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.