidates, the for Peace building – WANEP, a free, fair and transparent. electorate, security officers, election network with over 450 member Election observation in the observers, the media and party organisations; the Commonwealth; Cape was complemented by the agents – all deserved commendation the African Union; SADC; the monitoring process undertaken for their various contributions in European Union; and the Nairobi- by the provincial IEC headed by making a potentially trouble-prone based Peace Initiative (NPI). Rev. Courtney Sampson. Election election safe, fair and free.

214 EISA Election update south africa 2009 Index

INDEX

Given that the political parties are mentioned throughout the text, they have not been individually indexed. The context in which they appear should be accessed through the subject term listed in the index.

Abahlali Base Mjondolo 55-56 130; Free State 132; Gauteng 135; de Lille, Patricia 5, 27, 93-94, 100, 113, ACCORD 124, 158, 203, 214 KZN 137-138; Limpopo 142; 144-145, 189 Action for a Safe South Africa 50, 197 Western Cape 144 delimitation, Western Cape 64-65 Adefuye, Ade 201 Cape Economic Development Deloitte and Touche 70 African Alliance for Peace 158, 172, Corporation See: ECDC Democracy Development Programme 197, 200-201 Cele, Sthembiso 82 See: DDP African Centre for the Constructive Centre for Conflict Resolution 197 democracy status 8, 13-15 Resolution of Disputes See: civil society organisations, Eastern Desai, Mohammed 93-94 ACCORD Cape 46; Free State 48; Gauteng Dexter, Phillip 81 African Union 141, 146, 150, 155, 161, 49-50; KZN 55-56; Limpopo 57; Dlada, Stanley 186 193, 197, 200-201, 205-206, 214 Mpumalanga 60; Northern Cape domestic election observers See: Afrobarometer survey 109 63; Western Cape 65 observer missions Algoa FM 47 Cjiekella, Grizelda 63 Droop Formula 54 All Africa Conference of Churches Cloete, Sampie 64, 94 du Toit, Nately 63 158 Co-operative of Research and Alternative Dispute Resolution 52 Education 197 Eastern Cape 45-47, 68-71, 116-117, 130- ANC Youth League 11, 65, 81-82, 105- Code of Conduct See: Electoral 132, 148-150, 163-165, 175-177 106, 161, 213 Code of Conduct Eastern Cape NGO Coalition See: Asmal, Kader 207 Coetzee, Ryan 28 ECNGOC Association of African Electoral COMBOCO 55, 169, 172, 200, 202 ECDC 70 Authorities 197, 200 Commonwealth 155, 161, 197, 214 ECNGOC 46 Conflict Management Committees Ehrenreich, Tony 65, 96 Bailey, Peter 63 104, 192, 195 EISA 1-2, 48, 50, 52, 109, 141, 146, 150, ballot secrecy 116, 118-119, 121, 126- Constitution of the Republic of 157-158, 169, 172, 196-198, 200-203, 129, 134, 213 South Africa Act (1996) 4, 16-18, 206, 214 Bam, Brigalia 10, 51, 103-104, 106, 195 118, 139, 184, 191; Amendments election date 65-66 Bekebeke, Justice 63, 93 15 election environment 8-9 Bill of Rights 58 Constitutional Court 17, 52 Election Monitoring Network 124, 197, Bird, William 139-140 COPE, post-election prospects 25; 200 Black Sash 50, 131, 198 COPE/ANC contest 21-25 election monitoring See: observer Block, John 63, 93-94 COPE/DA relationship 28-29 See missions Boesak, Alan 93, 98, 114, 144, 212 also: scattered entries election preparedness, Eastern Cape Boshoff, Carel Willem Hendrik 94 corruption 27, 81, 212 45-46; Free State 47-48; Gauteng 49; Botes, Alvin 63 COSATU 56, 61, 65, 75, 105, 167, 210 KZN 56, 124-125; Limpopo 56-57; Botha, P.W. 4 counting process, Eastern Cape 163; Mpumalanga 59; North West 143; Botha, Sandra 30, 103 Free State 165-166; Gauteng 167; Northern Cape 62-63, 92; Western Botha, Thozamile 79 KZN 168-170; Western Cape Cape 64-65 Botman, Russell 114 173, 213 election results See: results Broadcasting Act (1999) 139 Cronje, Ina 186 elections, democratic consolidation tool Brown, Lynne 96 108-109, 111-112 Business Unity South Africa 131 Dahl, Robert A. 27 elections (1994) 3-4, 88 Buthelezi, Mangosuthu 3-4, 38, 54, 83, Dalai Lama 123, 188 elections (1999) 4-5, 8 137-138, 172, 185 Dandala, Mvume 27, 38, 78-79, 82, elections (2004) 5, 8, 71-72, 75-76, 80, 92, by-elections, Northern Cape 62-63 102, 105 95-96 campaigns See: political party DDP 55, 197 Electoral Act (1998) 9, 18, 49, 51-52, 60- campaigns de Haas, Mary 54, 140, 157 61, 90, 104-106, 115, 126-127, 132, candidate nomination See: party lists de Klerk, Frits 120 134-135, 138-139, 141, 167, 171-174, candidate polling role, Eastern Cape de Klerk, F.W. 3-4 187, 194, 196, 199, 205, 212

