1999 Elections: briefing by IEC

Meeting report

HOME AFFAIRS PORTFOLIO COMMITTEE
25 March 1998
1999 ELECTIONS: BRIEFING BY IEC

The Chairperson, Mr D. Lockey introduced Judge Kriegler and other members of the IEC as well as the Director-General of State Expenditure.

Judge Kriegler gave brief overview of the roles and functions of the IEC and explained that it was politically and financially accountable to parliament, and therefore it would be necessary for there to be a cordial and open relationship between the IEC and the Portfolio Committee on Home Affairs. He concluded by stating that the election must take place within a 90-day period after 30 April 1999. He then handed over to the Chairperson of the IEC to give the details of the work of the IEC.

Mr Sackstein began by explaining the steps that were taken since the last formal meeting:
- 5 commissioners were appointed in 1997.
- a primarily constitutional role was defined for the IEC.
- this was done through the Electoral Commission Act

Mr Sackstein then discussed in detail delimitation, registration and legislation.
Delimitation
The entire country is at present being "delimitated" into voting districts through a geographical computer information system This system prints out a map of the voting district with extreme socio-geographical accuracy (examples of these maps were on view). These maps will then be sent to appropriate local authorities where they will be scrutinized for accuracy and changed if need be. The delimitation process must be complete by August 1998.

Registration
This must begin by October 1998. In line with the constitution there must be one common voters roll. Mr Sackstein stated that delimitation must take place before registration otherwise there will be problems with people being registered in incorrect voting districts. If people are registered in another voting district to the one closest to their residence they will not be able to vote. This will result in a disenfranchising of some eligible voters which is unconstitutional. The voters roll will be computerized Planning for registration is underway and if registration in certain areas are not efficient then door-todoor registration is inevitable. Registration must take place during sixteen days spread over four months. By this time individual party registration must be underway to boost the registration procedure.

Legislation
Mr Sackstein stated that there must be a fundamental shift in the electoral legislation. Electoral legislation must be simplified and be in basic English so that ordinary voters can understand the legislation. Further it must be consistent with the Constitution. Mr Sackstein stated that the following are required in terms of legislation: a new Electoral Act, the determination of the number of seats in the National Assembly, and a Provincial Referenda Act. Furthermore, the electoral legislation needs to include clauses on: party regulation (party funding, party registration, party labels etc); voter education; electoral code of conduct; systems for national elections and provincial elections.

Judge Kriegler continued the briefing on election readiness by stating that the finances of the IEC continued to be a difficulty, however there existed dialogue between the IEC and the Director-General for State Expenditure to resolve specifically the issue of salaries of staff members which had still not been approved as well as the staffing structure. Judge Kriegler stated that the financial issues were not an immediate threat to the organization of the elections. There were a few administrative problems and in certain areas the bureaucracy did not give enough support to the IEC. The technical work is however more or less up-to-date. He also spoke about the establishment of an IEC office(s) where advice and help would be given to any queries regarding election registration and procedures.

Questions posed by committee members:
Mr Sikakane (ANC) expressed concern regarding the voter registration time of 16 days over 4 months.
Mr Bester (NP) wanted more information on the outcome of meetings between IEC and Department of State Expenditure. He also wanted more detail on any administrative delays.
Mr Abraham (IFP) asked whether the IEC foresaw any major problems that might delay the elections. He also wanted reassurance that there would be no irregularities and mechanisms in place to ensure that "we (the IFP) are not robbed again". (Mr Abraham had to withdraw this statement as it was unparliamentary.)

N.B Growa (ANC) wanted more clarity on voting stations and voter identification.

Answers:
Judge Kriegler stated that they had learnt from the local government elections. He said if there was mass publicity and if the 16 days of registration were well spaced, then no problems or delays were expected. If there were problems, then there would be adequate adjustment using a door-to-door procedure in areas where needed.

Regarding voter identification, Judge Kriegler, insisted that only a South African ID document or authorized temporary documents, as issued by the Department of Home Affairs, would be accepted for registration. He stated that registration would be done per voting district and that effective education was needed to ensure that people would go to vote in the district where they registered.

