ELECTION UPDATE 2004 SOUTH AFRICA

number 4 · 19 march 2004

editorial life. This situation has to be fray, namely the Electoral contained promptly and Court. In other words, the Elections tend to evoke a effectually in order not only to institutional framework around degree of tension among both protect the integrity of the elections in South Africa parties and their rank and file electoral process, but equally ensures that the management of support base. This trend is a importantly to safeguard the election-related conflicts global phenomenon and not just country’s stable democracy. traverses various stages an African experience per se. including dialogue, mediation, This is so because elections Aince its ten years of arbitration and finally litigation. involve contestation in which democracy, South Africa has stakes are fairly high for all the been able to put in place robust In this fourth issue of the contestants. In that situation and effective institutions and Election Update, we explore tension and conflict are one such institution is the various dimensions of conflict obviously inevitable. Independent Electoral and elections and how election- Commission (IEC). The IEC related conflicts can best be If, therefore, elections are by has developed mechanisms for managed.We are optimistic that their very nature conflict- handling election-related the election will not be marred ridden, the challenge for conflicts both timeously and by violent conflict on a national politicians and analysts then effectively. EISA and the IEC scale. revolves around how best to run a Conflict Management manage election-related Programme aimed at containing Khabele Matlosa conflicts. This should be the adverse effects of conflict effected in a constructive contents during election periods. The manner with a view to avoiding IEC has established conflict Editorial 1 a violent encounter between management panels and Party National Perspectives parties and/or their supporters. Liaison Committees that deal Political Violence & intimidation 2 It is abundantly evident from with conflicts early enough to Managing conflict: preparing for the 2004 elections 6 the discussions in this fourth avoid violent eruption. The IEC Election and Conflict 9 issue of the Election Update also administers an electoral Political Violence and Intimidation, that although tension is bound Code of Conduct for political and the Role of the Security Forces 12 to mark South Africa’s parties. Parties commit Provincial Roundup forthcoming election, there is Gauteng 19 themselves to a clean and North West Province 20 little likelihood of a violent conflict-free election by signing KZN 22 eruption on a national scale. the Code publicly. Thus, it Free State 27 Anecdotal evidence suggests behoves the parties to walk Western Cape 34 that possible election-related Eastern Cape 36 their talk throughout the Northern Cape 40 violent skirmishes between the electoral process by adhering to Mpumalanga 43 ANC and the IFP are possible the letter and spirit of both the Chronology No. 2 47 especially in the Kwazulu-Natal Code and the Electoral Act. Province. Already incidences of EISA Editorial Team Jackie Kalley, Khabele Matlosa, intolerance between these If the above structures are Denis Kadima parties in this particular unable to deal with conflict province have triggered violent situations adequately, then published with the assistance of OSF- conflict that has claimed human another institution enters the SA and NORAD Election update 2004 south africa number 4

NATIONAL PERSPECTIVES

POLITICAL African Union and NEPAD agreed to have the IFP VIOLENCE AND have committed leaders on participate in the elections. the continent to Although there were INTIMIDATION democratisation and incidents of violence, ‘no-go elections that are ‘free and areas’, and accusations of Dr. Cheryl Hendricks fair.’ The legislative fraud, the election results Centre for Conflict framework and institutions were accepted, partly Resolution necessary for this to because the IFP gained the materialise are existent in majority of votes in that area. The African continent has most African countries. It is Things may have been been an arena in which the implementation of the different if it had not done violent expressions of legislation and the so. The other worrying factor political conflict have been functioning of the was whether there would be commonplace since the institutions that are often left a rightwing coup for the far inception of colonial rule. wanting. The challenge is to right supporters had The processes of achieving make these effective. violently tried to disrupt the democratisation, both in the CODESA talks. Though colonial and post-colonial When South Africa there was mobilisation for a eras, have been marred by embarked on its first national coup after the elections, as violence. Violence has been democratic elections, in evidenced by the recent trial so central to the structuring 1994, the voices of doom of the Boeremag, none of these societies that it has and gloom predicted a blood materialised. become not only manifest in bath. From the mid-1980s all spheres (private and KwaZulu-Natal and the During the second public) but is also often the Rand were engulfed in a war democratic elections, in first resort as a means to that claimed the lives of 1999, the maturity of the settling disputes, especially thousands of people (it is electoral process and the those of a political nature. It estimated at 20 000). The electorate was evident. There is also partly because of this violence was primarily were few incidents of culture of violence that between supporters of the political violence or overt progress towards democratic ANC and those of the IFP intimidation. The South reform on the continent is but was fuelled by the African government and retarded through, for apartheid regime’s security civil society organisations example, the re-emergence forces, dubbed the Third have placed numerous of civil wars and coup’s. Force. It was feared that this resources into establishing Democratisation is seen as violence would derail the credible electoral the antidote for political elections and the spectre of procedures, voter education, conflict and a necessary doom was reinforced when and a well-organised election ingredient for sustainable the IFP announced that it machinery. This has to a development. Often political would boycott the elections. large extent paid off for violence transpires in the Thousands of SADF troops elections are context of elections. were deployed to the Natal overwhelmingly seen as Elections, therefore, may be area and several attempts ‘free and fair’ in this a necessary part of were made to facilitate peace country. In addition, the democratisation but they are accords between the rival proportional representation also a source of conflict as parties in the area. It was electoral system has reduced parties use whatever tactics days before the elections, on the possibility of violence in are necessary to win. The 19 April that Buthelezi the post election period as

2 Election update 2004 south africa number 4 minority political parties are · publicly condemn of no more than 5 years. still provided with a space violence and Provision is also made for within the governing intimidation; monitors and observers to institutions of the country. · do not engage in violence keep a close eye on the or intimidation, or in election process and to give Legislative and language or action which independent appraisals of the Institutional Frame work might lead to violence or status of the elections. More for Ensuring Equity and intimidation; importantly, through voter Credibility during · do not allow weapons to education drives, voters are Elections be carried or displayed at made aware not only of what political meetings, they must do in order to vote The Bill of Rights ensures marches, demonstrations, but what political parties or that every citizen has the voting stations, etc; individuals cannot do in right to freedom of · do not publish or repeat order to secure their votes. expression, freedom of false, defamatory or These institutional and association and to make inflammatory allegations regulatory mechanisms set political choices including about political South Africa well on the way the right to form their own opponents; to democratic consolidation party. South Africa has seen · co-operate with other where elections take place a mushrooming of political political parties to avoid regularly and in an parties with 35 currently due scheduling political environment conducive to to contest the up-coming activities at the same achieving the aim of elections. The Constitution times and places; exercising political choice provides for the right of · do not impede access to without intimidation. To existence of an independent eligible voters by state this, though, does not electoral body to oversee political opponents; mean that there is no violence or contravention of elections. The creation of the · do not destroy, disfigure IEC has been key to the or remove other political the Code of Conduct, but it facilitation of peaceful parties’ campaign has been substantially elections in South Africa. materials; reduced and/or taken on different forms for which Through it, the legislation · do not bribe eligible there are as yet no mediating contained in the Electoral voters in respect of the mechanisms. Act, which governs election campaign or elections, has become voting; Growing Concerns of institutionalised in ways that · facilitate the equal are acceptable to all Political Violence participation and access participating political parties. of women to political All political parties 1 Recently there has been a activities and to vote. spate of news reports on contesting elections are incidences of violence in required to sign a Code of Contravention of the Code of Conduct that is basically a KwaZulu-Natal and of Conduct is tried in an unethical behaviour on the document outlining ethical Electoral Court and those behaviour to ensure the part of some parties. Since found guilty can be subject the floor crossing in 2003, integrity of the election to a fine or prison sentence process. Some of the political tension has been on principles within the Code of the increase in this province. Conduct are that Political 1 Taken from summary listed on The IFP was dealt a severe Parties: web site blow in this exercise, barely http:/www.aceproject.org/main/en managing to hold onto the glish/ei/eif01a1.htm provincial legislature by a accessed 4/3/2004.

3 Election update 2004 south africa number 4 majority of two. Lionel that matter. One act is IFP, holding onto provincial Mtshali also just held onto already too much! It is more power is important for the premiership. The ANC’s important to understand why symbolic reasons of showing public statements that it, political violence is so easily a correlation between the together with its new partner, resorted to in this province ethnic make-up of the the NNP, intended to go all and/or why the numerous province and power of the out to gain the majority of mediation and peace accord supposed party that seats in the province in the attempts have been so represents the majority next election and the launch tenuous. ethnic group which considers of its election campaign in the province its ‘natural’ the region ignited the sparks Theoretical explanations of homeland. It is also arguable that have currently seen the political violence centre that the IFP’s loss of power re-emergence of patterns of around ‘grievance’ would drastically reduce its pre-1994 political behaviour. (exclusion) and ‘greed’ ability to sustain a patronage Allegations of politically (economic aspects), or a system of politics. The motivated deaths have combination of both these political stakes are high. surfaced, although factors (including When Buthelezi notes that he statements to the contrary ecological). It is obvious doubts that he will retain his have now been made, for that any explanation of cabinet position if the IFP example, that the seven political violence in does not succeed in gaining deaths at a rally in Estcourt KwaZulu-Natal has to take an outright majority, he is were due to criminal into account the stoking a latent fear of activities rather than intra- characteristics of the exclusion from the flow of party rivalry. It is alleged province in terms of its state/patronage resources that three ANC supporters demographic make-up, that will set in for himself have been killed in recent historical evolution, and his supposed ethnic months whilst the IFP claims monarchy, economy, and so compatriots. One needs to its supporters have had their forth. It also has to detail the pose the question of whether T-shirts ripped off, that an protracted struggles between or not the ANC’s forward ANC councillor shot the car IFP supporters and ANC push in this province is of an IFP MP and that some supporters, the militarisation premature? Given the IFP supporters have been of the area that ensued, the volatility of the province, hospitalized due to violent incomplete demobilisation of would a term of power attacks by ANC supporters.2 the militia that emerged and, sharing (the principle on The ANC and IFP are yet in the context of high which the transition in 1994 again engaged in peace talks unemployment, and their was based), even if one has and joint road shows and the easy resort to criminal the necessary support base to IEC has sent in a mediation activities. There is no space take over the province, not team. I concur with Deputy for this kind of analysis here be a more strategic choice President Zuma when he and other authors have dealt for the benefit of the notes that there is no longer with it at length. However, province as a whole? Should space in South Africa for the one can note that the S’bu Ndebele’s impassioned scale of political violence tenuousness of the peace in statement not be heeded:”I that transpired before. KwaZulu-Natal is, as in most am prepared to die for However, it is not the other countries in Africa, KwaZulu-Natal but I am not number of acts of violence related to the structuring of a prepared to see KwaZulu- 3 society in which access to Natal dying for me” . 2 See “‘Nervous’ Buthelezi warns state power is a key of vote violence” determinant to access to 3“KZN in the spotlight as elections http://www.iol.co.za February 10, wealth/ resources. For the draw closer” http://www.iol.co.za 2004. February 23, 2004.

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If overt political violence has will easily transgress the intimidation requires that not descended on the rules governing behaviour democracy becomes a way province, there have been for elections. Violence of life not merely a form of serious cases of breaching between supporters of governance conducted by the the electoral Code of political parties will, state and in which we Conduct that infringe on the anywhere in the world, participate every five years. credibility of the election always be but a reflection of process. Accusations of the the larger culture in which it de-facing of posters have exists. been made, illegal murals have been put up, rallies are Violent crime is endemic in held on the same day in the our society and it affects same area, and, as recently particularly women and seen in President Mbeki’s children. It has been reported campaign trip to KwaZulu- that there is a murder or Natal, attempts to disrupt attempted murder every 12 parties from campaigning minutes and a rape every 26 still happen. These seconds. Often the lines transgressions have to be between political violence penalised. They are and crime are blurred and the unacceptable and need to be effects of larger problem of shown to be so. violence are not taken into account during elections. For How do we Limit Political example, how many women Violence and Intimidation? who have been raped in the week of elections will want South Africa, as noted to get up to go and cast their above, has already done vote? How many wives much in this regard. The beaten, people whose places underlying premise however, have been burgled the night is that conflict is not before or who have been necessarily bad as it is the robbed or assaulted will want catalyst for change, but it has to exercise their right to to be channelled choose a political party when constructively. The they have so little control mechanisms are in place but over their daily lives? How more work needs to be done many people will be mugged on changing attitudes. To do on their way to go and vote? this requires more voter Are voters protected only on education and an that day when the police entrenchment of respect for come out in full force so that the rule of law. More we can have a ‘free and fair’ importantly, it demands election but live the rest of inculcation of the idea that our daily lives in fear, until violence is not a means to the next election! How many solve political conflict or to people are intimidated into acquire status/power. People casting votes for particular fed on a constant diet of parties in ways not that violence and intimidation in obvious to us? To eradicate the home and community political violence and

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MANAGING The pre-election period resolving conflict, other than CONFLICT provides the opportunity for litigation, have been utilised PREPARING FOR THE contesting parties to in the electoral context in 2004 ELECTIONS campaign and canvass for South Africa since 1994. The potential voter support. In an Interim Electoral Ilona Tip environment that is tense, Commission, put in place to Electoral Institute of where high levels of co-ordinate and manage the Southern Africa intolerance are displayed by elections, established an contesting parties and their Adjudication and Monitoring Background supporters and which is Division. The Division punctuated by the strong undertook investigations, Electoral Management competition for control of specialist monitoring, Bodies are bodies power, levels of conflict are accreditation and logistics established through increased. This conflict has and mediation. The Division legislation to manage the ability to induce fear in was serviced by full- time elections and, as such, play the electorate, inhibit voter and part-time mediators and an important role in turnout thereby undermining arbitrators to assist the IEC sustaining and deepening the outcome of the process. in preparing a secure democracy. Electoral This conflict can spill over to environment in which the Management Bodies are the election day and the post elections could take place. principal conduit for election period putting at risk transparent, accessible, free the conduct of regular The Independent Electoral and fair elections. The elections as required by the Commission supported by Electoral Commission of South African Constitution. legislation contained in the South Africa (IEC) was Electoral Commission and established through the The IEC has recognised that Electoral Acts provides Electoral Commission Act appropriate mechanisms mechanisms to contain and (Act 51 of 1996) and tasked should be developed to manage electoral related with managing national, effectively manage conflict conflict through the legal provincial and municipal so that it does not manifest process. The Government elections; ensuring that these itself in a destructive or Gazette (No 19572, 4 elections are free and fair negative way. To this end December 1998) contains the and declaring the results of they have established Rules Regulating Electoral these elections. Conflict Management Disputes and Complaints Panels. The Electoral about Infringements of the Elections are by their very Institute of Southern Africa Electoral Code of Conduct. nature adversarial and (EISA) has worked The Magistrate’s Court and generate conflict. Whilst collaboratively with the IEC High Courts may hear an conflict in itself is not in putting in place Conflict electoral dispute or negative, how conflict is Management Panels in complaint about an managed is the challenge. preparation for the 1999 infringement of the Electoral Conflict acts as a catalyst for national and provincial Code which arises in its area change, transformation and elections, 2000 local of jurisdiction. (Section 96 progress. Indeed, a sign of a government elections and (2) of the Electoral Act sets healthy democracy is one again in preparation for the out the sanctions the courts that is tolerant of opposing 2004 national and provincial can impose). The Electoral points of view and ideas and elections. Commission Act (ECA: 18) ensures an environment also provides for the conducive for the The introduction of establishment of the articulation of such views. alternative methods of Electoral Court, a body with

6 Election update 2004 south africa number 4 the status of the High Court. Objectives The Number of Panelists per The Electoral Court sits to Province hear matters that would The overall objective of the Province 1999 2000 2004 Gauteng 14 11 15 affect the determination of Conflict Management NorthWest 9 4 5 the final results. Programme is to put in place mechanisms that will assist Mpumalanga 5 5 10 Within the context of the in managing and/or Free State 5 7 5 prescribed legislative preventing possible electoral Limpopo 7 5 5 framework and supporting conflict. Through the Eastern 20 6 14 programme the IEC hopes to Cape regulatory provisions, the Kwa 19 15 20 IEC had sought to promote a develop a clear Zulu/Natal culture of consultation and understanding of the nature Western 20 6 30 consensus to create a sound and origin and possible Cape foundation for the conduct of prevention of electoral Northern 8 8 8 conflict; strengthen its Cape the 1999 elections. This capacity to deliver free and included the establishment, For each of these elections, fair elections; encourage through regulation, of Party and again in 2004, provincial Liaison Committees which voter turnout by ensuring an co-ordinators located in environment conducive to provided an ongoing provincial IEC offices, were platform for the Commission free and fair elections and appointed to co-ordinate the encourage the resolution and and the contesting political deployment of mediators. parties to identify problems management of election and seek solutions. conflict Choice of Panelists Partnerships with civil Structure society organisations were As with previous elections, a established as they enjoy the The structure set up to set of criteria has been confidence of the implement the conflict agreed on in regard to the communities within which management programme for selection of panelists. The they work. the 2000 elections differed underlying basis for slightly to that of the 1999 selection to serve on the The seriousness with which elections and will again panel is the need to ensure the IEC views alternative differ slightly to that of the both the credibility and dispute resolution as a 2004 elections. As the 2000 legitimacy of the process and process was indicated by the elections were local to reflect the professional amendment to the Electoral government elections, the nature of the IEC.

