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Briefing to Home Affairs Portfolio Committee

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... nomination is successful, then an uncontested by-election (MSA Schedule 1, ... Only one ward (52605007) in Nongoma (KZN) was uncontested and won by the IFP ... – PowerPoint PPT presentation

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Title: Briefing to Home Affairs Portfolio Committee


1
Briefing to Home Affairs Portfolio Committee
  • Tuesday, 18 June 2002

2
Presentation
  • By-Elections
  • Principles and Processes
  • By-Elections Report
  • Registration
  • Questions and Answers
  • Closing Remarks

3
By-Elections
  • Principles and Processes

4
Introduction
  • By-election
  • An election between regular general municipal
    elections (MSA Definition)
  • Governed by the Local Government Municipal
    Structures Act (No. 117 of 1998)
  • The Electoral Commission is responsible for
    management of by-elections in terms of the
    Municipal Electoral Act (No. 27 of 2000).

5
Grounds for By-Elections (MSA s25)
  • If the Electoral Commission does not declare the
    result of an election of a municipal council, a
    ward or a district management area, within the
    period specified in terms of the Electoral Act,
    (within 7 days after the voting day).
  • A court sets aside the election of a council, a
    ward, or a district management area.
  • A council is dissolved (can only occur 2 years
    after a general election).
  • If a vacancy in a ward occurs

6
Ward Vacancies (MSA s27)
  • A ward vacancy occurs if
  • a councillor dies
  • a councillor resigns from a party
  • a councillor resigns from council
  • a councillor is expelled from a party
  • a councillor is expelled from council
  • a councillor joins a different party
  • crossing the floor applies to an independent
    joining a party as well

7
No By-Elections
  • No by-election is needed if a PR list councillor
    vacates a seat (MSA Schedule 1, item 20)
  • If only one candidates nomination is successful,
    then an uncontested by-election (MSA Schedule 1,
    item 14)
  • (For now) By-elections only apply to ward
    councillors

8
Calling a By-Election MSA s25 (3 4)
  • Only a municipal manager can call and set a date
    for by-election, NOT the MEO
  • Setting the date must occur AFTER consulting the
    Commission
  • Municipal Manager must call and set the date
    within 14 days of the occurrence
  • If outside the 14 days, MEC for local government
    calls and sets the date

9
Calling and Setting the Date MSA s25 (3 4)
  • The Municipal Manager places a notice in a local
    newspaper
  • The MEC places a notice in the Provincial Gazette
  • By-election must take place within 90 days of the
    date of vacancy

10
Consultation with the Electoral Commission
  • Upon hearing of a vacancy, the Municipal Manager
    must send a letter to the Electoral Commission
    (Provincial Electoral Office)
  • Letter to contain
  • Name of Councillor
  • Councillors ID number
  • Municipality and Ward Number

11
Supporting Documents
  • Death
  • copy of the death certificate
  • Resign from council
  • copy of the resignation letter
  • copy of council minutes showing acceptance of
    the resignation letter by the council
  • Resign from party
  • letter of resignation from the councillor
  • crossing the floor copy of minutes from
    council
  • Expelled from council
  • Copy of council minutes showing expulsion from
    the council
  • Expelled from party
  • Copy of a letter showing the expulsion from the
    party by the branch, provincial or national party
    structures (whichever has relevant jurisdiction)
  • Letter to show that the appeals or disciplinary
    process of the party has run its course

12
Sending the Letter
  • The Electoral Commission will only act on a
    vacancy when formal letter/notice is sent by the
    relevant municipal manager to the Provincial
    Electoral Office
  • Once the vacancy has been confirmed, the
    Municipal Electoral Officer will start with
    preparations for a by-election

13
By-Election Timetable MEAs11
  • Timetable is a legal requirement MEA s11
  • Timetable is driven by the by-election notice
  • Commission compiles publishes the timetable
    MEA s11(1)
  • Tends to be the same for all by-elections on a
    set date

14
Nomination of Ward Candidates
  • Parties must be registered before submitting
    candidates MEA s13 (1)
  • No limit on number of independents per ward
  • R500 deposit per contesting independent ward
    candidate MER s11
  • only bank guaranteed cheques acceptable MEA
    s17 (2)(d)
  • All relevant documents must be in by 1700 on
    Nomination Day MEA s17 (2)