Kriegler said that there were no guarantees on success of the election as the country is a young democracy, but he insisted that there would be no postponement of the elections due to IEC administration reasons.

Regarding Mr Bester's question, Mr Lockey answered by stating that the financial issue had been referred to the Public Service Commission by the Minister of Finance. This commission had recommended that consensus was needed between the two parties and dialogue was underway.

Mr Mohammed (NP) wanted to know if there was any reason why political parties could not do registration over the entire period. Judge Kriegler stated that he would avoid registration by political parties because even though it might be quicker, it would also be easier to "crook".

Mr Albertyn (NP) wanted clarity on whether election officials would be from government or from the private sector. With regard to election officials the IEC intended to use local government structures for personnel but there would be liaison with the political parties to ensure transparency. Furthermore Judge Kriegler insisted that there would be no moving of ballot boxes as votes would be counted at each voting station.

Judge Kriegler also provided further clarity to questions posed by Rev Meshoe (ACDP), Mr Bester (NP), Mr Chikane (ANC), and Mr Botha (NP).

The Chairperson of the Portfolio Committee on Home Affairs, Mr D Lockey, concluded by stating that the issue of IEC members' salaries was a serious problem and had to be resolved as soon as possible. He also affirmed the close working relationship between the IEC and the Portfolio Committee on Home Affairs.

Appendix

INDEPENDENT ELECTORAL COMMISSION
COMMISSION ESTABLISHMENT
* Commission appointed July 1997
* Chair and Vice-Chair designated July 1997
* Chief Electoral Officer appointed November 1997

ROLE & FUNCTION
CONSTITUTION: "strengthen constitutional democracy", "manage elections & referenda" & "ensure elections are free and fair
ELECTORAL COMMISSION ACT: Delimitation, Voter Registration, Voter Education, Research, Party Liaison, Legislation, Adjudication of disputes, Party Registration etc.

PUBLIC FUNDING OF REPRESENTED PARTIES ACT: Party Funding
ELECTORAL ACT: Draft in progress.

CRITICAL FUNCTIONS
* Establishment
* Delimitation
* Registration
* Elections
* Democracy Development
* Party Registration
* Party Funding
* Legislation

TIME FRAME
* Establishment – ongoing
* Geographical Information System – May 1998
* Delimitation of voting districts – March 1998 to August 1998
* Registration of voters – October 1998 to February 1999
* Election 1999 – May/June/July 1999

DELIMITATION
* Delimitation requires and accurate Geographical Information System (GIS)
* GIS is an electronic map of the country.
* Incorporates Census ’96 data into GIS map.
* Use GIS map to do a statistical delimitation of voting districts.

REGISTRATION
* Constitutional requirement – 1 common roll with segments
* If you register before delimitation – 25% to 40% inaccuracy, disenfranchises millions
* First delimit then register
* Register in voting districts at a central point
Planning for registration has begun.
Use hand held electronic scanner.
Transmit data via WAN.
Tender for barcode scanners has been issued.
Door to door registration inevitable.

ELECTIONS
* Tenders already issues for strategic partners in IT, Finance, Project Management, Human Resources, Media, Electoral Equipment Audit, etc.
* Progress made with the appointment of local agents.
* Promulgation of Party Registration Regulations this week.
* Promulgation of PLC regulations next week.

Preparation of Draft Electoral Bill in progress
* New Act is required
* Introduces Timetable
* Includes voters’ roll
* Includes delimitation
* Plain English
Submit Bill to Minister in next 2 weeks

LEGISLATION
Legislation required:
* New Electoral Act
* Determination of number of seats in National Assembly & Provincial Assemblies
* Provincial Referenda Act
* Municipal electoral system

Regulations on:
Party Registration, Party Liaison, Party Funding, Staff Remuneration, Appeals & Reviews, Electoral Code of Conduct, Referenda, Delimitation, Registration, Voter Education, Delegation on Authority, Voting/ Counting, Media…

Regulations requirements post-1999
* System for National Elections
* System for Provincial Elections
* System for filling of vacancies
* May also require a new Electoral Act