215 EISA Election update south africa 2009 Index

Electoral Code of Conduct 9, 18, 45, 135-136, 155-156, 167-168, 181-183, 125, 137-140, 156-158, 168-172, 49, 51, 54-55, 101, 103, 108, 110, 195-198 184-187, 199-204 112, 114, 133, 135, 137; observers Gcabashe, Lungi 84 KwaZulu-Natal CBO Coalition See: 139, 196, 199; political parties 106; gender issues 35-41, 63; Free State COMBOCO Eastern Cape 103-104; Free State 132-133; Gauteng 135; KZN 140; KwaZulu-Natal Christian Council 103-104; Gauteng 108; KZN 110; Limpopo 142; quotas 39-40; See: KZNCC Limpopo 112; Western Cape 114, Western Cape 144-145; See also: KwaZulu-Natal Democracy and 212 results; voter registration Elections Forum See: KZNDEF Electoral Commission Act (1996) 18, Gender Links 35, 145, 186 KZNCC 55 47-48, 52, 59, 106, 199 Govender, Maggie 186 KZNDEF 55, 124-125, 169, 197, 200, Electoral Commissions Forum 196, government challenges, Eastern 202, 203 197, 200 Cape 176-177; Free State 180- electoral conflict 10-11; mechanisms, 181; Gauteng 183; KZN 186-187; Lekota, Mosiuoa 6, 11, 27, 30, 38, 78, Eastern Cape 47; Free State 48- Western Cape 190-191 81, 105 49; Gauteng 51-52; KZN 54-55; Government Municipal Structures Leon, Tony 103 Limpopo 57-58; Mpumalanga Act, (1998) 6 Liebenberg, Chris 93-94 61-62; Western Cape 66-67 Grindrod, Simon 93 Limpopo 56-58, 85-87, 111-113, 125- Electoral Court 9, 55, 172 127, 141-142, 158-159, 187-188, electoral framework 16-20, 58-59, 203 Hogan, Barbara 188 205-207 electoral reform 1, 17, 32-34, 184, 187- Holomisa, Bantu 5, 27, 105 local government , elections 6-7; 188, 206-207 Hoo, Sandi Kwon 92 issues 42-44 electoral system 14-15, 19, 32-34, 53- House of Traditional Leaders 103 Lowe-Morna, Colleen 35 54, 119, 207 HSRC survey 83, 109, 122, 209 Electoral Task Team 1, 17, 32-33 Human Rights Commission 83 Mabasa, Lybon 89 electoral trends 6, 30-31 Human Sciences Research Council Mchunu, Senzo 138 electoral violence 9-12, Eastern Cape See: HSRC Mafole, Lyndall Shope- See: Shope- 100-101; Free State 104; Gauteng Huntington, Samuel 53 Mafole, Lyndall 105-107; KZN 110, 123-125; Magashule, Ace 102 Limpopo 113; Western Cape 115, ICASA 19, 136, 139 Makodi, Moss 144 129 IDASA 9, 50, 131, 197 Malebana, M 112 Elklit, Jørgen 8, 10 Identity Document controversy Malema, Julius 11, 21, 38, 41, 63-64, Equality Court 191 (1999) 4 81, 84, 107, 161, 213 eTV 46 IEC See: election preparedness; Mamabolo, Sy 121 European Union 141, 206, 214 Electoral Act; counting process; Mandela, Winnie 94 polling stations; voter education; Mandela, Nelson 3-4, 62, 84, 100 faith-based organisations, voter registration; voting process Mangena, Mosibudi 93 Eastern Cape 48; Limpopo 57; Independent Broadcasting Authority Mangope, Lucas 5 Mpumalanga 60 Act (1993) 18, 199 manifesto development 83, 90, 92-93, Fakir, Ebrahim 140 Independent Communications 96-97 Federation of South African Christian Authority of South Africa See: manifestos, ANC 84, 96; COPE 97; Churches 197 ICASA DA 96-97; development 69-70, 73, Finca, Bongani 45, 148, 150, 164 Independent Electoral Commission 77-78; gender issues 38, 41; IFP First-Past-the-Post 15, 32-33 See: IEC 83; local government issues 42-44’ floor-crossing 5, 15, 54, 99 Independent Violence Monitor 54 reform stance ANC 33; IFP 33 foreign voter missions 28, 52, 129, 160 Institute for Media Analysis 38 Mantashe, Gwede 210-211 Free State 47-49, 71-74, 102-104, 118- intimidation See: electoral violence Manuel, Trevor 168 120, 132-135, 151-154, 165-166, Markdata survey 155 177-181, 192-195 Janielsohn, Roy 103 Marshoff, Beatrice 103 Freedom Charter 90 Jenner, Sakkie 189, 190 Mashatile, Paul 105 Friedman, Steven 123 Jiyane, Ziba 54 Masondo, Amos 105 funding 122-123, 125-126; KZN 123- Joemat-Petterson, Tina 93 Mateta, Nkaro 56-57 124; political parties 111; See Also: Johnson, Lydia 186 Matla, Oupa 210 Public Funding of Represented Justice and Peace Commission 50, 197 Mbeki, Thabo 3, 4, 6, 8, 22, 24, 81-82, Parties Acts; Regulations 96-98, 213 Konrad-Adenauer-Stifting 203 Mbisi, Zanele kaMagwaza Zanele 185 Gasa, Faith 186 Koornhof, Nick 93 Mda, Anele 93 Gauteng 49-53, 104-108, 120-121, KwaZulu-Natal 53-58, 108-111, 122- Mdladlana, Membathisi 96