Laws Amendment Act, (Act structure placed more Types of Intervention No 34 of 2003, Government emphasis on resolving Gazette No. 25687 dated 6 conflict at local level with The types and nature of November 2003) that reads: two distinctive panels in intervention in the previous place, namely provincial and two elections, related to The Commission may local conflict mediation issues of attempt to resolve through panels. For the 1999 intimidation/harassment and conciliation any electoral elections, provincial panels political intolerance with a dispute or complaint about were put in place with a lesser number of complaints an infringement to the Code small team of highly skilled relating to removal of or brought to its notice by mediators that could be damage to posters. anyone involved in the called on to mediate disputes dispute or complaint. at national level.

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The 1999 elections recorded the Party Liaison Safety and Security have 359 complaints that required Committees, 7 were identified KwaZulu/Natal as intervention. investigated by the police potentially problematic. KwaZulu/Natal recorded and 2 were litigated through However all political parties the most complaints, ie 161, the courts. In 3 cases as well as President Mbeki with intimidation/harassment mediation failed to achieve have made it clear to and political intolerance resolution. The nature of the supporters that violence will related complaints topping complaints related to not be tolerated. Panelists in the list (80%), followed by registration issues (7), that Province may be more poster-related disputes. The demarcation issues, (6) challenged. Eastern Cape recorded 60% posters issues (20), of the 17 complaints were canvassing in or near voting The value of mediation is about political intimidation stations (15) and that it can be conducted and intolerance. Gauteng intimidation (18). Twenty anywhere and anytime. The recorded 51 complaints. The one cases were lodged process is streamlined and as Northern Cape only against the IEC for IEC intervenors are regarded as recorded 6 complaints with 4 bias.A full report was neutral and non-partisan. relating to intimidation and 2 prepared by EISA and the They are able to satisfy the to the removal of posters. IEC for both the 1999 and interests of stakeholders Northwest recorded 15 2000 elections bringing an acceptable complaints with the majority resolution agreed upon and relating to poster removal. It is difficult to predict the developed by all concerned. The Free State recorded 15 amount and nature of complaints relating mainly to electoral related conflicts logistics and procedures on that may arise in the election day. Mpumalanga forthcoming 2004 elections. recorded 20 complaints with We have seen recently an 5 relating to dismissal of increase in incidents of works for absenteeism on violence in KwaZulu/Natal. election day. Limpopo Although it has not been (Northern Province at the possible to categorically time) noted 15 complaints relate these incidents to the and the Western Cape, 61. elections, these incidents certainly heighten and add to During the 2000 Local tension in the province and Government Elections, 314 impact on the pre-election reports were logged of which period. There have also been 167 were resolved allegations from several telephonically by the parties about damage to provincial co-ordinators and posters, or posters being did not require further removed which again intervention. One hundred impacts on the pre-election and ninety three (193) environment and affects the complaints were lodged overall credibility and requiring intervention. One legitimacy of the election. It hundred and fifty seven is expected that the electoral (157) of these complaints process should be peaceful were resolved through and conducted in a spirit of mediation. The remaining political tolerance. At the complaints were resolved at moment, Intelligence and

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ELECTION AND that often times are not actors. To be sure, this type CONFLICT sufficiently met through of conflict has marked the deliberate policy initiatives. political landscape in South- Khabele Matlosa It is also fair to argue that Southern Africa and party Electoral Institute of democracy is all about systems as well as elections Southern Africa managing societal conflicts in the region are premised in a constructive manner. In upon this type of Introduction this way, it is helpful to contestation. Fifth and conceive of conflicts not so finally, conflicts in the Democracy is a fairly much as destructive SADC region have also complicated system of phenomena, but as a natural revolved around social governance. It does not only part of social development. identity be it racial, ethnic, denote broad representation The challenge then is not to class and/or gender of key political forces in the wish conflicts away, but stratification of society. running of national affairs as rather to devise effective Quite obviously, this type of well as sufficiently equitable institutional mechanisms for conflict has marked the then distribution of national managing them much more apartheid South Africa and resources, but equally effectively. This article undoubtedly identity conflict important is the management reviews election-related still confronts post-apartheid of conflicts. Given the conflicts in South Africa democratic South Africa broadly inclusive nature of ahead of the 2004 election today. What is important to 1994 political settlement and and sheds some light on how note, however, is that the the electoral model in South to deal with these common denominator of all Africa, it is evident that in effectively. these structural conflicts in terms of political South-Southern Africa is participation and Nature and Magnitude of contestation over power and representation in the Conflicts in particular control and governance process, utilisation of state power. democratic practice and Major conflicts in South- Thus, in a word, power is the culture is increasingly Southern Africa, as heart of all conflicts in becoming entrenched and elsewhere in the world, society and the same institutionalised. Further revolve mainly around four argument extends perfectly more, deliberate government (4) areas. First, both South well into an analysis of policy towards economic Africa and Southern Africa election-related conflicts. empowerment of the have experienced resource- historically marginalised based conflicts; that is Role of Elections in a social groups has also gone a conflicts that are linked to or Democracy long way in redressing the triggered by contestation economic imbalances of the over the distribution of Elections constitute one of apartheid era. In this area, resources. Second, the the most important however, much more still SADC region as a whole has ingredients of democratic needs to be done if, for also witnessed conflicts governance the world over. instance wide-spread poverty around control over territory Although elections, in and of and unemployment are to be and this has been much more themselves, do not constitute reversed. Democracy entails pronounced in, for instance democracy as such, they are a multiplicity of conflicts of Angola than in South Africa. considered one of the KEY various types due mainly to Thirdly, conflicts have also principal pillars of a working the fact that this system rotated around differing and democracy in any given opens up political space for a divergent ideological world- country. Key functions of plethora of public demands views among key political elections in entrenching

9 Election update 2004 south africa number 4 democratic governance are where elections become a violent encounter between many and varied, but the crucial for democracy - for belligerent forces or de- most critical ones for the elections have a great escalates into a peaceful purpose of this discussion potential to either escalate or settlement depending on how are: de-escalate an existing it is managed. Thus, conflict · Legitimation of the structural conflict. You need cannot be wished away in political system and not look far for evidence on any election, as argued government; this; in Angola, the 1992 earlier. The challenge · Providing for orderly abortive election entrenched therefore, is not to wish them succession of a culture of political away, but rather to ensure governments; violence, while in that appropriate institutional · Selection and recruitment Mozambique since 1994, mechanisms are in place to of leaders; elections have helped manage election-related · Linking political entrench a political culture of conflicts. Given that an institutions with voters’ constructive management of election process evolves over preferences; conflicts much the same way various stages or phases then · Mobilisation of the as they have assisted it is easy to identify key electorate for social entrench political harmony areas in each phase that are values, political goals and reconciliation in South more conflict prone. We can and programmes, etc; Africa. identify these areas by · Channeling of political classifying elections into conflicts in procedures Election-Related Conflicts three phases namely (a) pre- for their peaceful election phase; (b) election settlement; and Elections involve a contest or polling phase; and (c) · Giving rise to a over political power, post-election phase. What competition for political especially state power. Given then are the key conflict power on the basis of the nature of the contestation areas in the pre-election alternative policy and the high stakes, elections phase? programmes. are, by their very nature, conflict-ridden phenomena. In the pre-election phase, the Thus elections provide the In other words, all elections usual hot-spots in SADC requisite legitimacy for the involve a fair amount of elections are around (a) winning party to govern. conflict between and among constituency delimitation, They assist in parties in contestation; and (b) voters registration, (c) institutionalising democratic this should not come as a registration of parties, (d) means for change of surprise and/or cause for nominations and party lists, governments. They link alarm, for all forms of (e) political campaign, (f) leadership succession to competition involve varying independence of the IEC and preferences of the electorate. degree of conflict of sorts. election staff recruitment and They provide a mechanism For a conflict to occur three (g) party funding. The issue for peaceful settlement of (4) conditions exist: of delimitation of election political conflicts. All the · Context (eg. Election); boundaries or constituencies elections in South Africa · Actors (eg. Parties); does not arise in the case of since the epoch-making 1994 · Issues (eg. Registration); the forthcoming election in political transition have · Incompatibility of South Africa given that the played these functions fairly interests (eg. Control of country uses the PR electoral adequately, in particular the government). model which considers the entrenchment of an electoral whole country as one large process as a conflict Having occurred, a conflict single constituency. This management process. This is situation either escalates into becomes a major problem in

10 Election update 2004 south africa number 4 almost all other SADC states South Africa, but is SADC states including such as Malawi, Zimbabwe inherently fraught with Lesotho, Zambia and and Zambia that operate the tension and conflict. Parties Zimbabwe. Interestingly, the British-style First-Past-The- work out their lists on the independence of the IEC and Post electoral model. basis of their own internal the recruitment of election arrangements. Depending on staff have not triggered any Voter registration in South how much internal major conflicts as South Africa is a continuous democracy has been Africa prepares for its third process and as we have institutionalised in each democratic election and this indicated in the previous party, conflicts may or may may suggest effectiveness of issues of this bulletin, the not disrupt the party the democratic institutions IEC organised targeted machinery. For instance, as and entrenchment of registration in November we have indicated in our democratic culture and 2003 and January 2004. No previous issues, in some practice in the country. major conflicts have been parties, such as the ruling experienced around voter African National Congress In our earlier issues of the registration for the 2004 (ANC), the process si fairly Election Update we have election and in fact all open and allows not only reported on the process of parties have applauded the inputs from the provinces for party funding and observed IEC for the job well-done. the development of party that although public funding Given the smooth lists, but the Electoral for parties is well regulated registration process, it also Institute of Southern Africa and come in handy for goes without saying, of (EISA), an independent institutional capacity course, that the voters organization, facilitates and building for political parties, register is well managed by monitors the whole process. we have raised the key issue the IEC to ensure that around regulation of private accurate information about Election-related conflicts funding. Private donations to all eligible voters is well during the campaign process political parties are not captured. The register is are dealt with through the regulated and this situation open for inspection by the Code of Conduct for parties, can, as the Institute for voters and parties to ensure conflict management panels, Democracy in South Africa openness and transparency party liaison committees (IDASA) has aptly argued, of the electoral process. and/or the electoral court. To lend itself easily to political date, no major violent corruption and abuse of Although the registration of conflicts (on a national scale) power. Political parties are parties has been undertaken have occurred during the divided on this matter; with minimum amount of run-up to the April election. bigger parties do not seem to conflict, with parties A number of violent favour regulation and required to pay R500.00 for encounters between the ANC disclosure of private registration, R150 000.00 for and IFP supported have been donations, while smaller National Assembly elections reported in Kwazulu-Natal parties prefer regulation and and R30 000.00 for each and at the time of going to public disclosures. Provincial Legislative press these had claimed election, two parties about ten (10) lives. Conclusion contested their registration for election through the Independence of the IEC and Democracy requires that a courts and won the case. The the nature of election staff country holds regular multi- nomination process may recruitment have become party elections. Elections are seem fairly straight-forward heated issues around therefore an important given the electoral model in elections in a number of ingredient of democracy.

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However, elections on their POLITICAL the importance of these own, do not constitute VIOLENCE AND points: democracy. Elections A campaign disfigured by presuppose contestation over INTIMIDATION, violence, chaos at the polls control of state power. Given AND THE ROLE or in the country, and a the high stakes in the OF SECURITY consequent aftermath of contestation, then elections FORCES controversy, can do great tend to be conflict-ridden and lasting damage to the phenomena. Election-related Dr. Dirk Kotzé electoral process and image conflicts are therefore part of Unisa of a country. In fact, in many the political game. They African countries election should be accepted as reality outcomes have become the An election is the most of electoral politics. Having densely contested moment in focus of bloody conflicts and accepted that elections are any democratic dispensation. costly legal battles. The ideal conflict ridden phenomena, One of the reasons for this is a tolerant electorate, wise political actors then need to being that an election is both political leadership and an strive to put in place electoral administration that the most reliable and institutional mechanisms for legitimate instrument of is competent and impartial. managing them effectively distributing political power In contrast to the most in a society. For an election prevalent form of political In South Africa, the Code of to be free and fair, its Conduct for parties helps violence associated with outcome should be uncertain deal with election-related elections in several African and not absolutely states - namely, challenging conflicts. Institutional predictable, despite opinion arrangements for ensuring the election results after polls and surveys. In these election day – in South compliance with the Code circumstances of relative include conflict management Africa political conflict and uncertainty and periodic panels, party liaison intimidation manifest ‘instability’, constitutional themselves during the committees and the electoral support mechanisms ought to court. Electoral election campaign before be in operation to support the election day. Commissions also need to election processes and to have in place plans for dispense with possible What is Electoral Conflict managing conflicts through disputes regarding election the three (3) phases of an and Intimidation? fraud and the election electoral process. This can results. Without such support Conflicts associated with be done more effectively by structures, or even if they are elections are described in anticipating or identifying weak, elections have a high multifarious ways. For the critical ‘hot-spots’ that could potential for conflict. We purpose of this discussion it trigger a conflict. Observers have witnessed it in the is most appropriate to and monitors need to focus presidential elections in confine it to the stipulations their minds and plans on the Angola (1992) and of the Electoral Act, No. 73 key areas that have greatest Madagascar, and in the of 1998. The Act deals with potential for generating parliamentary elections in it in Chapter 7 as ‘Prohibited conflict during elections Lesotho (1998). Conduct’. Under this during pre-election phase, heading the following are election phase and post- In a recent speech, Dr included: undue influence, election phase. Brigalia Bam, Chairperson impersonation, intentional

of the Independent Electoral false statements, Commission (IEC) reiterated infringement of secrecy, prohibitions concerning

