Electoral system in need of reform

I hold no particular candle for Bantu Holomisa or his party. I’m sure he doesn’t even know who I am. The comment piece below is from this morning’s Cape Times, and, while it patently does not advocate as harsh anti-voting views as mine, it is, I think, enlightening in what it discloses about the Independent Electoral Commission itself and the quite serious problems that exist in the electoral process. At this early stage, those shortcomings remain unaddressed.

Had I written the piece for Bantu, it would have been a lot shorter and less littered with loathsome officialese. I err on the side of being true to his sermonising. You draw your own conclusions.
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ELECTORAL SYSTEM IN NEED OF REFORM
November 13 2008

By Bantu Holomisa

In 2007 the Independent Electoral Commission hosted a conference on the state of electoral democracy in South Africa in which all major political parties participated.

As political parties, we realised that the issues raised during the conference required follow-up to ensure concrete action being taken, since the conference itself had no decision-making powers.

We, therefore, established a Multi-Party Forum (MPF) open to all political parties. This forum has been meeting regularly and has engaged the IEC about transforming the electoral system.

The MPF has taken a number of resolutions that relate to the IEC and the general administration of elections, issues that will in turn affect the running of the upcoming polls.

I will highlight three broad IEC-related matters on which the MPF has taken resolutions.

The IEC is, by name, an independent institution, in accordance with generally accepted democratic norms. Such independence can be defined as:

* Insulation from control by the government or any external body; and
* Guaranteed access to adequate resources to carry out its mandate.

Neither of these conditions is fully met.

In 1993 the African National Congress, the New National Party and the Inkatha Freedom Party nominated the IEC commissioners.

Since then the political landscape has changed, with new players arriving and the NNP disappearing, yet now the commissioners of the IEC are drawn almost exclusively from the ruling party or recycled from the 1993 era.

The commissioners must be appointed with the involvement of all political parties in a manner that is equitable and fair.

The IEC tends to make unilateral decisions, which are forced upon political parties. The political liaison committee (PLC) should be given decision-making powers.

The running of a modern democratic electoral process is a complicated matter depending upon a wide range of variables and the assistance of a large group of people.

The MPF recognises that the actual logistical implementation of the electoral process is particularly vulnerable to abuse. People who are appointed in critical positions in the electoral process may have party-political loyalties that affect their performance, and may be beholden for their employment to the continued electoral success of the ruling party.

However, Cosatu affiliates, in particular SA Democratic Teachers’ Union (Sadtu) members, are employed as election staff and presiding officers while Cosatu is openly campaigning for the ANC and is represented at national executive committee level in the ANC.

Regarding Section 24A of the Electoral Act, “Voting in voting district where not registered”, until the act is amended, the IEC must assure the MPF that measures are in place to stop the abuse (in the form of “bussing in” of voters) of this provision.

Political parties must table such measures at the national PLC for input and approval.

Taking into consideration that the IEC has the power to determine the date of an election, the MPF asks that the election not be held in school holidays so as to minimise the need for voters to travel on election day.

Political parties should specifically mandate their respective voting agents to assist one another in monitoring the voting process and specifically to report “voting en masse”.

Regarding the appointment of all IEC staff (and voter educators and presiding officers in particular), the IEC must ensure that such appointees have no declared and/ or open alliances with organised labour and or political parties.

Given the impracticality of political parties being involved in the interview and appointment of presiding officers, the IEC must ensure that such appointees sign a code of conduct that binds them to the impartial administration of an election.

It is requested that such a code of conduct should be tabled at a national PLC meeting. The MPF asks that after the appointment of presiding officers, the IEC give the assurance that all appointees have signed the code of conduct and that the signed documents should be made available for inspection upon request.

A disciplinary process should be in place should presiding officers be found in contravention of the code of conduct.

Past presiding officers that have a proven record of impartiality and proper administration of elections should be re-employed where possible.

Regarding the rights of party voting agents on election day, the MPF requests that a clear directive should be issued from the national level of the IEC, for example from the office of the IEC chairperson, on exactly what the rights of party voting agents are and how they should be treated on election day — thus establishing a national benchmark.

The MPF believes that the training of party voting agents is a matter of priority and should start as soon as possible.

The Voting and Training Directorate of the Electoral Commission should clarify its responsibility in this regard (that is, when, where, how, etc, such training will take place).

The tools, such as counting manuals, rules and regulations, used by party voting agents should be made available timeously and in sufficient quantity to address the total need.

Political parties should mandate their party voting agents to establish inter-party connections relationships so that political parties may share the load of monitoring the electoral processes on election day — especially at voting stations where it is difficult for each of the political parties to have several voting agents to work in shifts; in other words, sharing the load and protecting each other’s interests.

The quality of information on the voters’ roll is seriously questioned.

The MPF asks that the IEC ensure that the data captured on the voters’ roll is up to date, accurate and clean (poor capturing of information leads to a poor database).

Political parties should be satisfied that the voters’ roll meets the basic requirements for proper database administration.

The MPF asks that there should be a total review of the IT service providers the IEC employs. The IT systems used for capturing election results should receive special attention.

The MPF wants the tendering process itself to be screened by political parties to ensure that credible service providers are appointed in a credible fashion.

The MPF wants to screen the IT companies appointed by the IEC as well, to be satisfied that they are not front companies for organisations and or individuals who have a vested interest in the election results.

Political parties should pool resources with regard to the whole issue of the IEC’s IT service providers.

Because of the highly technical nature of the matter, political parties must ensure that qualified experts express an opinion on the quality of the IEC’s service providers.

Such experts must express an opinion on the technology employed (including hardware, software, databases, communication systems, etc) and on the security of such systems, so as to ensure that the IT systems are tamper-proof.

The MPF will request government and the IEC to make a clear public statement specifically committing to withdrawing and preventing any influence the National Intelligence Agency (NIA), and other security bodies, may have or may have had over any aspect of the management or logistics (especially the role of IT service providers) of the electoral process or the IEC as an institution.

Given that the IEC has to ensure the safety of voting material (specifically looking at the security of ballot papers) on the eve of election, the MPF asks that more must be done to ensure that voting material is kept safe and secure.

Anecdotal examples of voting material being kept in the cars of presiding officers suggest that not enough is done in this regard.

We want the IEC to provide clear directives regarding the measures to ensure the security of voting material and who exactly is made responsible.

The IEC must assure political parties that voting material is safe and secure at all times before, on and after election day.

It is the considered opinion of the Multi-Party Forum that the MEC (Sworn or affirmed statement of registration) form should no longer be used.

Originally published on page 11 of Cape Times on November 13, 2008

… and there it is for debate!