216 EISA Election update south africa 2009 Index

Media ,Eastern Cape 46-47, 70- Democracy Forum See: NCDEF Limpopo 126; North West 143- 71, 131; Free State 74, 133-134; Nqakula, Charles 124 144; Western Cape 128, 212-213 Gauteng 50-51, 79, 136; KZN Nyerere, Julius 118 Polokwane Conference 8, 185, 212-213 56, 139-140; Limpopo 87, 142; Nzimande, Blade 81 post-election disputes 164-165; Free Mpumalanga 61, 91-92; North Nzuza, Thembi 186 State 166; Gauteng 167-168; KZN West 143; Northern Cape 63; 172; North West 209-211; Western Western Cape 65-66, 146 Obasanjo, Olusegun 140, 162, 205 Cape 174 Media Monitoring Africa 51, 79 observer missions 50, 196-197, PricewaterhouseCoopers 134, 195 Media Monitoring SA 139 199-202, 205-206; Eastern Cape Proportional Representation 14-15, Mepha, Chris 47, 119-120, 133, 152 131-132, 150; Free State 134, 152- 19, 32-34, 119, 207 Meshoe, Kenneth 102 154, 192-195; Gauteng 136, 155, Provincial Liaison Committees 149 Metsi, Kebaakae 143 195-199; KZN 138-139, 157-158; Public Funding of Represented Meyer, Roelf 5 Limpopo 141-142, 206; North West Parties Acts See also: funding; Mkhize, Zweli 137, 186 143; Western Cape 146-147, 161- Regulations Mncwango, Albert 185 162, 213-214 Public Funding of Represented Moadira, Brigadier 104 Odendaal, Lynda 81 Political Parties Act (1997) 18-19 Moakes, Jonathan 145 opinion polls 30; See also: surveys Public Funding of Represented Modimoeng, Jacob 210 opposition politics 5, 8, 21-26; See Political Parties Act (1999) 110, Moepa, Mosotho 103-104 also: political parties concerned 122, 199 Mokonyane, Nomvula 66, 96, 115 Molanthe, Kgalema 11, 66, 81 Pan-African Parliament 146, 193 Quaker Peace Centre 50, 197 Molebalwa, Madito waga 210 party agents, Eastern Cape 131; Free Molewa, Edna 210 State 133-134, 194-195; Gauteng Ramatlakane, Leonard 97 Moloto, Sello 113 135-136, 198; KZN 138; Limpopo Ranney, A. 119 Mompati, Neville 93-94 141, 144; Western Cape 145-146; Rapid Bus Transport system 107 Morna, Colleen Lowe- See: Lowe- Party Liaison Committees 47, 52, 104, Rasool, Ebrahim 66, 96 Morna, Colleen 195 Regulations, Observers 138, 199; Mosery, Mawethu 124, 156, 170 party lists 37-38, 53-54; candidates Party Elections Broadcasts, Motlanthe, Kgalema 96, 171 70, 73-74, 