12 Election update 2004 south africa number 4 voting and election independence or impartiality Furthermore, section 108 of materials, and concerning as an election manager. the Act prohibits any placards and billboards Members and officials of the political meeting, march, during elections, obstruction IEC may not be prevented demonstration or other or non-compliance with from gaining reasonable political event on voting day directions of the IEC and its access to voters. (April 14). It also outlaws officers, and contravention any person engaging in any of the Electoral Code of The Act outlaws a wide political activity, except Conduct. Not all of them spectrum of actions as voting, within the boundary qualify as conflict or election fraud (though the of a voting station – which intimidation, though they can concept is not used): undue means the whole of the all indirectly be associated influence in respect of country. It is a preventive with it. We shall highlight registration of voters [section measure to deny any the more obvious prohibited 87(3) and (4) in the Act], opportunity for political forms of conflict and impersonation [section 88], activities, and therefore for intimidation. intentional false statements demonstrations of power and [section 89], infringement of other forms of intimidation. Prohibition against undue secrecy [section 90] or influence is not only to actions concerning voting What is the Nature of protect the voters, parties and election materials Political Electoral Conflict and candidates but also the [section 91]. and Intimidation in SA? IEC officials. Voters are A common characteristic of protected as follows: they In the period 1983-1994 may not be compelled or many election campaigns but one that is potentially political conflict assumed unlawfully persuaded to many forms, but the two that register or not to register, to explosive is interference with election placards and continued into the 1994 vote or not to vote, to election campaign were the support or vote for a billboards. In section 92, the Act explicitly prohibits that ANC/IFP internecine particular party, or to attend confrontations in most of and participate in a political any person may deface or unlawfully remove any party KwaZulu-Natal and also in meeting, march, some townships on the East demonstration or other billboard, placard or poster during the campaign period. Rand, Soweto and in the political event. Vaal Triangle, and a limited For this election it means from February 11 until the sabotage campaign by the Parties are protected in the far-right wing. In respect of sense that any party election results are officially declared. the first type, the National representative or candidate Peace Accord (1991) may not be prevented from Another, more subtle form of established the Commission gaining reasonable access to intimidation addressed by of Inquiry regarding the voters. They may also not be the Act, is obstruction of, or Prevention of Public unlawfully prevented from non-compliance with Violence and Intimidation - holding any political directions of the IEC and its the Goldstone Commission. meeting, march, officers. Persons have to This type of violence was demonstration or other give effect to a lawful intimately linked to the political event - in other direction or instruction by uncertainties and party words, ‘no-go areas’ are them. A person may not political bargaining during outlawed. obstruct or hinder (and the constitutional negotiation therefore also not intimidate) and can be ascribe to The IEC is protected against them in the exercise of their transitional violence. interference with its powers.

13 Election update 2004 south africa number 4

Though the ANC and the parties. The consequent rural areas) will, in most IFP have concluded two damage in their relationship cases, be a futile exercise. agreements to curb this of trust motivated the IFP to violence, it developed new search for new allies, and The unknown factor permutations since early late in 2003 concluded the regarding electoral violence 2004. The endemic violence ‘Coalition for Change’ with is the potential of the far- between the two the DA. Its alienation from right wing. In 1999 they did organisations was addressed the ANC opened the way for not commit any acts of by the Agreement for renewed political conflict for conflict, but since then a Reconciliation and Peace (19 the first time since 1994. conspiracy by the April 1994) between the ‘Boeremag’ has been ANC, IFP and NP. The IFP In quantitative terms the exposed. For the 2004 agreed to participate in the levels of violence and general election the HNP general election a week intimidation during election continues its call for a thereafter, and in periods have declined quite boycott of the election, but it consequence, the level of dramatically. Complaints does not pose any violent political violence declined received by the IEC threat. The backbone of the dramatically. This relatively regarding no-go areas, rightwing infrastructure in low level of violence was political violence and rural areas - the commando sustained for the following intimidation declined from 3 system - is being dismantled five years. Prior to the 1999 558 in 1994, to 1 032 in by the SANDF and thereby general elections, the ANC 1999. One of the their disruptive potential is and IFP concluded a characteristics of the 1999 also reduced. Isolated cooperation agreement incidents was that a marked incidences of violence and regarding cooperation in the number of them were in the disruptions cannot, however, national and KZN provincial Western Cape between the be completely excluded. governments. This UDM and the ANC, agreement continued to especially in informal How can Electoral Conflict suppress open political settlements. and Intimidation be conflict between the two Contained and Prevented? parties. It also established a Currently, electoral violence liaison mechanism between appears to manifest itself in Not only is the IEC the two - known as the ‘3-A- different forms: as sporadic, responsible for all aspects of Side Committee’ or lately unpredictable and individual administering general the ‘5-A-Side Committee’ - incidents, and not open elections, but it should also for ongoing dialogue and warfare between groups in ensure that they are free consultations since 1999. townships. Assassinations from conflict and Serious crises in KZN and killings of individuals or intimidation. For this provincial politics were often families appear to continue purpose it has a number of resolved in this forum. Their from the pre-1994 period. instruments to its disposal. cooperation (and therefore Such violence is exceedingly the prevention on possible difficult for security forces to Dr. Brigalia Bam is violence) came under prevent. Preventive measures confident that they will not tremendous pressure when based on reliable intelligence be the necessary factor to the ANC national and political restraint prevent conflict, but rather government introduced a preached by the political the experiences of the past constitutional amendment leaders, are the only ten years. In a recent speech and legislation to allow for prevention against this type she said: floor-crossing by of political conflict. Physical If the 1994 elections were representatives between protection (especially in conducted in an atmosphere

14 Election update 2004 south africa number 4 of violence and political withdraw nomination as · lawfully erect banners, conflict in certain areas, the a candidate billboards, placards and 2004 elections will be · to carry or display arms posters violence-free and peaceful. and weapons at a · canvass support for a This we can guarantee political meeting or in party because, firstly, South any march, · recruit members for a Africans are appreciative of demonstration or public party. the democratic change and political event · hold public meetings the opportunity to be part of · to unreasonably prevent · attend public meetings. this exciting period in our any person access to history. Secondly, our voters for the purpose of The parties’ public multiparty democracy has voter education, commitment also includes developed to the extent that collecting signatures, the fact that they will political parties now recruiting members, publicly condemn any action exercise maturity and raising funds or that may undermine the free tolerance in their interaction canvassing support and fair conduct of elections. with each other and the · to deface or unlawfully Most importantly, it also electorate. remove or destroy the includes a public

billboards, placards, commitment to accept the In concrete terms, the IEC’s posters and other election results of the election. They strongest instrument to materials of a party can only challenge it in a prevent electoral conflict is · to abuse a position of court. Given the experiences the Electoral Code of power, privilege or in Lesotho, Angola, Conduct for the participating influence, in order to Madagascar and other parties. It was implemented influence the conduct or countries, such a for the first time in 1999. In outcome of the election. commitment is of paramount Schedule 2 of the Electoral importance. Act, the Code’s principles These forms of prohibited are set out. Parties pledge to conduct overlap to some Through the Code of refrain from the following degree with the prohibited forms of prohibited conduct: Conduct the parties pledge to conduct listed in the Act’s liaise with one another in · to use language or act in Chapter 7. a way that may provoke order to ensure that there are no duplications (and violence during the Political parties and their election, or intimidation therefore contestations) in candidates are also expected terms of time and place of of candidates, supporters to make a public and voters. public meetings, marches, commitment in which they demonstrations or other · to publish false or state that everyone has the defamatory allegations in public political events. They right to – also publicly pledge to connection with any respect the role of women, of aspect of the election · freely express their the media and of the IEC.

· to plagiarise the symbols, political beliefs and Finally, all the parties colours or acronyms of opinions commit themselves to other parties · challenge and debate the promote and publicise the · to offer any inducement political beliefs and Code of Conduct within their or reward to a person to opinions of others own ranks and also in public join a party, to attend any · publish and distribute when conducting the election public political event, to election and campaign campaign. vote and to refuse or materials

15 Election update 2004 south africa number 4

All parties and candidates committees. The IEC that not enough emphasis is are expected to sign the designates a chairperson as placed on observing the Electoral Code of Conduct as its representative for each of election campaign before part of the IEC’s the committees. The election day. Observers are management of the election committees’ main task is to well-placed to detect election campaign. Two ceremonies serve as a forum for fraud on election day, but were conducted in public to consultation and cooperation also electoral conflict and perform this task: the first between the IEC and the intimidation. In other has been on 20 February in registered parties on all countries it receives much Durban for the parties in electoral matters, including more attention from KZN (which became known security matters. It is observers. In a recent speech, as the ‘peace pledge’) and therefore a pre-emptive Dr Brigalia Bam highlighted for the other parties on 1 measure to prevent incidents this deficiency in the South March in Pretoria. of conflict, to improve and African practice, and facilitate communication encouraged observer groups In accordance with the Code, between the parties and to in the coming election to be the ANC’s Thabo Mbeki work jointly towards a free more involved at the rallies wrote in ANC Today (27 and fair election. In the and campaigns, especially in February - 4 March 2004) IEC’s management structure, KZN. the following: one department (Voting, Democracy Development A fourth instrument of Not a single member of our and Liaison) is dedicated to electoral conflict organisation must be held this task. containment and prevention responsible for actions that are the security forces. The compromise our possibility A third instrument for SANDF, SAPS and the to hold free and fair conflict prevention is the intelligence community are elections. We must fully and presence of domestic and primarily responsible for this faithfully respect and international election task. President Mbeki wrote implement the Code of observers. They are bound recently about them in ANC Conduct prepared by the by their own IEC Code of Today: IEC, to which we are Conduct to ensure that they signatory. ... We also have do not become an obstacle “We must therefore an obligation to work with instead of providing understand that our police all other parties and assistance in the election. officers, our soldiers and our organisations jointly to Observers should be intelligence operatives are oppose violence and accredited by the IEC. Their there to defend democracy. intimidation and ensure that overall function is that their They occupy the forward the April 14 elections are presence should promote trenches in the struggle to free and fair. conditions conducive to a ensure the consolidation and free and fair election. They further deepening of our A second instrument are allowed to observe the democracy”. He therefore available to the IEC to proceedings of voting, the called on ANC party prevent or contain electoral counting of votes at voting structures to maintain conflict, is the system of stations and at places other continuous contact with Party Liaison Committees than voting stations, and of them. both at national and the determination and provincial level. Each party declaration of the final The events in Lesotho in registered for the elections is election results. One of the 1998 emphasised the entitled to two weaknesses of observer importance of effective and representatives in each of the practices in South Africa is politically-impartial security

16 Election update 2004 south africa number 4 forces as a stabilising to collect information township after it had been presence. In the 1994 general regarding security-related erected the day before; two election much of this aspects of the election. They days later two suspects are capacity had not yet been were deployed during the arrested. Shortly before this established in South Africa, two voter registration incident a huge billboard for and hence a subcommittee of weekends in November 2003 the provincial Department of the Goldstone Commission and January 2004 “to assess Transport (with the proposed a Multiparty the mood”. The areas with provincial ANC chairperson Peacekeeping Service. In the the highest conflict potential and Transport MEC, Sbu end the National Peace- during the election period, Ndebele’s face on it) is Keeping Force was the Minister identified as defaced in Ulundi established, but with limited KZN, Western Cape, and the 18 January: success. East Rand. She also The IFP launches its election cautioned that the Northern manifesto and its leader In the present circumstances, Cape poses serious logistical Mangosuthu Buthelezi the first indication of challenges. declares: security force presence in the At the launch of the ANC’s The Minister of Safety and election Manifesto, the President election process appeared in of the ANC, who is also the October/November 2003 Security, Charles Nqakula, President of South Africa, when a National Intelligence provided assurances at the appealed for tolerance during the Agency report on divisions same event, that the security forthcoming elections. I wish to within the Western Cape was agencies will prevent any endorse the appeal of President ‘no-go areas’. Five days later Mbeki, and today I appeal to leaked to the media. It members of the IFP and all our identified three internal SANDF members were supporters, to refrain from any groups or factions vying for deployed in KZN hotspots conduct that can be interpreted as nominations on the party Ulundi, Nongoma, intimidation of other citizens for lists. It prevented the Mahlabathini, Estcourt, exercising their right to vote Tongaat and Greytown. For freely. Our freedom does not mean Provincial List Conference that we must interfere with the from convening on its obvious reasons, the security freedom of others. originally scheduled date and forces do not wish to 18 January: only with its second attempt, disclose more of their Political violence in Durban after consultations to strategy for the election claims the life of one person overcome the divisions, did period. and another one is injured. it succeed. This intervention The ANC condemns the by the NIA arguably Summary of the Current violence and reaffirms its prevented possible internal Situation commitment to an election conflict. free of intimidation or In this section a brief violence. After a number of incidents summary of events of 19-22 January: of political violence in KZN, relevance for conflict or In Umsinga (northern KZN), the IEC met with the cabinet intimidation since January a group of people wearing security cluster (Defence, 2004 is presented: IFP t-shirts and displaying Safety and Security, rifles were allegedly seen Intelligence and Justice). At 10-11 January 2004: posting IFP posters on top of a ministerial media briefing The ANC launches its the ANC’s. Two ANC on 19 February, the Minister election manifesto in Durban election billboards are of Intelligence, Lindiwe and Pietermaritzburg defaced. A senior police Sisulu, assured the 13 January: officer in uniform (and a journalists that intelligence An ANC billboard is well-known IFP operatives are on the ground vandalised in Umlazi sympathiser) is caught in

17 Election update 2004 south africa number 4

Mpumalanga township near supporters. “These actions Front Plus) is accused of Hammersdale, tearing down demonstrate a level of removing DA posters in ANC posters. political intolerance and Cape Town. 26 January: contempt for basic rights 1 March: The IFP-ANC’s 5-A-Side which has no place in a Signing of the Electoral meeting takes place in democratic South Africa”. Code of Conduct and the Durban as part of the IFP- 11 February: Pledge by all parties in ANC cooperation since The election date of April 14 Pretoria. 1999. Sbu Ndebele (ANC) is announced, and the First week in March: presents it in the media as election campaign officially The IFP and ANC negotiate part of a reconciliation commences a peace agreement in /peace-building process 19 February: addition to the ‘peace between the two parties. SABC3 election programme pledge’. Buthelezi (IFP) denies it. ‘Interface’ broadcasts from “This has the effect of Durban. Both ANC (Sbu In summary, according to Dr confusing the electorate and Ndebele) and the IFP (Musa Bam, in the last three weeks our two constituencies, as if Zondi) call for peace in the of February eighteen these meetings are about the province on the eve of political rallies were held present, when they are signing the ‘peace pledge’. and only three incidents of meetings which are by and 20 February: political violence were large, about the past Signing of the ‘peace pledge’ recorded - all of them in relations and the impact of takes place in Durban by all KZN. Eight persons died in this on the present”. the parties contesting the the process. President Mbeki presented elections in KZN. Zondi another view on the meeting, states at the signing From this discussion it namely that a “focal point of ceremony: “The Inkatha appears that electoral this interaction is the Freedom Party unequivocally conflict and intimidation is challenge to create a climate rejects violence and the more of a concern in 2004 for peace in the province. perpetrators of violence. We than in 1999. The absence of This is part of our sustained stand shoulder to shoulder an ANC/IFP post-election effort to ensure that we enter with everyone that rejects the cooperation agreement is one the elections with the people path of violence and walks of the main reasons for this. knowing that they have the the path of peace”. He also The recent initiatives by the freedom to vote for the party announces that the provincial two party leaders to openly of their choice”. ANC and IFP will develop a promote dialogue and work 29 January: mutually agreed programme on a peace agreement, is a The seventh provincial to monitor events in the critical requirement for imbizo of President Mbeki province. stabilising the situation. visits KZN. According to 23 February: Conflict from the far-right media reports, at Tugela The ANC releases a press wing and possible Ferry near Msinga, he was statement regarding another altercations with the prevented by a group of incident of political violence Landless Peoples Movement, people with traditional and death in KZN without who call for an election weapons from visiting the accusing the IFP but boycott, cannot be area as he was not welcome “pockets of individuals who completely dismissed. Their there. Mbeki denies it have yet to accept that South actions, however, will not thereafter, but the ANC Africa is a democracy”. jeopardise the overall issues a statement on the 28-29 February: legitimacy of the election. same day in which the Corné Mulder (Western incident is ascribed to IFP Cape leader of the Freedom