15
Nomination Documents MEA s17, MER 8 to 11
  • Independent candidate
  • Nomination form signed by voter on the correct
    municipal voters roll (Form MEC 23)
  • Acceptance of nomination form (Form MEC 26)
  • 50 signatures of voters on the correct municipal
    voters roll (Form MEC 25)
  • Head shoulders photo of nominee
  • Bank guaranteed cheque
  • Party candidate
  • Nomination form (Form MEC 24)
  • Acceptance of nomination form signed by nominee
    (Form MEC 26)
  • Certified copy of candidates ID page
  • Bank guaranteed cheque
  • All documentation must be
  • in by 1700 on Nomination Day.
  • Failure to comply means
  • no participation!

16
Voter Education
  • Develop education awareness plan
  • Recruit brief Municipal Field Coordinator and
    Field Workers
  • Use all media available, including community
    radio
  • Loud-hailers have been useful in rural areas
  • Distribute registration pamphlets during targeted
    registration

17
MEC 7 Scenarios
  • Refers to cases where the voter is not on the
    voters roll, but has proof of registration
  • MEC 7 form is to be completed properly
  • Proof is to be inspected
  • only a valid zip-zip sticker or manual receipt
  • Pay attention to
  • date of registration (before date of voters roll
    closure)
  • place of last registration (VD number)
  • Keep MEC 7 forms separate for later capture
    on VRS

18
By-Election Day
  • Reports required
  • voting station open
  • regular voter turnout figures
  • problems encountered e.g. large number of MEC 7s,
    security concerns
  • Inform PEO office of updates
  • Reports will be routed to HO Operations Centre

19
Results
  • Results must be captured on the evening of the
    by-election
  • Where number of votes cast gt registered voters,
    no capturing will be allowed without special
    arrangements via PEO/Head Office
  • At HO, IT Team available for support through the
    night
  • Announcement can precede capturing

20
Objections Against Results
  • Must follow s65 of Electoral Act
  • Must be served on the Commission in Pretoria by
    1700 on 2nd day after election MEA s65 (1)
  • MEOs or PEOs only provide guidance, they do not
    accept the objection
  • Act clearly specifies information required

21
Check the Zip-Zip Sticker
22
Registration
PRINT VOTERS ROLL
PROBLEMS
23
By-Elections
  • By-elections Reports

24
Number of By-Elections Held
  • Eastern Cape 12
  • Free State 2
  • Gauteng 9
  • KwaZulu-Natal 27
  • Mpumalanga 9
  • Northern Cape 3
  • Northern Province 2
  • NorthWest 7
  • Western Cape 8

25
By-Elections Voter Registration
  • Voter registration campaigns were conducted for
    every by-election
  • Voter registration has increased steadily with
    each by-election
  • A growth rate of 1.3 recorded in areas where
    by-elections were held
  • Although there has been an increase in the voter
    registration process, a considerable number of
    voters has been removed
  • Death has accounted for the largest number of
    people removed from the roll (502 944 since 1999
    when the roll was first certified)

26
Deaths on the Voters Roll
27
Causes of Vacancies
28
Causes of Vacancies by Province
29
Causes of Vacancies by Province
30
Note!
  • KwaZulu-Natal and Gauteng have death as the major
    cause of vacancies and are both at 55
  • Western Cape has resignations as the major cause
    of vacancies (71.4)
  • Mpumalanga has experienced most expulsions at
    55.6

31
Causes of Vacancies by Gender
32
Note!
  • The major cause of men vacating ward seats has
    been (in order of these causes)
  • death
  • resignation
  • expulsion
  • The major causes of women vacating ward seats has
    been (in order of these causes)
  • resignation
  • death
  • expulsion

33
By-Election Party Participation and Support
34
Wards Won by Parties
35
Note!
  • The ANC participated in more by-elections and won
    the largest number of them (50/79)
  • Parties that did not win any ward are not shown
  • Residents Associations and local parties have
    been grouped together (for the purposes of this
    presentation!)
  • The only Residents Association that won a
    by-election is Ubambo Lwesizwe Independent
    Residents Association in KwaZulu-Natal
  • Only one ward (52605007) in Nongoma (KZN) was
    uncontested and won by the IFP