78-79; Limpopo 86-87; Political Advertisements, the Moutse Cross-Border Forum 57 Mpumalanga 90; Northern Cape Equitable Treatment of Political Mpumalanga 58-62, 88-92 93-95; Western Cape 97-98; women Parties by Broadcasting Licensees Mpumlwana, Thoko 103 37-38 and Related Matters 139; Party Mthetwa, Nathi 124 Patel, Ebrahim 96 Liaison Committees (1998) 18; Mulder, Pieter 103 PEMMO Electoral Standards 198 Public Funding of Represented Peters, Dipuo 64 Parties Acts 125; Registration of NADECO 54, 100, 109 Petterson, Tina Joemat- 93 Political Parties (2004) 18 Nairobi Peace Initiative 158, 214 Pitso, Titi 52 results (1994) 88-89 National Community Radio Forum political parties, ANC (1999-2004) results (2009) announcements, See: NCRF 81; ANC/COPE contest 21-25; Eastern Cape 164; Free State 166; National Democratic Convention See: campaigns 9-12, 23, 27-29, 63-64; Gauteng 167-168; Western Cape NADECO dominance 3-5, 13-14, 53; Eastern 174; Eastern Cape 175; Free State National Results Operation Centre Cape 68-69; Free State 71-72; 178-179; Gauteng 182; gender 163, 170-171 funding 110-111; Gauteng 75-76; analysis, Eastern Cape 176; Free National Union of Metal Workers 167 IFP in KZN 82-83; registration State 179-180; Gauteng 181, 183; NCDEF 63 59-60; See also: individual party KZN 186; Limpopo 188; North NCRF 47 concerned; broadcasting; Electoral West 209; Western Cape 190; Ndebele, S’bu 137, 172, 186 Code of Conduct; manifestos; KZN 185; KZN (1994-2009) 204; Ngonyama, Smuts 78, 81 media, party lists Mpumalanga (2004) 89; North Ngoyi, Lilian 133 political party campaigns, Eastern West 207-209; Western Cape 189; Ngqengelele, Lunga 105 Cape 99-100; Free State 102-103; Western Cape (2004-2009) 213 Nissen, Chris 96 Gauteng 104-105; KZN 109-110; results management ,Eastern Cape Nkompela, Monwabisi 94 Limpopo 112; Western Cape 113- 163-164; Free State 166; Gauteng Nkuhlu, Professor 70 114 167; KZN 170-172; Western Cape nomination process See: party lists political violence See: electoral 173-174 North West 143-144, 207-211 violence Results Operations Centres 102, 144, Northern Cape 62-64, 92-95 polling stations 73; Eastern Cape 170 Northern Cape Elections and 116; Gauteng 120-121, 197-198; results patterns Eastern Cape 175-