18 Election update 2004 south africa number 4

PROVINCIAL ROUNDUP

GAUTENG

REGISTRATION the first time that prisoners province. Prominent among OF PRISONERS will be voting. Previously, these was the issue of awaiting trial prisoners and identity documents. IN GAUTENG those whose sentences According to Maupi allowed them an option of a Monyemangene, the Sydney Letsholo fine, had a right to vote. This spokesperson of the Electoral Institute of year, however, all prisoners, Correctional Services in Southern Africa irrespective of the nature of Gauteng, many prisoners their offences and the type of were unable to register Introduction a sentence have been given because they did not have the opportunity to vote. bar-coded identity Prisoners in South Africa However, the ruling has documents. He further have been granted the right raised many eyebrows from observed that “the problem to cast their votes in the concerned political parties, had been exacerbated by the country’s general elections NGOs, and various short time-frame given for on April 14, 2004. This stakeholders. Some prisoners to acquire IDs”6. decision has been reached observers arguing that the However, this did not following the Constitutional ruling has broadened the prevent the registration Court’s ruling that the parameters of the country’s process to take place as some Independent Electoral democracy, while others inmates in various prisons in Commission (IEC) should opine that the judgement is Gauteng registered their have systems in place to stretching the country’s names. Despite the accommodate the democracy beyond limits. difficulties of having the registration of prisoners appropriate documentation irrespective of the nature of The Challenges for registration, the grand the crime committed and the total of the number of all type of sentence meted out. To be eligible to vote, prisoners who registered in The application for prisoners prisoners must be South Gauteng’s prisons is 62467. to be accorded a right to African citizens with green The registration period took vote, like any other eligible bar coded identity document place from 10-12 March citizen, was lodged by the or have a valid Temporary 2004. South African Institute for Identity Certificate (TIC)5. Crime Prevention and the Although the IEC had been Conclusion Reintegration of Offenders showered with accolades for (NICRO) and two prisoners its technical competence The decision by the serving sentences without an during the voter registration Constitutional Court to grant option of a fine, while the process, some logistical prisoners the right to vote respondents included the problems complicated the has been contentious. Some Minister of Home Affairs 4 registration of prisoners. stakeholders have argued in and the IEC . It is important Various problems have been favour of the judgement, to mention that this is not be cited as contributory factors while others have frowned in the registration of upon the decision. Those in 4 Jepson, G. & Sapa. 2004, “Court prisoners in the Gauteng favour of the ruling cite past Asks IEC To Prepare For Registration”, This Day, 26 6 http//: www.iol.org.za February. 5http//: www.elections.org.za/news 7 IEC Gauteng

19 Election update 2004 south africa number 4 experiences as a good NORTH WEST enough reason for the prisoners to vote. The THE LANDLESS will present themselves in Business Day (05 March the North West. 2004) asserts that as noted HAVE THEIR SAY by the Constitutional Court, The security challenges that the vote has special Michael O’Donovan do present themselves come significance in South Africa Independent Political from an unexpected quarter – because the majority of the Analyst interest groups attempting to population were denied that gain some leverage by right by the apartheid Ten years ago the North threatening to disrupt the system. On the other hand, West Province was the election. As a rule these however, opposing “other” epicentre of political threats come from quarters sentiments have been violence in South Africa. aggrieved by the pace of expressed. It has been argued Although the region was reform rather than its that law abiding citizens that spared the protracted conflict direction. Typical of the include South African that epitomised KwaZulu- organisations associated with nationals living abroad are Natal, the divergent political these threats is the Landless denied the opportunity to interests resulted in a series Peoples Movement (LPM). vote, whilst prisoners are of military actions in the run The LPM has grown enjoying this right. Whatever up to the 1994 elections. The increasingly frustrated with one makes of both actions centred on the the slow pace of land reform arguments, the fact remains sovereignty of and has earmarked election that prisoners in Gauteng and Bophuthatswana and day as a day for seizing the rest of South Africa, have included an attempted coup farms and occupying braced themselves to making and an ill-fated “invasion” government offices. On that ultimate cross on 14 by the AWB. election day the landless are April 2004. set to seized farmland owned In 2004 pre-election phase, by “abusive” farmers. References the political climate has Similarly, land held by changed dramatically. For absentee owners and Business Day, 2004, 05 March. example, the AWB has long government buildings Jepson, G. 2004 “Court asks IEC been neutralised as a associated with land affairs to prepare for registration”, This political force. Even the Day, 26 February. are to be occupied by the former ruler of activists. http//:www.elections.org.za/news Bophuthatswana, Lucas http//:www.iol.co.za Mangope, is now seeking to The campaign is obviously retain his position as leader intended to target the ruling

of the opposition in the party to accelerate land province. Mangope is reform or face an election contesting the election under boycott and militant action the ambit of the UCDP. by the landless. The These changes coupled with militance of the LPM has the regional hegemony of the already dropped a notch after ANC, ensures that the their national organiser, heightened conflict of 1994 Mangaliso Kubheka, was will remain a distant memory forced to recant statements to and few plausible security the effect that the LPM was challenges to the election to form a paramilitary unit. This unit was, ostensibly, to

20 Election update 2004 south africa number 4 conduct vigilante action security threats to the against, inter alia, abusive election. landowners. The immediate effect of the original Order of Listing on statement was to jeopardise Provincial Ballot. LPM's funding from UK donors like Oxfam and War Many believe that parties On Want. The retraction is appearing at the top of the seen by commentators as a ballot paper enjoy something way of LPM salvaging that of an advantage over the funding. other candidates. The general impression is that the parties Although the LPM's rhetoric at the top of the list benefit is becoming less strident its from voters' indecision and occupation campaign does errors. It is for this reason present the security forces that the IEC randomly orders with, at worst, an unwelcome the political parties on the distraction for election day. ballot. The randomness is The security forces will have achieved by a lottery in much of their work cut out which the order with which for them in ensuring a visible the parties are to appear is presence at all of the 15-or- drawn. If the order in which so thousand polling stations. the names appear is a real These distractions are, factor then the UCDP stands moreover, more likely to be to benefit as it is to appear at felt in those provinces the the top of the North West LPM is better organised and ballot. The ranking of all where larger numbers of land twelve political parties claims have been lodged. contesting the provincial This indicates that these election is presented below. activities will be concentrated in the Cape, 1 UCDP KwaZulu-Natal and 2 UDM Mpumalanga rather than in 3 FF+ the North West province. 4 ACDP 5 ANC Inevitably other groups will 6 AZAPO attempt to use the LPM style 7 DA militancy to press their 8 ID issues at a time when the 9 IFP ruling party is at pains to 10 NA appear sensitive. As long as 11 NNP these campaigns are 12 PAC concerned more with the tempo of policy implementation rather than its direction (or, in the case of HIV/AIDS, its stated direction) the state should be able to timeously defuse any

21 Election update 2004 south africa number 4

KWAZULU-NATAL

POLITICS BY system which continues to 1994. There is no centrally OTHER MEANS: undermine democracy in organised, official party KZN. strategy to resist the election THE PRACTICE as there was ten years ago. AND DISCOURSE Second, and perhaps just as Indeed since 1994, levels of OF VIOLENCE IN important, violence is now a political violence have KZN key ideological resource in dropped significantly. In the battle for provincial 1994 over 1000 people died Dr Laurence Piper control. Public talk of in the three months before University of KwaZulu- violence is complicit with the election. In 1999 the Natal, Pietermaritzburg party agendas as both the number was around 100. The campus ANC and IFP use the idea of 2004 the official figure is violence, and a somewhat currently at about 10. There is a tainted intimacy unwitting press, to their own between politics and advantage. Further, there seems to a violence in KZN that lingers generally higher level of in two ways in 2004. First, What this means politically, political tolerance in while the open warfare of is that, intentionally or KwaZulu-Natal and all 1994 has gone, political otherwise, the practice and political parties, especially violence and intimidation discourse of violence the IFP and ANC, have continues in some rural areas reinforces the status of the repeatedly and publicly on the fringes of, or beyond, IFP and ANC over other affirmed the importance of a the gaze of the media. parties. Only they practice it free and fair election. This Uneven in spread, irregular and only they can end it. culminated in the signing of over time, and less frequent Violence binds the the IEC Electoral Code of than ten years ago, violence successful governance of Conduct in Pretoria on 01 is often driven by the paid KZN to rapprochement March. assassin or clandestine between the ANC and IFP, network. The age of the opposing the new political However, not everyone party ‘defence’ or relationships paraded in agrees on the precise nature ‘protection’ unit has passed election campaigning with and extent of political as intimidation has been this more enduring and violence. The majority view outsourced. sordid affair. is that violence has consisted of public confrontations While the extent and nature The Practical Impact of between ANC and IFP of violence may have Violence supporters over election changed, the purpose related events such as the remains the largely the same: There has been extensive ANC rally near Tongaat. political control. Violence debate in the media over the Furthermore, these are cast restricts party access to significance of violence in as spontaneous conflicts areas, dictates voter choice KZN in the run-up to the driven by local people. and compels turnout on election. This debate has election day. It may be no been marked by both The dissenting view, posed worse than 5 years ago, but it consensus and disagreement. by some violence monitors, remains anathema to is that in addition to the political freedom, and Everyone agrees that there above incidents, violence testimony to a lack of will not be the large-scale also consists of assassination transformation in the justice and organised violence of and unprovoked attack in

22 Election update 2004 south africa number 4 rural areas, particularly in ANC will be won by The Ideological Impact of the north of the province, in campaigning on the ground, Violence places around Eshowe, especially by the party which Empangeni, Kwambonambi, is better able to get its As I argued in the last Dundee, Nongoma, Nkandla supporters to the polls. Here edition, violence and and so on. violence and intimidation are intimidation have been the powerful tools. If one side is major concern in the media These attacks and able to exert control over its despite the fact that the assassinations tend to take ‘supporters’ in these ways it ANC/IFP race is the closest place in areas beyond the will have a clear advantage. ever. Moreover, the tone of media gaze. They have been media coverage is often one ongoing for some time and It also has direct implications of reproach of political are often unprovoked. The for security. Not only might parties for visiting violence intent is to create a climate the province require more on KZN again. I suggested of fear and so compliance. security than many assume, that the latter reflects a Further, these attacks are not but security forces should burgeoning disillusionment simply local conflicts, but come from outside troubled with parties and politicians, a are often propagated by areas. If it is the case that sentiment that may manifest many of the same people local police are complicit in, itself in future elections. involved in violence in 1994, or incompetent at dealing drawing on old networks of with, violence then only In the short term however, support which extend into outside forces can guarantee the talk of violence suits the police and criminal a free election. both the IFP and the ANC, justice system. albeit in different and limited ways. For the ANC the This second account is Whether or not a more reality of violence is a bad typically dismissed as secretive form of violence thing for its access to new alarmist, but it is worth persists in KZN is not a voters and for the image of remembering that this view debate I can resolve here, its government nationally is held by people who are although it is my view that and internationally. doing research into violence, commentators should listen However, talk about violence and not just relying on media carefully to those who is an altogether different reports. It would be foolish monitor. It is also thing for the party, as firstly, to reject informed opinions noteworthy that with this talk reinforces the out of hand. Operation Fly Fox, the association of violence with national government has the IFP, while secondly, If true, what does this mean deployed extra security from portraying the ANC as both for the election? On the one outside KZN in many a peaceful party and the only hand nothing much. Both troubled areas (Ulundi, party able to bring peace to accounts of violence in KZN Nongoma, Mahlabathini, KZN. hold that election 2004 will Estcourt, Tongaat and be as free and fair as any to Greytown), a move The ANC has been very date, if not more so. On the consistent with the dissident successful in propagating other hand, they differ about view. Of what I can be more this message – one only has how far KZN is from certain is the seldom noted to remember Mbeki’s political freedom. ideological use to which comments at the ANC violence is being put in launch – and many in the This is directly relevant to election 2004 – an end as media have taken up these the election as, in my view, important as coercing some views. A classic example the race between the IFP and votes. was the coverage of the IEC

23 Election update 2004 south africa number 4

Code of Conduct. Although more the party declares for From 1990 to 1994 the IFP’s signed by all parties peace, the more it reinforces negotiation strategy centred contesting the election, the view of it as the on upping the costs of its SABC and ETV news significant player in KZN exclusion from bargaining. broadcasts picked out violence. Inadvertently, it is This reached its climax in Buthelezi’s signing and playing right into the ANC’s the build-up to the 1994 comments as the significant hands. election where the party tried ones, reinforcing the to show that there could be association between the IFP However, there is one sense no election in KZN without and violence. Of course, in which talk of violence its consent. After 1994 the whether or not this is true is suits the IFP, and that is to ANC has consistently looked beside the point here, what remind the ANC of the costs to include the IFP in power- matters is how the ANC can of excluding it from power. sharing arrangements to use the threat of violence to Thus, while it may sit prevent this kind of politics its advantage. slightly awkwardly with its re-appearing. Thus the threat public pronouncements on of violence remains an That the IFP is aware of the peace, the occasional important incentive for costs of being publicly confrontation between IFP particular power-sharing associated with violence, and ANC supporters is arrangements, and will particularly for potential useful in illustrating continue to be so after supporters, is reflected in the precisely what is at stake if election 2004. consistent and repeated calls the ANC plays it coalition for peace by party cards. leadership. However, the

FOCUS ON politically motivated information. 2 Violence has POLITICAL murders and injuries grow. also erupted at various Five African National political rallies in the VIOLENCE IN Congress (ANC) members province. In Wembezi KWAZULU-NATAL have been reported murdered Township near Estcourt in the Umkhomazi, conflict between ANC and Shauna Mottiar Umkomaas and Umlazi areas IFP supporters over a rally Independent Political while the chairman of the venue culminated in a stone Analyst Inkatha Freedom Party (IFP) throwing and shooting Njijikazi branch was incident which left seven Free and fair elections reported to have been people injured. The two depend on citizens being gunned down and killed for parties were quick to shift able to vote equally and political reasons.1 A further the blame to each other. An participate effectively. These nine killings in various parts ANC spokesman argued that criteria are seriously of Umlazi are rumoured to the ANC had booked the hampered by political have been politically Wembezi Community Hall violence and intimidation motivated but this remains for its rally well in advance both of which have in the unconfirmed by police who but had been ‘elbowed out’ past been rampant in hold that the shootings were at the last minute by the IFP KwaZulu-Natal. crime related – they have led municipality of the area. offered a reward for any He also claimed that IFP Fears of recurring political supporters began stoning violence in the province 1 Makhanya, P, “Troops Fan Out abound as reports of in KZN”, Mercury, February 25 2004 2 SABC News, January 24 2004

