Electoral Commission to ask Electoral Court for postponement of by-elections due to coronavirus

The Electoral Commission will urgently approach the Electoral Court to postpone all scheduled by-elections as part of its response to the COVID-19 pandemic.

The decision follows the announcement by the President of the Republic of a National Disaster in terms of the Disaster Management Act (Act 57 of 2002) and the introduction of a range of measures to help curb the spread of the coronavirus. The measures announced include urging people to limit physical contact and prohibiting gatherings of more than 100 people.

The election process involves relative close physical contact between election officials and voters including the exchange of ballot papers and inking of thumbs. At the end of the voting process, ballot papers must also be counted. Where an infected voter has handled a ballot, indications are that active viruses will last for at least 10 hours. This will be yet another opportunity for cross infection of officials conducting the counting process.

Given heightened awareness and concerns over the COVID-19 pandemic there is also a real possibility that significant numbers of voters may stay away from voting stations in upcoming by-elections.

This will result in low participation levels which will undermine the freeness and fairness of elections.

The Commission is of the view that in the circumstances, the measures announced as part of the national response to the pandemic; the possibility of free and fair elections is incontrovertibly vitiated.

The Commission has written to the Minister and provincial MEC’s for Cooperative Governance and Traditional Affairs to advise them of the intended application to the Electoral Court. 

All associated election events including voter registration weekends and code of conduct signing ceremonies have also been postponed.

Scheduled by-elections affected are as per the schedule below:

BY-ELECTION DATE       PROVINCE MUNICIPALITY WARD NUMBER       DATE OF PROCLAMATION
18 March 2020 Gauteng Emfuleni 16 14 Feb 2020
18 March 2020 Gauteng City of Johannesburg          68 14 Feb 2020
18 March 2020 Gauteng City of Johannesburg       120 14 Feb 2020
18 March 2020 Gauteng City of Johannesburg        130 14 Feb 2020
18 March 2020 KwaZulu-Natal          Msunduzi 25 14 Feb 2020
18 March 2020 KwaZulu-Natal      Mtubatuba 10 14 Feb 2020
18 March 2020 Limpopo Polokwane 14 14 Feb 2020
18 March 2020 Mpumalanga Emalahleni 18 14 Feb 2020
18 March 2020 Mpumalanga Bushbuckridge 31 14 Feb 2020
18 March 2020 Northern Cape Khai-Ma 4 14 Feb 2020
         
8 April 2020 Free State Matjhabeng 3 6 March 2020
8 April 2020 Gauteng Ekurhuleni 60 6 March 2020
8 April 2020 Gauteng Ekurhuleni 103 6 March 2020
8 April 2020 Gauteng Tshwane Metro 3 6 March 2020
8 April 2020 KwaZulu-Natal       eThekwini 32 6 March 2020
8 April 2020 KwaZulu-Natal       uMvoti 7 6 March 2020
         
29 April 2020 Gauteng Ekurhuleni 89 27 March 2020
29 April 2020 Limpopo Ba-Phalaborwa 19 27 March 2020
29 April 2020 Mpumalanga Govan Mbeki 30 27 March 2020
         
13 May 2020 Eastern Cape Makana 14 9 April 2020
13 May 2020 Eastern Cape Amahlathi 1 9 April 2020
13 May 2020 Eastern Cape Mbizana 24 9 April 2020
13 May 2020 Northern Cape Dawid Kruiper 10 9 April 2020
13 May 2020 Western Cape George 8 9 April 2020
13 May 2020 Western Cape George 14 9 April 2020
13 May 2020 Western Cape George 27 9 April 2020