36
Women Representation
  • 28 of council seats were occupied by women
    following the 5 December 2000 Municipal Elections
  • Seats were broken down into 633 ward councillors
    and 1651 Proportional Representation list
    councillors
  • Out of 179 candidates nominated for the
    by-elections, only 25 were women and 8 of them won

37
Women Representation
38
Women Losses and Gains per Party
39
Note!
  • A total of 12 women councillors vacated local
    government through by-elections
  • A total of 8 women councillors have entered local
    local government in the same period
  • A total of 4 seats were lost by women councillors

40
Voter Turnout
  • The average turnout for by-elections in 2001was
    28.3
  • Voter turnout has varies from place to place,
    with the lowest being 8.82 (ward 79400001 - City
    of Johannesburg) and the highest being 63.25
    ward 30701003) - Nyandeni (Libode)
  • A combination of weekdays and weekends was used
    for by-elections

41
Spoilt Votes
  • Spoilt ballots represent
  • ballots not counted due to difficulties in
    ascertaining voters choices
  • Spoilt ballots ranged from 0.32 (ward 79400093 -
    City of Johannesburg) to 3.38 ward 52405006 -
    Umvoti (Greytown)
  • The average of spoilt ballot papers in 2001 was
    1,53.

42
Percentage Turnout and Spoilt Votes
43
Registration
  • .

44
Background
  • The EC delimited 14 650 voting districts and
    registered 18 172 751 eligible voters in 1999.
  • The voters roll served as a basis for the
    determination of wards for the 5 December 2000
    municipal elections.
  • 3 754 wards were determined and are still in
    force.
  • The EC maintains the roll as was first
    established, updating it regularly.
  • At certification for the 2000 municipal
    elections, there were 18 476 519 names on the
    voters roll.

45
Maintaining the Voters Roll
  • The voters roll as compiled for the 1999
    elections and maintained throughout the period is
    largely accurate.
  • The Commission has detected some inaccuracies,
    namely
  • voters registered across voting district
    boundaries
  • mis-located voting stations and
  • swapped voting district barcodes.

46
Voters Registered Across Voting District
Boundaries
  • The Commission has established that a number of
    voters are registered outside of the voting
    district in which they are ordinarily resident.
  • In the main, these problems are attributable to
  • the first general registration weekend in 1998
  • a number of voting stations opening late on the
    first day of registration
  • inadequate voter information about where to
    register (a number of voters went to the nearest
    voting station to register - even if it was
    incorrect!)

47
Mis-located Voting Stations
  • The Commission relied on the municipalities
    local knowledge w.r.t. the location of venues
  • A Geographic Positioning System (GPS) exercise
    was undertaken and completed in February 2002.
  • Through the GPS, the Commission has established
    that only 73 of the voting stations fall within
    the host voting districts.
  • Mis-located voting stations have the effect of
    rendering registered voters details inaccurate.

48
Swapped Voting District Barcodes
  • The Commission has established that at the time
    of registration in late 1998, some of its local
    agents swapped voting district maps.
  • This phenomenon has been detected in a small
    number of voting districts

49
Addressing Deficiencies on the Voters Roll
  • The Commission has adopted a comprehensive
    strategy aimed at addressing the deficiencies in
    the voters roll through the following projects
  • delimitation revision
  • address register
  • voters roll clean-up
  • spatial data enhancement
  • targeted registration
  • hosting of two general registration weekends
    prior to 2004 elections and
  • continuous registration at municipal electoral
    offices.

50
Note!
  • Since 1 January 2001
  • 68 576 new voters were registered, and
  • 371 255 reported as deceased and subsequently
    removed from the voters roll (as per the
    National Population Register)

51
Concluding Remarks
  • The subject of the maintenance of the voters
    roll is receiving serious attention of the
    Commission and its staff.
  • At the heart of the deliberations, are
    alternatives on how best to provide registration
    facilities in a way that goes beyond simply
    opening voting stations and municipal electoral
    offices for registration.
  • Particular attention is being paid on how best to
    assist rural voters and the youth.

52
End of Presentation
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