24 Election update 2004 south africa number 4

ANC supporters and then of campaign trails, defacing mediating between political suddenly opened fire on or removing posters parties in cases where them. An IFP spokesman belonging to other parties tensions are seen to be rising. denied this, claiming that and the intimidation or Brigalia Bam Independent people wearing ANC T- destruction of party T-shirts Electoral Commission shirts attacked IFP stressing that it would result chairperson has suggested supporters and injured six of in violence.5 that the panel be increased them. 3 An ANC rally in from its current membership Tongaat was also the scene Further to the signing of a of twenty panelists to of violence when a Code of Conduct, security introduce a system of confrontation between rally forces have been deployed in observers at election rallies attendants and local IFP the province as part of an in the province. supporters erupted into stone initiative to curb political throwing which left several violence in various ‘hot Analyst Makubetse people injured. It seems that spots’ and to eliminate the Sekhonyane from the local IFP residents had notion of ‘no go’ voting Institute for Security Studies declared Fairbanks in areas.6 The initiative is a argues that political violence Tongaat an ANC “no go” partnership between the in the KwaZulu-Natal area. The crowd had to be South African National province before 1994 could dispersed by police who used Defence Force and the South be attributed to a threat to the a water canon. 4 African Police Services and authority of traditional is targeting Nongoma, leaders, the In response to growing fears Ulundi and Mahlabathini as institutionalisation of throughout the KwaZulu- well as areas which have so warlords, government Natal province regarding far in the run up to the 2004 sponsored violence, the violence and intimidation election experienced supply of arms and military during the 2004 election, violence such as Tongaat and training to IFP aligned representatives of all the Estcourt. The initiative’s KwaZulu police and turf major parties in the province aims are to seize as many wars between the ANC and signed a Code of Conduct illegal fire arms as possible IFP. Sekhonyane adds that for elections at a ceremony and it is hoped that the current rising political at the International increased police presence violence in the province is Convention Centre in will make communities feel more about controversy Durban. Political party safer. surrounding communal land, leaders committed the location of the provincial themselves to ending the A mediation panel has also capital and the capacity of advent of ‘no go’ voting been set up in an attempt to security forces to deal with areas and voter intimidation. curb political violence in violent crime. He contends ANC provincial leader S’bu KwaZulu-Natal. The panel that people are “war weary” Ndebele stated that civil comprises members of civil and that many ANC and IFP liberties had in past elections society organisations, supporters have been left been violated owing to the lawyers and religious leaders feeling suspicious and levels of political intolerance who are tasked with betrayed after those involved in the province. IFP monitoring ‘hot spots’ and in killings during the height chairman Lionel Mtshali of the political violence were discouraged the obstructing charged and convicted for 5 Madlala, B, “Clean Fight Pledged”, Saturday Independent, their crimes. For 3 Goldstone, C, “Cops Escort Kids February 21 2004 Sekhonyane, people in to School after Shootout”, 6 Makhanya, P, “Troops Fan Out KwaZulu-Natal are not as Mercury, February 10 2004 in KZN”, Mercury, February 25 easily stirred to violence as 4 Mercury, February 9 2004 2004

25 Election update 2004 south africa number 4 they used to be and are now, Mtshali of making Sexwale, CEO of Mvelaphanda with the advent of the statements inflaming Holdings, to ask for funds for coalition government, more political tension in the their respective parties. accustomed to approaching province – he was referring ‘We are no longer throwing stones at F.W. Instead, we are government with their to Mtshali’s claims that throwing funds,’ Sexwale said, concerns rather than police had not done enough adding that when he wa resorting to violence. This is to prevent political violence approached to give money to compounded by the fact that in KwaZulu-Natal. the NNP, he didn’t at first the IFP has concerned itself know what to do. ‘But today I more with service delivery Response from the ANC decided to cross the Rubicon,’ and development as opposed concerning political violence he said, a pointed reference to to focusing on political has come from Thabo Mbeki de Klerk’s predecessor hegemony. According to o claimed that any ANC P.W.Botha, whose defiant 1985 Sekhonyane the continuing member involved in election Rubicon speech promised challenge in the province is a violence and intimidation major reforms but never weakness in policing and the would be dishonourably delivered them. Supporting a frial-looking high incidents of police expelled from the party. The Mandela, de Klerk said: involvement in violence and IFP’s Musa Zondi concurred 7 ‘Madiba and I have joined crime. but added that this was not forces to ask the private sector enough and that the ANC for funds. We are not in an It would seem that a further and IFP needed to diffuse alliance, and I do not support challenge for the province is ground level tensions by the ANC, and he does not the commitment of its having its leaders tour areas support the NNP, but we are political leaders in ensuring ravaged by political violence co-operating for the sake of the freedom and fairness in the and drive home the message democratic process. We have a run up to the election. This is of tolerance. Zondi added strong friendship, which we particularly so in the case of that this was a strategy thought we could use to raise the ANC and the IFP who envisaged in 1991 that had funds for a better South are running a very tight race been derailed – the formal Africa… and fortunately Tokyo decided to give us funds’. in KwaZulu-Natal and ANC response to this is that Neither party would reveal how whose coalition agreement no such proposal has been 9 much Sexwale’s company had has become blurred. put to it by the IFP. donated, but Sexwale, who said Notwithstanding the above that he had also been mentioned election Code of approached by the Pan NEWS FLASH! Conduct pact, tensions Africanist Congress, joked that between the two parties are SEXWALE GIVES his wife, Judy had been nervous obvious. After the signing of ELECTION FUNDS TO about not having enough the pact, Mtshali refused to NNP money to pay their children’s shake Ndebele’s hand for a school fees after the two Nobel Tokyo Sexwale has crossed the Peace Prize winners’ collection press photo stating, “I don’t Rubicon. Sexwale, a tycoon 8 outing to their home. want to be a hypocrite”. who is former Robben Island Sexwale said: ‘My heart is with Relations between the two prisoner and ex-Gauteng the ANC, but we are here to parties soured after Safety premier, was asked by F.W.de support the democratic process. and Security Minister Klerk to donate money to the On the 10th anniversary of Charles Nqakula accused New National Party. And he South Africa’s democracy we did. Both de Klerk and Nelson are sending a strong message to Mandela went cap-in-hand to 7 Sekhonyane, M, “Wave Goodbye to the country. We have travelled the War Lords”, Sunday Tribune, a long way from 1994 to 2004’. February 22 2004 Excerpted from The Star, 17 March 2004 8 Ayob, Z, “Mtshali Won’t Shake on 9 Harper, P, “We’ll Expel the Peace”, The Witness, February 21 Warmongers Parties Promise”, Sunday 2004 Tribune, February 29 2004

26 Election update 2004 south africa number 4

FREE STATE

POLITICAL Merwe and Judge Hussain. · securing and VIOLENCE AND They were there to witness safeguarding of polling the pledging of political stations and registration INTIMIDATION, parties and also to receive points; THE ROLE OF the signed Code of Conduct, · escorting of vehicles that SECURITY at the end of the ceremony. transport and carry FORCES The churches were also election material; represented and they blessed · securing and Dr. KC Makhetha the occasion through prayer. safeguarding premises University of the Free State where meetings will be As final preparations were held; The election of 14 April being done, the Dog Unit of · identification of any for 2004 brings with it loads of the Police Service, took the of threats that will positive energy, to celebrate responsibility of ensuring the destabilise the free and and promote peace and safety of the venue and fairness of the elections; harmony. The name says it surrounding area. The dogs and all, Free State. An election sniffed around and the police · deployment of Visible free of violence and were more visible, giving Policing, Detectives, intimidation is speculated protection to all attending the ACCU, Dog Units, and there is clear event. This on its own, Explosive Units, commitment from all sectors. showed the commitment of Reservists and Crime the SAPS towards providing Intelligence” security throughout the The Free State province election period. Even though This commitment was woke on the morning of 5 there was no possibility of April 2004, with a clear clearly shown, even at the violence and intimidation, it purpose; to give assurance signing of the Code of was still crucial to be that the upcoming election Conduct on 5 April 2004. proactive by being present. The police and the military will be free and fair. All stakeholders were there to contingent were there to Security forces play a crucial show their support and bind themselves formally. role during this period, and Among these, were MEC’s partnership. their presence should be felt from the provincial everywhere - where there is The issue of security was government, the Premier of electioneering or any other dealt with thoroughly, in the the Free State, Winky related activities. They have Free State. Before the Direko, the representatives a clear purpose, well political parties could make from the South African articulated in a document their pledge, the CEO, Adv. National Defence Force that was handed over to the Pansy Tlakula gave a short (SANDF) and South African Provincial Electoral Officer message. In her message, she Police Service (SAPS), the (PEO), Chric Mepha in encouraged political parties business sector, political October 2003. In this and their members / parties representatives and document, SAPS, in 2003 supporters to abide by the civilians. The CEO of the stated that: rules. She said, “elections are Independent Electoral an important contest” and for Commission (IEC), Adv. “The SAPS must safeguard credible results, rules have to Pansy Tlakula, was there, the election process to ensure be binding. The Advocate accompanied by a free and fair election. This made all attending aware that Commissioner S.S. van der entails the following: failure to abide by the rules

27 Election update 2004 south africa number 4 would be followed by legal understanding. There is have wisdom and therefore consequences. She referred willingness to go an extra support free and fair the political parties to the mile and the preparedness to elections. Code of Conduct in the share. This is the situation in Electoral Act. This means, the Free State. The gates and PAC: “People are building acts of violence, destruction hearts of the farming the future with us”. The of property, intimidation and community have been party promised to appeal to unauthorised removal of opened thus enabling its members and supporters posters, will not be political parties to campaign to abide by the Code of acceptable. She also freely. Political parties in Conduct and they will also appreciated the co-operation turn, pledged to abide by the accept the outcome of the received from political rules indicated in the Code election. parties. of Conduct. They gave assurance that there would UCDP: They pledged to give Of the twelve (12) parties be no areas treated as ‘no- co-operation and they registered to contest the go’ zones. The church, the provided confirmation that at upcoming elections, one Free State government, no stage will their followers party did not pledge and sign political parties and the be involved in unruly the Code of Conduct. There society will be working behaviour. was no representative from tirelessly, to promote the Inkatha Freedom Party tolerance. It was very clear at UDM: The party indicated (IFP) attending the this point that, the that it supported free and fair ceremony. responsibility to create a election. conducive climate rested not As the main occasion of the solely on the IEC, but on all FF+: The representative ceremony approached, stakeholders. A culture of indicated that IEC is the Bishop Thomas Stanage, taking responsibility is in the referee and political parties, who was assigned the process of being cultivated the players. Therefore, IEC responsibility of co- and in this way democracy and the media were expected ordinating the signing will thrive, and deepen. to ‘level the playing fields’. process, spoke about The party said that it tolerance, discipline and Pledging of Political reserves the right to intelligence as gifts from Parties complain should the God to humanity. He situation not be as expected. pleaded with all attending, to Political parties came one practice these during the after another, to pledge and ANC: The party is 92 years period of elections. He also sign and this is what the old and the representative condemned dictatorship and representatives said: stressed the fact that there is the authoritarian rule, and a load of experience behind also warned political parties ACDP: The representative the ‘92’. The party referred about decisions made on said their logo indicate that to itself as “the authors of emotion, as they may be they are positive and biblical this democracy” and have dangerous and destructive. values form their basis. The interest in deepening and He concluded by mentioning party will be contesting broadening it. The party is that this period demands elections to take prepared to put more effort intelligence, sensitivity, responsibility, not power. to ensure free and fair responsibility and humility. elections. When people work towards a NNP: The party is 90 years common goal, there is old and the representative AZAPO: The party stated mutual support and emphasised the fact that they that it is gender sensitive and

28 Election update 2004 south africa number 4 supports transparent, free women in the Free State? and fair elections. Are they hiding or hidden? Women should not DPSA: The representative intimidate themselves or congratulated other parties even allow anyone to put for the spirit of goodwill. them in a corner. South The party pledged to devote Africa is in the process of all its energy towards free deepening democracy and and fair elections, and women should feel safe and concluded by saying a prayer protected, to an extent of for the upcoming elections. taking leadership roles.

DA: The party pleaded with In conclusion, political other parties to give parties rose to the occasion assurance that there will be and brought with them, great no intimidation. The party senses of humour. There is a representative also clarified strong willingness to work the importance of IEC and together for a common good, the role of well-trained party irrespective of their agents as watchdogs. The differences. That is the Free party expressed he State for you! willingness to work with other parties. ID: Here the emphasis was on leadership being in the hands of women. The party encouraged other parties to focus on campaigning and to contribute to ensuring free and fair elections.

This was the very interesting and emotional part. The contest has begun!

When all political parties had pledged and signed the Code of Conduct, there was a strong celebratory spirit evident at the ceremony. Political parties felt free to express themselves and they stood side by side, despite their divergent ideologies.

