Introduction
Every election is a watershed moment in a country’s history. Each is a turning point in the political, economic and social trajectory of a country. Some elections signal slow and subtle change; others lead to more seismic and dramatic shifts. Without a doubt, the first democratic elections in April 1994 were of the latter kind being a defining moment in the history of our country which set South Africa on its new path to democracy and human rights. Each of the four national and provincial elections and four general municipal elections held since 1994 has been an important stepping stone in our country’s journey from the isolation and oppression of apartheid to the human rights, dignity and respect of democracy. Next week’s Municipal Elections are gearing up to be of the more ground-shaking variety that our country last experienced 22 years ago. The signs are there to see. There is a building sense of excitement accompanied by a measure of anxiety and trepidation. As in 1994, these are the natural signs of a country evolving and growing. Evolution is not limited to the biological sphere. It features throughout our world including in politics and economics.
Our democracy too is evolving and growing and we as stakeholders in electoral democracy must evolve and growth with it. I was privileged to have been a part of the establishment of the Electoral Commission in 1997 when we built an institution and laid the legislative and regulatory framework for free and fair elections. Free and fair elections are built on a pyramid of integrity. The bedrock of this pyramid is the Constitution which this year celebrates its 20th anniversary and which sets our nation as one, sovereign, democratic state founded on the following values:
- human dignity, the achievement of equality and the advancement of human rights and freedoms;
- non-racialism and non-sexism;
- Supremacy of the Constitution and the rule of law;
- Universal adult suffrage, a national common voters’ roll, regular elections and a multi-party system of democratic government to ensure accountability, responsiveness and openness.
The Constitution also establishes the Electoral Commission and gives it the mandate to:
- Manage elections at national, provincial and municipal legislative bodies in accordance with national legislation;
- Ensure that those elections are free and fair; and
- Declare the results of those elections within a period that must be prescribed by national legislation and that is as short as reasonably possible.
On this bedrock are the three layers of the pyramid of integrity:
- The first layer is the staff, structures, processes and systems of the Electoral Commission
- The second layer are the logistic preparations and readiness for elections;
- And the tip of our pyramid is an environment which is conducive to free and fair elections
If anyone of these layers fails, our pyramid falls – or is at the very least seriously compromised. Distinguished guests, ladies and gentlemen, Our Chief Electoral Officer has spoken about the readiness of both the staff and the logistics of the Electoral Commission to deliver a free and fair election. I would like briefly to talk about the importance in the integrity of an election of our systems and processes; and the environment in which these elections are being conducted.
Systems and processes supporting integrity
One key to ensuring free and fair elections is making sure each and every aspect of the voting, counting and results process is transparent. The Chief Electoral Officer has spoken briefly about the political party liaison committee system which forms a vital part of this process.
But of even more crucial importance is the understanding by every party, candidate, voter, observer, commentator that each aspect of the entire voting and results process is subject to checks and balances – and oversight – which guarantee the integrity of the process. All political parties are allowed two agents present at every voting station to ensure that each aspect of this process is conducted correctly, fairly and in terms of the law. These agents – along with national and international observers – oversee each step of the voting and the counting process. The party agents then sign the results slip – and are encouraged to take a photograph of the results slip on their cellphone. This slip is scanned and the results are captured. Here at the results centre anyone can call up a scan of the results slip and compare it to the photograph sent by their party agent – and to the actual results captures on the system. On top of this, independent auditors oversee the results capture process.
It is not possible for any individual – not the Chairperson not the CEO and not the Presiding Officer – to change the results without it being apparent to all stakeholders.It is this system – with all its checks and balances – which provides certainty, credibility and integrity to the results.
Climate conducive to free and fair elections
Ladies and gentlemen, the final corner of our integrity pyramid is the climate and environment in which elections are held. This is not something we as the Electoral Commission can achieve alone or in isolation. You can have the most well managed elections but if the conditions prevailing in the run-up to that election are not conducive to open debate, to free campaigning and freedom of choice then the outcome cannot be free and fair. The campaigning for next week’s elections has been amongst the most robust, vigorous and colourful in our nation’s short democratic history. That is part of the evolution and growth of our democracy. But we have also seen isolated incidents of violence, intimidation and attempts to make some areas no-go zones for both election officials and politicians. Such incidents threaten the foundation of our democracy and seek to take us back to a time and place before our Constitution gave rise to democracy and our human rights. We will not and cannot allow aggrieved individuals and groups to undermine what we as a country fought for and what so many in our past gave their lives for. Since the dawn of our democracy we have never had a situation where elections could not be conducted in any part of our country on election day due to violence or threats of violence. This is a proud achievement not for the Electoral Commission but for South Africa and its democratic ideals and the rule of law. And it is a traditional and achievement which we must at all costs protect and continue.
We are working closely with the security structures in our country to ensure voting proceeds safely and securely in all areas. We also appeal to all community leaders, political leaders, candidates, voters, civil society and religious groups and all citizens to work together to ensure we produce yet another election which serves as an inspiration to the world.
Tlokwe
We would not be here today if it was not for the wisdom and intervention of the Constitutional Court in providing an extraordinary solution to an extraordinary challenge in which we found ourselves. As Chief Justice Mogoeng Mogoeng himself said, this was one of the complex cases the Court has had to deal with and we are grateful to the Court for providing clarity on the issue of the obligations of the Electoral Commission with regards to the addresses of voters. We are especially grateful to this Court for providing relief to the Electoral Commission in respect of Section 16(3) which provided the opportunity for these elections to proceed and for granting a period of grace for us to rectify the voters’ roll. As you know, this relief was granted in all municipalities except Tlokwe. Through some extraordinary effort of the staff of the Electoral Commission – with support from other key stakeholders including the local party liaison committee – we have managed to make significant in-roads into obtaining addresses for 86% of voters in Tlokwe. This is a significant achievement given the time and resources available and with the pressures of arranging Municipal Elections. The Electoral Commission wishes to thank Telkom, the South African Social Security Agency (SASSA) and the Tlokwe/Venterdorp Municipality for availing data to the Electoral Commission against which voters addresses could be cross-checked. Our work in collecting addresses in Tlokwe over the past few weeks has presented us with an opportunity to learn and plan for our task ahead in the remainder of the country. It has also highlighted some very real and difficult challenges which we will face in this task. It is going to require the collaboration and partnership of all stakeholders in the electoral process and in the public and private sector for us to achieve a voters’ roll as required by law.
Conclusion
As someone who grew up in a time when the majority of South Africans were not granted a choice and were not able to have a say in its future, I continue to get excited about the prospect of voting. The power of democracy is unfortunately not something granted all peoples in all nations. We are privileged to live in a country with a working, vibrant, beautiful democracy.Each of us - Democracy is about choice – and voters have more choice in this election than they have ever had in any other election in our history.
At the end of this week the parties will have had their say. The candidates have had their say. The media and commentators will have had their say. Now is the time for the 26.3 million voters to have their say in this election – and in the future they choose for their communities, towns, cities and metros. The future is in your hands. I thank you.
ISSUED BY THE ELECTORAL COMMISSION
Ensuring free and fair elections
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