Electoral Commission on signing of Electoral Code of Conduct by national political parties

Leaders and representatives of the 13 political parties represented in Parliament today committed themselves, their parties, candidates and members to abide by the provisions of the Electoral Code of Conduct during the 2016 Municipal Elections.

The purpose of the Code in Schedule 1 of the Municipal Electoral Act (27 of 2000) is to ensure conditions conducive to free and fair elections by promoting tolerance of democratic political activity, free political campaigning and open debate. It is also expected of parties and candidates to promote the Code in their election campaigns.

The Pledge signed today commits leaders:

  1. To lead their parties in a manner that will reinforce a culture of tolerance towards all other parties contesting elections
  2. To effectively counsel and advise all candidates on their party lists so that each candidate will in turn propagate a message of maximum tolerance
  3. To publicly promote the eradication of no-go areas for political campaigns by political parties
  4. To desist from using speech or from participating in actions which will have the effect of provoking either parties’ supporters or members of the general public to commit acts of intolerance or take other inflammatory actions.
  5. To work together to achieve the objects and goals of the Code of Conduct

The Chairperson of the Electoral Commission, Mr Glen Mashinini, said in his address the Code of Conduct was equivalent to the “rules of the game” for elections.

“The Electoral Act requires that the Code of Conduct must be subscribed to by all parties and candidates before they may be allowed to contest an election. This ensures that all contestants are aware of the rules of the game before it is played. The purpose of the Code therefore is to ensure a level playing field.”

Mr Mashinini said that while ensuring free and fair elections was the mandate of the Electoral Commission “this is not something we can achieve alone or in isolation”.

“You can have the most well run and managed election on Election Day but if the conditions prevailing in the run-up to that election were not conducive to tolerance, to open and free debate, then the outcome cannot be free and fair.”

The Code includes a list of prohibited conduct and the Municipal Electoral Act includes penalties for any contraventions of the Code, ranging from a formal warning and fines to the cancellation of votes and party registration:

  • Using language which provokes violence
  • Intimidation of candidates or voters
  • Publishing false information about other candidates or parties
  • Plagiarising any other party’s symbols, name or acronyms
  • Offering any inducement or reward to a person to vote for a party
  • Destroying, removing or defacing posters of other parties.

The Electoral Court has jurisdiction in respect of all electoral disputes and complaints about infringements of the Code. Any member of the public has the right to approach this Court directly to report allegations of violations of the Code supported by the necessary evidence. Cases where criminality is involved such as the defacing of or damage to property should be reported to the SA Police Services.

The Code of Conduct requires compliance from all political parties, their members and independent candidates contesting the 2016 Municipal Elections and to all electoral laws.

Since municipal elections are also contested by a large number of local parties and independent candidates, events similar to the national signing will be hosted in provinces over the coming weeks.

For media queries:
Kate Bapela
Cell: 082 600 6386

For media interviews:
E-mail: spokesperson@elections.org.za

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