It is important to note that, among these party representatives, only one party was represented by a woman. Where are the

29 Election update 2004 south africa number 4

ELECTION 2004 Conduct (CoC) and South party to respecting the FREE, FAIR, NON- Africa is no exception. principles of free and fair VIOLENT AND campaigning by all parties WITHOUT Section 99 of the Electoral and candidates, including the INTIMIDATION? Act, 73 of 1998 makes right to hold meetings, to provision for the existence of recruit members, to erect an electoral CoC that must banners and advertisements Angelique Harsant and be subscribed to by every and to distribute electoral Willem Ellis registered party and every materials. Parties are further University of the Free State candidate to the general required to publicly election. In Schedule 2 of condemn any actions that 1. Introduction Act 73/1998 the purpose of may undermine the free and the COC is described as fair conduct of the election. During the past decade of promoting conditions that Prohibited conduct under the democracy in South Africa, are conducive to free and fair CoC includes among others, the Free State has built a elections, including: the use of inciting and reputation as a peaceful and · Tolerance of intimidatory language; tolerant society, practising democratic political intimidation of candidates responsible electioneering activity; and and party representatives; and respecting the rights and · Free political plagiarising the symbols of freedoms of the variety of campaigning and other parties; inducing political parties representing open public debate. persons not to vote or attend its citizens. Currently there specific meetings and the are no serious indications The success of the CoC has carrying or displaying of that the 2004 general been measured in terms of a arms or weapons at political elections in the Free State decline in complaints meetings, marches and will be any different. regarding intimidation and rallies. The defacing and However, in the light of new violence lodged with the destruction of posters, parties participating in the IEC, from 3558 in 1994 to billboards or placards of any province, alliances forming 1032 in 1999. In order to party is also prohibited18 . and disintegrating and new build a culture of joint leadership figures coming to responsibility by the IEC and On Friday, 5 March 2004, 12 the fore, it is always political parties, facilitation political parties represented important to ensure that the mechanisms such as the in the Free State committed security of the democratic conflict management themselves to “free” and process and of the voters and committees (CMCs) and the “fair” elections by signing institutions is assured. This party liaison committees the IEC’s CoC in contribution will briefly (PLCs) were designed to Bloemfontein. The following review the measures in place complement the CoC17. In parties were signatories to ensuring a secure and open the Free State both the PLC the Code (Representatives election environment in the and the CMC have been are listed according to the Free State. established and have held format of the provincial 19 The Electoral Code of meetings to ensure that the ballot papers agreed upon) : Conduct principle of Free and Fair 1. Justice Moloabi (UCDP) elections is up-held. 2. Benjamin Baleni (UDM) It has become common 3. Abrie Oosthuizen (VF+) practice in many SADC The signing of the CoC by a 4. Casper Nordier (ACDP) countries to include political political party binds that parties in the electoral 18 process through a Code of Act 73/1998 17 Pottie, 2004: Internet 19 Coetzee & Slabbert, 2004, p.6

30 Election update 2004 south africa number 4

5. Casca Mokitlane (ANC) CoC and take serious TELKOM, NIA (National 6. Mzimkulu Ndweni action against Intelligence Agency) and the (AZAPO) officials violating the Department of Home 7. Andries Botha (DA) CoC20 Affairs. The Free State 8. Moeketsi Lebesa election JOC was formed on (Dikwantkwetla-party) The signing of the Electoral 24 February 2004 and will 9. Maria Moeng Code of Conduct (CoC), meet again on 17 March. (Independent Democrats) whether on a national or 11. Pierre Bruwer (Nasionale provincial basis, has become The NIA plays an important Aksie) a major media event over the role in gathering information 12. Inus Aucamp (NNP) past years. The signing regarding possible threats to 13. Moshoeshoe Likotsi ceremony is one of the few the election process in the (PAC) events running up to the province. Particular threats It was interesting that the election where the leaders of have already been identified IFP, listed 10th on the list, all parties are gathered in but cannot be shared due to was not present on the 5 one place, pledging their the sensitive nature of the March to sign the CoC. parties’ adherence to the information. The SAPS will principles of free and fair react to specific threats by It is clear that the CoC could elections. deploying more SAPS have a major impact on the members to that locality. behaviour of candidates and The Role of the Security During election time the parties during the whole Forces SAPS will only grant election period but certain members leave in prerequisites need to be met The involvement of the exceptional circumstances for it to be successful. Some security services in all its and extensive use will be are included in the guises is of the utmost made of SAPS reservists to following: importance in ensuring an beef up manpower. · Public understanding environment conducive to Approximately 32000 police for the need for free electioneering and a fair members or more will be political tolerance is electoral process. The South deployed nationally on the crucial for peaceful African security services 14 April 2004 aiming at elections; have done sterling work placing two officers at each · Ongoing civic during the past elections and one of the 16000 nation-wide education by all will once again be heavily polling stations 21. In the Free stakeholders is the involved in the 2004 State, at least one member of only effective tool for elections. the SAPS will be present at building this every polling station, with tolerance; The interventions of security more members concentrated · The signing of the services are co-ordinated in at possible trouble spots. CoC by party leaders Joint Operational Centres SAPS specialists will sweep can be useful (JOC’s) on national, voting stations for explosives statement of intent, provincial, area and South before the start of the but does not always African Police (SAPS) election on 14 April. The build tolerance on the community centre level. The property of the IEC will be ground; following role-players are guarded by a private security · Parties should represented on the Free State organisation in order to leave educate their leaders, election JOC: IEC, SAPS, more SAPS members free officials and SANDF, ESKOM, for other duties. members regarding

the provisions of the 20 Camay & Gordon, 2000, p.327). 21 Michaels, 2004:Internet

31 Election update 2004 south africa number 4

SAPS members have not yet Plus in the Free State, lodged particular Welkom; a ANC been trained in specific an official written request to stronghold. In the same election related skills, but the IEC to ensure that week President Mbeki such training could take security measures were in visited Botshabelo just place before the election. place at polling stations, outside of Bloemfontein and Members are thoroughly especially in the rural areas. went from door to door to briefed, however and SAPS Mr Oosthuizen said that he explain the ANC’s slogan of members place great feels that every person a ‘peoples contract’ to the emphasis on the importance should be given an equal people at grass roots level 26. of a-political conduct.22 chance to vote and that the election could not be Update!!! Possible Violence and regarded as free and fair in Intimidation the absence of decent 24 The Department of security measures Correctional Services in the There is an atmosphere of Free State and Northern caution regarding violence In a weekly internet Cape are working together and intimidation during the newsletter of the ANC, with the IEC to ensure that 2004 elections both President Mbeki sharply prisoners in the two nationally and provincially. criticised the IFP-DA’s provinces are registered. A President Thabo Mbeki has “Coalition for Change” 25 correspondent, Johan called for peace during the campaigning tactics . The Massyn, reported that there election and has also issued a tensions between these were approximately 21 000 strong warning that security parties are being closely prisoners in the 28 Free State forces will not hesitate to monitored by security forces, and 12 Northern Cape take action against political especially in Kwa Zulu- prisons. These numbers are violence and intimidation. Natal. Due to the recent not final and are subject to Safety and Security Minister tension and violence in Kwa change as prisoners are taken Charles Nqakula stated that Zulu-Natal speculation has it into the system or released. the government would that the possibility exists of a Approximately 4600 of these “mobilise all resources spill-over of the political prisoners are awaiting trial available” to ensure tension into the Eastern Free and have already been peaceful, free and fair State (Vrede) and the 23 registered. The Department elections from the IEC Goldfields area (especially of Correctional Services and stated that “people are Welkom), where the IFP has the IEC are aiming to growing weary of violence some support. All eyes were register prisoners before 9 and do not wish to sacrifice on the Free State as these April and assist in the their lives in order for parties start their national issuing of ID documents27. another to take a seat in campaigning road shows. During Mr. Tony Leon’s parliament”. Despite the With six weeks to the (DA) campaign visit to the signing of the CoC, elections the Free State was Free State he responded to opposition parties have visited by leaders such as the constitutionally indicated that there is President Mbeki (ANC), Mr. formulated decision to give concern about violence and Buthelezi (IFP) and Mr Leon prisoners voting rights by intimidation in the up- (DA). Mr Buthelezi and Mr stating that he disagrees with coming elections in the Free Leon conducted a joint visit this finding and that only State. Mr Abrie Oosthuizen, to the gold fields and in those prisoners who could leader of the Freedom Front not pay bail and were

24 22SAPS. 2004: Interview Coetzee, 2004d:, p.2 23 Msomi, 2004a:Internet. Brigalia 26 Msomi, 2004b:Internet. Bam 2004: Internet 25 Joubert, 2004, p.2 27 Coetzee, 2004, p. 4

32 Election update 2004 south africa number 4 awaiting trial should be Coetzee, G. 2004d. VF+ vra beter toesig in stemlokale. Die allowed to vote. Volksblad. 6 Maart, p 2. Coetzee, G. and Slabbert, A. 2004. Newcomers to the political Volgorde van politieke partye scene in the Free State, the bekend. Die Volksblad. 4 Maart, p. Independent Democrats (ID) 6. Joubert, J. 2004. Mbeki verwerp have published their bewerings dat hy derde termyn wil candidate’s list for the dien: Stel visier op DA en IVP in coming elections. It reads as weeklikse internetbrief. Die follows: (1) Me. M Moeng; Volksblad. 6 March, pp:2. (2) Mr. R Niemand; (3) Me. Michaels, J. 2004. Government issues poll violence warning. R Ridgard; (4) Mr. J http://iol.co.za. Nocanda; (5) Dr. H van Msomi, S. 2004a. ANC unleashes Niekerk; (6) Mr. P election ‘storm’. Ramabodu; (7) Mr. T Msomi, S. 2004b. DA and IFP Coetzee; (9) Mr. M launch their coalition in Soweto Mphanya; (10) Me. S van today. der Sandt; (11) Mr. F Jonker; Msomi, S. 2004. Security forces to pour into Kwa Zulu-Natal. The final lists of the ANC on the list followed by the SAPS. 2004. Interview with speaker, Mr. M Dukoana and Superintendent A Wrensch of 29 Mrs. C Lobe Communication & Liaison Services, SAPS on 8 March 2004. South Africa. 1998.The Electoral References Act 73 of 1998. Pretoria: Government Printers. Bam, B.2004. Voters grow weary of violence: Bam. http://iol.co.za Speculation regarding the Camay, P. & Gordon, A. 2000. The People have Spoken…A absence of the IFP during the Review of the 1999 South African signing of the electoral CoC Election. Co-operative for is rife. The province trusts Research and Education. that this absence will not Coetzee, G. 2004a. Vrystaatse lead to a heightening of the ANC-lyste vir verkiesing bekend gemaak. Die Volksblad. 2 Maart, political temperatures in the p. 2. Free State. Coetzee, G. 2004b. Gevangenes geregistreer. Die Volksblad. 5 Maart, p. 4. Coetzee, G. 2004c. Só lyk OD se candidate vir Vrystaat. Die Volksblad. 5 Maart, p. 9.

28 Coetzee, 2004c, p. 9 29 Coetzee, 2004a, p. 2

33 Election update 2004 south africa number 4

WESTERN CAPE

POLITICAL apartheid. In the 1980s supporting the National VIOLENCE AND violence and intimidation Party and Africans, the between political ANC. For the Democratic INTIMIDATION IN organisations, though not on Party and the National Party, THE WESTERN the scale of that in KwaZulu- African townships were CAPE Natal, was rife. This violence basically off limits, ‘no-go WHERE? was primarily between areas’, for campaigning. United Democratic Front Intimidation, too, was rife Dr. Cheryl Hendricks (UDF) supporters and and took a variety of forms. Centre for Conflict AZAPO members. UDF In the general insecurity that Resolution supporters often sought to always accompanies gain control over areas by transitions, scare mongering In the run up to the 1994 and limiting the space for mass was a common tactic. 1999 elections, one could mobilisation by other Coloureds and whites were have filled these pages with political organisations. Its instilled with the fear that if anecdotes of political banning of AZAPO at the blacks (read ANC) took over violence and intimidation in University of the Western the governing of the country the Western Cape. Now, one Cape was a case in point. they would be displaced. scans the newspapers in vain They therefore voted against for direct political party Crossroads, then a huge the ANC out of fear for their related violence or shanty town, was also racked future – a fear heightened by intimidation. Is this a good by violence in 1983 when the campaign messages of sign of the maturity of “witdoeke” (men wearing political parties contesting electoral party competition white armbands and head the elections in the province. in the province? Yes. What gear) went on the rampage. People were also coerced were the causes of violence The “witdoeke” were into voting for particular in the previous two generally older Crossroads political parties through peer elections? Why are we no residents who resented the pressure and existent power longer seeing the resort to control that UDF aligned relations. For example, farm political violence? What youth were beginning to workers were being other factors that are related assert in the area. These instructed by farm owners as to violence and intimidation vigilantes were supported by to how to cast their votes. on which we should be the police force in acts The dependency of farm focussing? similar to those of Third labourers on farm owners Force operations in Natal. In made them susceptible to The Western Cape has had addition the attacks against these practices. During the its fair share of political councillors, labeled sell-outs election itself, there were 40 violence and intimidation. In were also common. bomb scares but this did not the days of apartheid the deter the populace from state violently cracked down In the 1994 pre-election going to cast their historic on all opposition formations phase, local skirmishes vote. in the province. We all recall between Coloureds and the teargas and rubber bullets Africans transpired. These In the run-up to the 1999 that were often employed to marked the cleavages of the elections clashes between disperse political rallies. past and the political United Democratic Many people in the Western preferences that were to Movement (UDM) Cape sacrificed their lives in become the order of politics supporters and ANC the struggle against in the Cape, i.e., Coloureds supporters took place when

34 Election update 2004 south africa number 4 the UDM sought to canvas The results also indicate that economic aspects. Politics support in what was regarded of those who felt forced into has become normalised in as ANC territory. It was, voting for a particular party, South Africa and the however, the violent tactics the undue influence was formation of political of the People Against primarily exercised in rural alliances is testimony to this. Gangsterism Movement areas.30 For the Western Cape, it is (PAGAD) that made the pettiness of removing or headlines in international In 2004, we are in a defacing placards that fills newspapers in the period completely different political the columns of the between the 1994 and 1999 environment. South Africa newspapers these days – ‘the elections. Ostensibly a has experienced ten years of battle over the lamp posts’. movement to eradicate democratic rule and this has There is therefore no threat gangsterism, PAGAD resulted in the of political violence embarked on mass rallies institutionalisation of overshadowing events on 14 and guerilla warfare tactics processes required for ‘free April 14. usually employed by and fair’ elections. The liberation movements rather establishment of the IEC, the There is however, the threat than civil society passing of the Electoral Act, of crime and lawlessness that organisations. In 1998 there the implementation of an can impact the election were 68 accounts of pipe Electoral Code of Conduct, process. In the Western Cape bombs being exploded by training monitors and voter gangs control Coloured this group and their targets education drives have all townships on the Cape Flats. included restaurants, contributed to the relative The IEC has to be concerned synagogues, police stations, absence of political violence about the security of the staff gay bars and homes of and the concomitant administering the voting alleged gangsters. Even the deepening of democratic process as well as the late Dullah Omar, Minister governance. There is security of the voters at the of Transport had to vacate therefore little space for, or polling booths in these areas. his house after it was tolerance of, political It is also not known in what bombed. After a crackdown violence between political indirect ways, gangs on the group and the parties. intimidate people in subsequent arrest of their townships to influence their leadership, PAGAD In addition, ten years of voting behaviour. In a retreated. democracy has eliminated context of high the fears and tensions that unemployment, poverty and The elections themselves were prevalent during the lack of state delivery, gangs were relatively uneventful transition period and the have become a support and much more tolerance of differences that set political mechanism. This is opposition party parties apart pre-1994 have evidenced in the support campaigning could be now been substantially shown for gang leaders that discerned. In a survey reduced. There is actually far have been arrested in Cape conducted by the HSRC, in more consensus between Town. It is often joked that if 1999, 95% of their Western political parties on the they form a political party Cape sample believed that substantive issues of they could gain a substantial the elections were ‘free and governance, especially the portion of the Coloured vote. fair,’ 89% believed that their Gangs have become a means vote was indeed cast in 30 O’Donavan, M., 1999. “Election through which township secrecy and 98% confirmed Day Exit Poll,” ed., Yvonne residents get access to that they were not forced to Muthien, Democracy South Africa: resources in the new support a particular party. Evaluating the 1999 Election, economy of survival that Pretoria: HSRC.

35 Election update 2004 south africa number 4 prevails in these areas. It system that disempowers terms of protection and may not be the political people should be of far social welfare. violence between parties that greater concern. Gangs have is the issue that should become the organisations to concern us within this which these people look for election. Rather, the issue of the support that the state the violence created by a should be providing, both in

EASTERN CAPE

POLITICAL intimidation in South Land Issues VIOLENCE AND African electoral contests, the situation has never been The land issue has recently INTIMIDATION serious enough to derail the been put sharply into focus An Assessment of exercise. Serious political by the threat from the Risks to the violence in 1994 occurred Landless Peoples Movement Electoral Process (LPM) to invade and occupy mainly in the province of KwaZulu Natal and, even white farms on election day Dr Thabisi Hoeane if their grievances are not Rhodes University here, it can be argued that it did not get out of control. addressed.