217 EISA Election update south africa 2009 Index

176; Free State 177-178; Gauteng Sogoni, Mbulelo 47 62; Eastern Cape 45, 69; Free 181; KZN 185-186; Limpopo 188; South Africa Local Government State 72-73; Gauteng 49, 76-77; Western Cape 189-190 Association 103 KwaZulu-Natal 56; KZN 83; Richter, Willem 17 South African Broadcasting Limpopo 89-90; Limpopo (1999- Roji, Vuyo 63 Corporation See: SABC 2004) 86; Northern Cape 64, 93; South African Catholic Bishops’ Western Cape 65, 96, 213; women Saaiman, Pieter 63 Conference See: SACBC 35-36 SABC 46, 51, 71, 91, 104, 115, 123, 142, South African Civil Society Election voter trends 109 164 Coalition See: SACSEC voter turnout (2004) 3, 28-29; SACBC 46, 197 South African Council of Churches voter turnout (2009) , Eastern Cape SACC 50, 63, 131-132, 141, 158, 199, See: SACC 149; Free State 152-153; Gauteng 206 South African Human Rights 155; KZN 156-157; Limpopo 158- SACC (Gauteng) 1 Commission 103 159; Western Cape 160-161, 213 SACC (Western Cape) 50, 197 South African Institute of Race voting behaviour, Eastern Cape 149- SACSEC 1, 46, 49-50, 136, 146, 158, Relations 38, 83 150; Free State 152; Gauteng 155; 169, 197-199 South African Police Service See: SAPS KZN 157; Limpopo 159; Western SADC 35, 141, 146, 150, 155, 157, 161, Southern African Catholic Bishops’ Cape 161 169, 172, 197, 200-201, 203, 205- Conference 50 voting process, Eastern Cape 117, 206, 214 special votes 49 148-149; Free State 119-120, SADC Parliamentary Forum 197, 200 state resources Eastern Cape 101; 151-152; Gauteng 121; KZN 156; SADC Principles and Guidelines 193 Gauteng 107-108; KZN 110-111; Limpopo 127, 159; Western Cape Sakhele, B. 72 Limpopo 112; Western Cape 114- 129, 160, 213 Salim, Salim Ahmed 150, 155, 161, 201 115 voting stations See: polling stations Sampson, Courtney 115, 214 ‘Stop Zuma Campaign’ 213 SANCO 210 surveys 83, 109, 122, 183, 209 See Also: Webster, Eddie 140 SANDF 103-104, 133 specific survey concerned West African Network for Peace 158, SAPS 52-53, 103-104, 107, 124, 133, Suttner, Raymond 13 214 183 Western Cape 64-67, 95-98, 113-115, Saul, Zaaiman 64 Suzman, Helen 4 128-129, 144-147, 160-162, 173- Seaketso, Packet 210 Svensson, P. 8, 10 174, 189-191, 212-214 secrecy of the ballot See: ballot Western Cape Religious Leaders secrecy Thusi, Wesizwe 186 Forum 50, 197 Segalo, Rev 63 TNS surveys 183 women: See: gender issues; results; Selebi, Jackie 112 Tomm, Xoliswa 101 voter registration Senegal Peoples’ Development Topkin, Elkin 63 Women’s Net 140 Institute 197, 200 Trollip, Athol 70 Seremane, Joe 82 Tsie, Balefi 155 Yengeni, Lumka 211 Sexwale, Tokyo 41, 84 Youth 35, Free State 134, Western Shandu, Ellen kaNkosi 186 Umhlobo we Nene 46 Cape 213 Sheburi, Masego 51 United Church of Canada 146, 158 Youth Ambassador Programme 86-87 Shilowa, M. 6, 81, 114 Universal Declaration of Human Shope-Mafole, Lyndall 81 Rights 118-119 Zille, Helen 17, 27-29, 38, 41, 66, 70, Shushu, Norman 63 82, 96-97, 100, 103, 113-114, 144- Sigcau, Mpendulo 177 van Wyk, Francois 64, 93-94 146, 190-191, 212-213 Skwatsha, Mcebisi 114 violence See: electoral violence Zondi, Inkosi Mbongeleni 82 Slabbert, Frederik van Zyl 1, 17, 32- voter education, Eastern Cape 45; Zuma, Jacob 8, 10-11, 27, 31, 35-36, 33, 187, 207 Gauteng 50, 197-198; KZN 55, 125, 38, 41, 54, 63-64, 70, 81-82, 84, social movements KZN 55-56; 203 102-103, 105, 107, 109, 124, 157, Mpumalanga 60-61; Western voter registration (1999) 4 159, 161, 203, 210, 213 Cape 65 voter registration (2009) 2, 35-36, Zwelithini, King 54

218