Introduction Violence was reduced A march was held to this significantly in 1999 and effect in Bisho, the The level of political despite some incidents being provincial capital in the first violence, intimidation of recorded there is really no week of March where a voters and the role of indication that it will rise to memorandum was handed security forces in an election serious levels this year. over to the provincial are crucial factors to government. consider in assessing the In most provinces, political success of an electoral violence has been minimal. The government has process. The three issues are This is also true of the emphatically warned that it interrelated, as the level of Eastern Cape, which has will not tolerate any violence and intimidation is been free of this problem in incidents of this kind and largely dependent on the the past. will use the full might of the response, preparedness and law to prevent them.The determination of the security likelihood of this problem forces to deal with the The Current Situation spiraling out of control is problem. minimal given that it does

The current focus of election not appear that the LPM has This article analyses the widespread support around security scenario in the campaigns is national and this to an extent hampers the province. Eastern Cape by engaging three possible avenues from assessment of how the This issue should also be which threats may arise: the process will turn out in the linked to the national land issue, traditional affairs province. However, there are situation by pointing out that and inter party rivalries. sufficient pointers to make despite serious misgivings preliminary comments around the pace of land Background around the main issues that reform in South Africa, there may have an impact on the Despite the popular image of are no indications that this is holding of a successful becoming a serious national serious political violence and process. problem.

36 Election update 2004 south africa number 4

The contentious issue Significantly, a three-day for ordering it to remove its provincially, is whether to conference was held at the election materials from extend the 1998 cut off date end of February around these municipal posts. The council to allow people who failed to issues, including their right objected on the basis that the do so, to lodge land claims. to administer land. The DA has done so without The provincial government conference included asking the permission of the has estimated these will cost representatives of provincial council which is in about 1 billion Rands, government (land, housing, contravention of municipal although the campaigners traditional affairs), laws. say they will be traditional leaders and six approximately 12 billion other provincial Much more seriously, after Rands. stakeholders. the announcement of the election date, the major This followed the The national government, parties complained that that promulgation of national through the Land Affairs their posters had been legislation on traditional Minister, Thoko Didiza has removed illegally, defaced or leaders and the conference in the meantime stated that it destroyed. The African was intended to actualise its is considering extending the National Congress (ANC) implementation in the claims period for six months noted that its posters were province. removed from the northern and this may serve to appease many claimants and areas of Port Elisabeth while Importantly, the most others were torn and reducing the possibility of powerful organisation of violent action. damaged. traditional leaders, the Congress of Traditional The DA also made the same Traditional Chiefs Leaders of South Africa accusations that its posters (Contralesa) has endorsed have been disappearing from The other manner in which these efforts. It especially lamp posts throughout East serious disruptions could commended the Land Rights London. Similarly, the affect the electoral process in Legislation, which is meant United Democratic the province could emanate to restore some powers to Movement (UDM) from traditional leaders if chiefs. complained of its election their grievances are not met material being defaced in the Inter Party Rivalry and they mobilise their city. followers. Although presently at a low ebb, a series of incidents However, these appear to be There have been serious have been recorded with isolated incidents and have tensions between traditional regard to the election not been recorded at high leaders and the government materials of political parties. levels. For example, the over the rights of the latter, This might see tempers ANC complained about three which is a problem that is flaring in the province. posters out of the 20 it had also playing itself out at the put up, whilst the UDM national level. Indications, The first row erupted even complained about the however, reveal that there is before the announcement of defacement of one of its substantial movement the election date when the billboard. towards a achieving a Democratic Alliance (DA) compromise between the criticised the African Political parties have government and traditional National Congress (ANC) nationally committed leaders. led Nelson Mandela themselves to conduct the Metropole in Port Elizabeth election in an atmosphere of

37 Election update 2004 south africa number 4 peace with the signing of was specialised training for registration in the province national peace accords. members of these forces that indicates, empathically, that These have been already could be deployed rapidly in voters are especially been signed in some conflict areas around the interested in the electoral provinces of the country but country.This unit will process. This means that still have to be extended to continue its training in most people are not apathetic the Eastern Cape. Bloemfontein in May. and are not dissatisfied with their lot. The danger of The Security Forces The Reasons Why seriously disaffected voters is that they may entertain The national government has One of the major reasons thoughts of disrupting an promised that it is adequately why the situation in the election. prepared to deal with any province is likely to be calm threats to the electoral is related to the nature of the The other reason pertains to process in all parts of the electoral contest. As in the the history of the province. country. The security cluster other provinces of the The Eastern Cape, unlike of ministries (defence, country, with the exception the Western Cape and intelligence, safety and of the Western Cape and especially KwaZulu-Natal, security) has noted that KwaZulu-Natal, the ANC is does not have a record of legislation regarding expected to win serious political fault lines, dangerous weapons, public overwhelmingly, given the which have resulted in gatherings and the election in weakness of the opposition. violence. The nature of general will be rigorously antagonism between the applied. In such a climate, the ANC and UDM, despite campaigns are not some clashes between their To this end, the Deputy contentious and thus members in the past, has National Commissioner of lessening the possibility of never been on the level of Police Andre Pruis, has disruptions. Fierce organised violence. indicated that he and senior campaigning will most officials of the ministry will probably occur in the former The visible threats of the visit all the provinces to homeland areas of the Landless Peoples Movement ensure that that the process is Transkei especially around (LPM) are not serious, as the implemented and Umtata, which is controlled organisation appears not to contingencies are in place. by the UDM, as the ANC have widespread support in has vowed to snatch this are Provincially, the most the province. Various media back into its fold. significant indicator that the reports have indicated that its security forces are gearing march to Bisho consisted of up for the election - although This is especially underlined a few hundred protestors. this was not stated as the by the fact that the UDM, the Thus on this basis, it is exclusive reason for the main challenger to the ANC unlikely that land invasions operation - was the holding has waned in power will pose any serious issue of a weeklong military provincially due to floor with which the government exercise at the end of crossing in 2003. This cannot deal. February in Grahamstown. scenario is buttressed by its The exercise involved over low profile in the province Conclusion 500 members of the Army having launched its and Air Force in the training manifesto in KwaZulu-Natal. The conduct of the election of South Africa’s first in the Eastern Cape is likely airborne unit. According to Closely related to the above to be peaceful because of the media reports, the exercise is the fact the levels of high maturity of political parties,

38 Election update 2004 south africa number 4

the lack of serious NEWS FLASH! contestation, the appeasement of traditional leaders, and the preparedness ANC WOMEN of the security forces to deal BEAT QUOTAS ON with any threats of POLL LISTS disruption. The Women’s League lobby in the African National Congress (ANC) has increased its representation to 40% on the party’s national election list, while improving to above the party’s stipulated quotas in the provinces.

The significant showing of women on the party lists, published by the Independent Electoral Commission for public comment on Friday [12 March 2004], has given the League considerable power. It brought the League closer to its objectives, set out at its National Congress last August , of achieving 50% representation for women in all party leadership structures and in government.

The party’s lists have a women candidate in every three names in the provincial lists, while the number of women increases progressively thereafter. The party has yielded to pressure brought to bear by its Free State membership, deploying premier Winkie Direko to the national list, together with her housing and transport MECs. By Hopewell Radebe Excerpted from Business Day, 15 March 2004

39 Election update 2004 south africa number 4

NORTHERN CAPE

No Complacency Northern Cape provincial they did not share the spirit in the Northern election. Most of the of the Code of Conduct. All registered political parties the parties that signed the Cape vowed to promote free and Code declared publicly that We are prepared for fair elections by signing the they were going to abide by anything Electoral Code of Conduct in the Code of Conduct. Even Pretoria. 1 The signing of the though, some politicians and Kenny Hlela code commits parties to a analyst doubt the value of Centre for Policy Studies peaceful election. The Code this exercise, its symbolic of Conduct was introduced value cannot be downplayed. Introduction before the 1999 election Whatever, the politicians say following the high incidents in public can be held against The election campaigning is of political violence prior to them by the most important gradually getting into top gear in the Northern Cape. the 1994 elections. The IEC people in the election - the received 3 508 complaints in voters themselves. The election posters are already lining the streets of 1994 and these included no- go areas and intimidation. Political Violence and major cities and towns in the But in 1999 there were 1 032 Intimidation province. This is one of the few regions in the country complaints and the IEC attributes this to the signing Since the inception of a that does not have its own home grown political parties. of the Code of Conduct. democratic government, the Northern Cape has been a There are twelve political It appears that most political very stable province. The parties that have registered to contest in the Northern parties support the spirit incidents of political behind the Code of Conduct. violence and intimidation are Cape’s provincial election. All twelve, except one, are The Northern Cape IEC has almost negligible. The also brought together those provincial IEC offices said going to contest the elections political parties that are that they have not received at both national and provincial. The Cape going to contest the election any serious complaints. The in the province to sign its only incidents reported are People’s Congress with headquarters in Cape Town provincial version of the those that relate to the Electoral Code of Conduct. removal of election posters. will be contesting the Ten of twelve political So far, about two or three elections at provincial level. It is only registered to parties registered to fight the complaints that have been provincial election were lodged and all relate to the contest in the Western Cape and the Northern Cape. present at the signing removal of party posters. ceremony. The two political However, those parties that

parties that missed the had lodged complaints have The Electoral Code of Conduct signing ceremony were the since failed to substantiate United Democratic these allegations. There are

According to the Movement (UDM) and the no charges that have been Independent Electoral Cape People’s Congress made against any political (CPC). However, this seems party. The IEC Manager of Commission (IEC), there are 22 political parties registered to be due solely to the lack Electoral Matters in the of resources and not that province, Elkin Topkin said to contest the national election. There are twelve that they do not anticipate any serious incidents of that are going to contest the 1 The Mail and Guardian, 01/03/2004.

40 Election update 2004 south africa number 4 political violence during this that need to be educated supporters live. The former period. about the rules of the game. black townships (both The role of the security Coloured and African) are The relative peace and forces is to enforce the dominated by the ANC understanding in this electoral Code of Conduct. posters and to a minor extent province could be attributed The IEC holds various the Azanian People’s to the proactive approach workshops with the South Organisation (Azapo). In followed by the local IEC African National Defence former white suburbs branch. This cooperative Force (SANDF) and the however, the lampposts are culture does not just start South African Police Service filled with the Democratic with the Electoral (SAPS). The fact that the Alliance (DA) and NNP Commission. The Northern incidents of political posters, as well as other Cape Executive Council has violence are almost non- traditional white parties. a programme called the existent has not led to Cabinet Meets the People, a complacency on the side of The lack of visibility of initiative that began in 1997, the Electoral Commission. political parties’ election which has been very They are very proactive and posters in areas that are not successful. It involves believe that if things were to their traditional support Executive Council members change they will be in a bases, might be as a result of visiting various communities position to deal with any lack of funds rather than the in the province, to detail incident that might arise. reality on the ground. government programmes. Political parties might be Political Party regard it necessary to first The provincial IEC has Campaigning exhaust their resources in established Party Liaison their traditional support areas Committees (PLCs) that It appears that most political before they can consider meet communities once a parties concentrate their other options. month. These involve efforts of campaigning to different role players, mainly those areas where their As stated earlier, political political parties. The IEC in traditional support is based. party campaigning is the province believes that In the past two national gradually intensifying. This these committees keep elections, the traditional is especially true for the parties informed and know black political parties broadcast media. The radio where the IEC stand on the focussed their campaigns in is currently dominated by the issues. They believe that the former black township, ANC. But this is likely to these act as institutions of and the posters that were change. The Independent political education. In most visible were those of Communications Authority addition, they have political the African National of South Africa (Icasa) has party agent training. Congress (ANC) and other allocated a free political Activities such as these help so-called black parties. In the advertisement and party and keep different interests former white areas, the election broadcast (PEB) on within communities well traditional white political the South African informed and could possible parties tended to dominate. Broadcasting Corporation’s prevent conflicts. Even though the radio stations. The parties demographics have been will be given 132 PEB slots The Security Forces gradually changing in the from March 9 to April 10. past ten years, it appears that Each PEB will consist of a The IEC in the province most parties still focus their two minute recorded believes that political parties attention in those areas message. The ANC has been are not the only role players where most of their potential allocated nine PEBs, while

41 Election update 2004 south africa number 4 other bigger parties such as a province that holds much way. The initiatives from the the DA, IFP, PAC, NNP, and value in terms of the number provincial IEC structures the Independent Democrats of voters it can offer. For the should be lauded. They have (ID) each received seven. moment, the province does not allowed complacency to The smaller parties and those not appear on the priority list give them a sense of false without seats in Parliament of the political parties that security but have engaged but registered were allocated are contesting the elections the security forces in case two PEBs per party. This there. anything happens in the will go a long way towards province. They also engage equity, thereby exposing There are two main factors the various political parties. voters to different options. that count against opposition This is reflected in the Since a number of smaller parties in the Northern Cape. number of people registered parties do not have the First, as stated earlier, due to for the election; despite the resources to embark on a low population concentration fact the province has major door-to-door election the province is not seen as a experience a negative campaigns, especially in priority. Second, the population growth. such a vast but least province has been run populated province. For comparatively well. References example, some voters will However, this complacency have their closest voting might work to the advantage BuaNews Online, 01/03/2004; station approximately 65 of the ruling party. Since, the http://www.gcis.gov.za/buanews/vi kilometres away. inception of the Northern ew.php SABC News, 06/03/2004; Cape government only four http://www.Sabcnews.com/Article/ Most political parties have so political parties managed to PrintWholeStory/0,2160,75320,00. far shied away from this get seats in the legislature. hmtl province, except for one. On These parties are the ANC, SABC News, 06/03/2004; 6 March 2004, Martinus van the NNP, DA, and the http://www.Sabcnews.com/Article/ PrintWholeStory/0,2160,75320,00. Schalkwyk took his party’s Freedom Front. It appears mtl election campaign to the that the status quo is likely to The Daily News, 04/03/2004 Northern Cape. He assured remain, with the ID making The Independent Electoral the coloured and white some inroads. Commission; voters that the NNP was the http://www.elections.org.za/news_ get.asp?NewsID=234 best party to address their Conclusion The Mail and Guardian Online, needs. It is clear that the 01/03/2004; NNP is not ready to go It appears that as the http://www.mg.co.za/Content/13.a beyond its traditional support Northern Cape is not seen as sp?ao=3199 base. The election posters a strategic province for any also show that most political party that seeks to have parties are content with influence in the affairs of the canvassing support where country; it is likely to remain most of their support is calm. There are unlikely to based. The other parties that be any disruptions during the will be contesting the election period. The lack of election in Northern Cape political related violence have not sent their leaders to cannot only be attributed to the province as yet. This its geography and population appears to be based partly to size; but to the willingness of the cost-benefit calculation government institutions to of political parties, where the engage with relevant Northern Cape is not seen as communities in a meaningful

42 Election update 2004 south africa number 4

MPUMALANGA

MPUMALANGa been putting greater efforts However, it is precisely such PROVINCE: in its preparations for this dangers of complacency and UNEASINESS BEHIND year’s elections than premature sense of electoral THE CALM opposition parties. As the triumph that the party electioneering process appears to be wary. In the Thabo Rapoo intensifies, the ANC’s absence of a strong electoral Centre For Policy Studies election strategy has also challenge from the unfolded. The party opposition, the ANC in announced its electioneering Mpumalanga is its own Active Campaigning Under strategy called the ‘voter worst enemy, and any Way outreach and mobilisation prospects for its current programme’ It involves enormous electoral Mpumalanga is not one of highly targeted house-to- advantage over the the hotly contested house visits by party heavy- opposition being lost would provinces. Unlike provinces weights including Minister be entirely of its own such as KwaZulu-Natal and of Land Affairs and making. A number of Western Cape where Agriculture, Thoko Didiza, considerations are explored vigorous political in specified high below to explain the ANC’s campaigning has been under concentration areas such as apparent sense of uneasiness way for some time at a taxi ranks and football in Mpumalanga despite all national level, it is only now stadiums. Minister Didiza indications towards an easy that the province is also unveiled the party’s ride to the polls. experiencing serious political election campaign truck on campaigning. Some Saturday to be used to Peaceful Backdrop To opposition parties in the transport campaigners to the Political Campaigning in province have launched their targeted areas across Mpumalanga manifestos in the past two Mpumalanga. This unveiling weeks. UDM leader, Bantu coincided with the arrival of It would appear that all ANC Holomisa, launched his party President Mbeki in the controlled provinces, manifesto in Embalenhle province over the weekend including Mpumalanga, are towards the end of February. of 6-7 March to participate less likely to experience any PAC president Motsoko in the intensive door-to-door noticeable levels of political Pheko launched his party’s campaigning. violence, intimidation and manifesto in the village of tensions as is the case in Nokoneng on 6 March 2004. It is common knowledge that provinces such as KwaZulu- Interestingly, all the major the ANC in Mpumalanga is Natal and Western Cape. For predominantly black political virtually assured of a instance, there have not been parties, with the exception of landslide victory and on the any reports or indications of the IFP, have formally face of it, it would be political violence, potential launched their party reasonable to expect that hot spots for political campaigns in Mpumalanga such intensive political violence or even ‘no-go’ while all the predominantly campaigning would be areas for political parties in white political parties have reserved for the more hotly the province. In fact, levels not. contested provinces. The of fear for election violence party should already be have been subsiding since As reported in previous looking beyond the elections 1994 when the local citizens, issues of this Election - towards the next term of like others throughout the Update, the ruling party has office in the province. country, were significantly

43 Election update 2004 south africa number 4 concerned about the peaceful backdrop to the for corruption. For instance a prospects for political forthcoming elections in the senior official inside the violence and instability in province may merely signify Premier’s office and former the province. Mpumalanga and therefore underline the head of the department of has become even been more total dominance of one party health, Riena Charles, as peaceful and politically (the ANC) in the province well as eleven other public stable since 1999, with over others. Mpumalanga is servants are currently facing extremely few election- one of the strongholds of the prosecution. In addition to related incidents of violence ANC, and no significant this, numerous cases of reported. Also, any reported challenge by other political fraud, corruption and misuse incidents of party political parties to its complete of government resources are violence and intimidation in dominance appears likely in being investigated against Mpumalanga during the past the foreseeable future. many senior officials at local five years have occurred Equally though, the government level, including during local government underlying peace and against mayors and elections or by-elections. For tranquillity may also be a municipal managers. These instance, in the 2000 sign of the normalisation and are potential time bombs for municipal elections a DA therefore hopefully the the ANC, especially during councillor was hospitalised maturing of competitive an election year. The after being attacked by multi-party politics in the potentially deleterious suspected NNP supporters. province - an essential effects of such stories of element in the consolidation official corruption and fraud For this forthcoming of our democracy. amidst reports of failure of election, one recent incident effective service delivery to of political confrontation Factors That Can impoverished communities reportedly involved a former Undermine Electoral in the province cannot be IEC employee in the Prospects for the ANC ignored. Therefore the party Mpumalanga office who was has a lot to lose and this may removed from his post after The ANC is clearly aware explain the palpable sense of it was discovered in that its position of uneasiness within the ANC February that he was a dominance in Mpumalanga in the province despite being member of the ANC. He does not necessarily provide virtually guaranteed of became involved in a complete electoral security victory. physical altercation with a and can therefore not be member of the UDM who taken for granted. It needs to One of the biggest enemies attempted to remove ANC be noted that this year’s for the ANC in this province posters hanging inside the elections in Mpumalanga is the potential for voter Numbi voting station. take place against the apathy or disillusionment. So Another incident occurred background of continuing far, indications to this effect last weekend when an ANC allegations of corruption, mainly concern the youth but councillor was shot dead by mismanagement of public may exist among other unknown assailants. No resources by senior groups. However, this would political motive has yet been government officials, high not be a serious problem if attributed to this killing. The rates of poverty and poor the party were not also point here is that incidents of levels of service delivery by facing one of perennial risks political violence in municipal authorities. Most that have been such a part of Mpumalanga are few and are public attention has been the ANC’s rule in this not yet cause for concern, drawn to these high profile province since 1994 - the either for the IEC or the cases of senior public ever-present spectre of police. This generally officials facing prosecution internal conflict and

44 Election update 2004 south africa number 4 factionalism. For instance, it party especially those widespread media reports of is believed that the decision aspiring for positions in the private public relations of the ANC not to announce provincial Executive companies contracted to help its premier candidates ahead Council. As members jostled improve the public image of of the election results may be for position and lobbied the the province and its one factor that could trigger premier designate for government. such internal political positions as MECs, this instability. The decision was would have immediately In addition, a well-equipped clearly motivated by desire handed the power of communications unit inside to head off the potential for patronage to the premier the Premier’s Office has such internal strife. designate ahead of the been highly active in Additionally, the position of elections. Being confirmed managing the premier’s the current premier, Ndaweni in his position ahead of the public appearances, his Mahlangu, has been a election results would have public relations profile and subject of widespread placed the premier designate liaisons with the media over speculation, with some in a politically strong the past few months. This commentators and the media position to start dispensing unit liaises regularly with arguing that he would be largesse behind the scenes to other media organisations in ‘redeployed’, possibly to the close friends or vengeance to the province to ensure that National Assembly. enemies, thus sparking an the premier’s activities, However, the latest party list immediate internal strife – including trips abroad or submitted to the IEC shows something the party could meetings with businesses, that Mahlangu will remain in not afford at this time. This prominent political figures the province. would sap the party’s and other interests groups collective energy, thus receive full media coverage. Obviously the decision distracting attention from the When the premier meets means that whether or not challenge of maintaining various interest groups in the Mahlangu will keep his job unity to win the election. province such as traditional still remains a subject of leaders and local frenzied speculation. In the On the other hand however, communities, the meantime this may have as indicated above, the communication’s unit instilled a sense of insecurity decision not to release the ensures that the public in the premier and may hold name of a premier candidate relations value of such possibly negative appears to have instilled a occasions is exploited fully repercussions for the party in sense of insecurity in the by inviting the media to such the short term. The decision current premier. This has events. It has also become may have been intended to induced relentless efforts on clear that the premier solve one problem but has his part in attempts to continues to pursue the created another one. For strengthen his position and provincial executive’s instance on the one hand, improve his public image regular schedule of outreach had the premier candidate for ahead of the appointment of programme (i.e. ‘imbizos’). the province been announced the premier after the The latest visit occurred a in advance, especially for election. For instance, since few days ago. These Mpumalanga where the last year the provincial ‘imbizos’ enable the premier ruling party is riven by government, together with and his executive, sometimes powerful political factions, the Office of the Premier,’ accompanied by heads of this may have created a has adopted an active role in departments, to visit people frantic and divisive an effort to improve the in local communities competition among some of public image of the province. throughout the province to the prominent figures in the Last year, there were listen to their grievances and

45 Election update 2004 south africa number 4 promise to respond. This is However, the danger of such City Press, 25/01/04 despite President Mbeki and an individualistic approach is Media 24, 26/10/03 Mpumalanga News, 26/02/04 the national government that it may trigger other SABC News, 16/02/04 indicating that such imbizos aspirants to the position of (www.sabcnews.co.za) are to be terminated for the premier to also adopt equally SABC News, 07/03/04 duration of the election individualistic strategies to (www.sabcnews.co.za) campaign period. improve their public images SABC News, 06/03/04 (www.sabcnews.co.za) and maximise their chances. SABC News, 07/03/04 A common thread running In turn, this would create (www.sabcnews.co.za) through all this is the clear conditions for internal SABC News, 26/10/03 elevation of the persona of political disunity. An even (www.sabcnews.co.za) the premier – putting him greater danger for the party SABC News, 01/03/04 Sowetan, 05/03/04 squarely at the centre of all is that such overly Sowetan, 28/01/04 official public events in the individualistic approaches province, including others focussed mainly on the Additional information was such as investment drives efforts or achievements of obtained from the IEC in either in the SADC sub- individuals may detract from Nelspruit, Mpumalanga and region or oversees. Some the need to focus on the Pretoria. observers of Mpumalanga collective efforts and politics see this clear achievements of the party in elevation of the premier’s the province. stature and image as signalling desire to portray These are some of the him as an active, energetic considerations as to why the and problem solving premier ANC has been putting so – something the national much more effort into the government and the premier election campaign process in appears to value above the the province long before personal popularity within other parties began, even the party of the candidate. though victory is virtually Obviously, the premier and guaranteed. The party needs his adviser hope that such to offset the real risk of voter considerations would stand apathy or disillusionment him in good stead when the that could undermine its President makes his choice. current electoral advantages This is understandable. After over opposition parties in the all, premier Mahlangu must province. be keenly aware of his political weaknesses. He is References one of a number of premiers who are unlikely to hold on African Eye News Service, to their positions after this 25/02/04 African Eye News Service, year’s election. His reign has 28/08/03 been afflicted by scandals African Eye News Service, and political disasters that 24/02/04 embarrassed the ANC African Eye News Service, generally and President 03/03/04 African Eye News Service, Mbeki in particular. 24/02/04 African Eye News Service, 23/ 02/04

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CHRONOLOGY NO.2 22 Feb. 2004 Tony Leon launches the DA’s election manifesto in Soweto under Compiled in the EISA library by Beth Strachan from the slogan: “South Africa deserves information supplied by the IEC, political parties, and better”. news media. 24 Feb. 2004 ADP (The Alliance for Democracy 11 Feb. 2004 Voters’ Roll is closed. and Prosperity) enters into a vote- swapping agreement with the IFP. 13 Feb. 2004 President Mbeki intends declaring April 14 a public holiday. 24 Feb. 2004 The IEC plans to hire 215 604 staff to run the voting stations on 14 13 Feb. 2004 Tony Leon challenges the President April. to a series of electoral debates. 25 Feb. 2004 CDP forms a new election pact 14 Feb. 2004 AZAPO launches its 2004 election with two other Christian-based manifesto. parties – the National Christian Democratic Party (NCDP) and the 15 Feb. 2004 The New Labour Party (NLP) signs Christian Protest Party (CPP). a co-operation agreement with the Christian Democratic Party (CDP). 27 Feb. 2004 Date by which Registered Parties intending to contest the election 15 Feb. 2004 SACP tables its party political must submit a list of candidates. report and programme of action. 29 Feb. 2004 Patricia de Lille unveils the ID’s 16 Feb. 2004 The DA delivers a complete set of election manifesto: “Bridging the its policies to the Presidents Office, Divide in our Society”. to ensure accurate and informed debate on policy issues. The ANC 1 Mar. 2004 ANC and IFP draft a peace accord however decline to engage in to ensure stability in KwaZulu- televised debates. Natal.

16 Feb. 2004 Date by which copies of list of 1 Mar. 2004 IEC issues the final list of parties to addresses of all voting stations contest the 2004 elections. must be available for inspection. 1 Mar. 2004 Political parties sign the Electoral 16 Feb. 2004 The New National Party (NNP) Code of Conduct and witness the launches its own manifesto . ballot draw.

19 Feb. 2004 Minister of Safety and Security 1 Mar. 2004 Standard Bank and Liberty Group reveals security measures in place announce funding to political to deal with threats of violence. parties .

20 Feb. 2004 Voters’ Roll, listing the 20 674 926 3. Mar. 2004 IEC studies the ruling of the voters is certified by the IEC. Constitutional Court on the right of prisoners to vote, and prepare for 22 Feb. 2004 Cut-off date by which overseas the registration of prisoners voters must have informed the IEC accordingly. of their intentions.

22 Feb. 2004 AZAPO holds an election rally in Soweto.

22 Feb. 2004 The African Christian Democratic Party (ACDP) begins its election campaign.

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PREVIOUS ISSUES Free State Party Candidates: Nominations and Campaign Processes 28 ELECTION UPDATE 2004: SOUTH AFRICA Better Late than Never: Submission of Cndidate’s Lists in the No. I, 2 February 2004 Free State 30 Western Cape CONTENTS Western Cape: A Vote for Tradition, Personalities or Issues 33 Eastern Cape Editorial 1 Preliminary Campaign Trends and Likely Election Outcomes36 The Context: How the System Works 2 Mpumalanga National Perspectives Mpumulanga Province: Electioneering Headstart Voter Registration Countrywide 8 for the Ruling Party 39 South African Broadcasting Corporation Chronology 43 Breaks the Rules and ICASA Turns a Blind Eye 10 Previous Issue Contents 44 Gauteng Election Management: The Preparedness of the IEC 12 No. 3, 1 March 2004 Snooze, You Lose: Voter Education in Gauteng 14 North West Province Editorial 1 Apathy to be the Big Winner in the North West Province 16 National Perspectives KwaZulu-Natal Parties not People: An Opinion Piece 2 A Growing Commitment to Democracy in KwaZulu-Natal 18 Public Funding of Political Parties 4 The End of KwaZulu-Natal as We Know It? More Analysis of the Manifestos 7 Election Preparations in the Context of a Possible ANC Victory Provincial Roundups 20 Gauteng Free State Student Electoral Participation: A Wits Survey 10 Electoral Perspectives on Free State Province 24 Levelling the Playing Fields: The Electoral Code of Conduct Operation Registration: An Assessment of Voter Registration for Party Campaigns 13 in the Free State 26 NorthWest Western Cape Locals and Lists, Posters and Purses 15 Looking Back and Stepping Forward in the Western Cape 28 KZN Eastern Cape Voting with their Feet: From the Mass Meeting to the Media in Eastern Cape: Reflections, Projections on the Eastern Cape 32 KZN Politics 17 Mpumalanga Transparency in Party Funding The Election Arena: Mpumalanga Province in the Spotlight & the Use of the Media 20 20 Free State No. 2, 16 February 2004 Media as an Empowering Tool 22 Media Flourishes But Will Everybody Be Heard? 24 Editorial Western Cape National Perspectives Media, Use of State Resources and Party Financing 28 Nomination Processes of Parties on Candidates Lists 2 Eastern Cape A Case Study: The African National Congress Media and Political Party Campaigns 30 Nomination Process 7 Northern Cape The Launch of the Parties’ Manifesto It is Better Late than Never in the Northern Cape 33 and Election Campaigns 9 Mpumalanga Configuration of Party Political Contest Mpumalanga on the Eve of Formal Election Campaigning 36 in the Forthcoming Election 12 Previous Issue Contents 40 Provincial Roundup Gauteng ERRATUM: NO. 3, p.8 KISS PARTY Youth Participation in the 2004 General Elections: A Bash with a Difference KISS is the acronym for Keep it Straight and Simple. In our 17 previous issue we used the party’s business maxim, “Keep it North West Simple Stupid” in a misleading manner. We extend. our Same Old, Same Old? 19 sincerest apologies for any inconvenience caused. KZN Bread and Circuses: Early Electioneering in KZN 21 Campaigning in KwaZulu-Natal 23

© The Electoral Institute of Southern Africa (EISA) 2nd Floor The Atrium 41 Stanley Ave Auckland Park · PO Box 740 Auckland Park 2006 Tel 27-11-4825495 Fax 27-11-4826163 Email [email protected] URL http://www.eisa.org.za The opinions expressed in this publication are not necessarily those of EISA

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