The Electoral Commission yesterday held an extraordinary meeting of the Commission to review last week’s order by the Electoral Court to postpone by-elections in Tlokwe and to assess the order’s implications for all scheduled by-elections and the upcoming 2016 Municipal Elections.
At the meeting the Commission resolved to:
- Instruct the Electoral Commission’s legal team to prepare an urgent appeal of the Electoral Court order at the Constitutional Court
- Embark on a variety of initiatives to update the voters’ roll with as many addresses for voters as possible ahead of the upcoming by-elections and this year’s Municipal Elections
- Continue with all preparations for the 2016 Municipal Elections as planned – including the voter registration weekend taking place at all voting stations this Saturday and Sunday
On the first resolution, the Commission deliberated on the Electoral Court order of last week in conjunction with the Constitutional Court ruling of 30 November 2015. It was guided in this regard by legal opinion of its senior counsel.
A number of uncertainties have arisen following the differences in interpretation of the Constitutional Court ruling including, amongst others:
- Whether the judgment of the Constitutional Court with regard to the capture of addresses for voters is prospective or retrospective in as far as it relates voters who were on the voters’ roll prior to 30 November 2016
- Whether the lack of an address on the voters’ roll invalidates that voters’ roll
- Whether the term “where available” in the legislation relates to the address being available to the Electoral Commission or available to the voter
The Commission believes that an appeal to the Constitutional Court will serve to provide the necessary clarity and certainty regarding its original ruling and the obligations of the Electoral Commission.
At the same time, the Commission yesterday resolved to embark on a variety of initiatives to update and enhance the entire voters’ roll with the addresses and/or location of voters wherever possible.
The Commission noted that since the inception of the voters’ roll in 1998 the Electoral Commission has held the view that disenfranchising a voter on the basis of a lack of a formal address is unacceptable in a country where there are millions of people who live in informal settlements and in rural communities.
This policy of inclusivity has resulted in a South Africa enjoying one of the highest levels of voter registration in the world – especially for a developing country - with an average of 80 percent of eligible voters registered.
The voters’ roll currently comprises approximately 25 million voters of which:
- Approximately 8.7 million (36%) have a full conventional address
- Approximately 8 million (32%) have a partial or generic address
- Approximately 8 million (32%) have no conventional address details listed
Following the Constitutional Court judgment in November, the Electoral Commission had undertaken a range of initiatives to ensure that all new registrations include address details or at least sufficient particulars of the voters’ location to place them in a voting district.
These measures included introducing a new supplementary form to the registration process for voters who do not have a conventional address in which they can affirm their location in a voting district.
The Commission yesterday resolved to do everything in its power to encourage all voters to update their details on the voters’ roll ahead of the 2016 Municipal Elections.
Among the measures to be considered include:
- Reviewing the original REC1 application forms to ensure that all address details, where provided, have been accurately captured
- Contacting all registered voters for whom there are currently no address details to request them to provide the Commission with an address
- Conducting targeted door-to-door campaign of registered voters without addresses on the voters’ roll with a view to obtaining address details
- Investigating alternative sources of address information for voters including from public and commercial sources against which addresses can be checked for voters
These measures will be supplemented with a general communications campaign to inform registered voters of the address situation and appeal to all registered voters to use the upcoming registration weekend to verify and update their registration details.
All voting stations will open as planned this weekend (5 – 6 March) between 8am and 5pm for all eligible voters to register, re-register and to update their address details. The Electoral Commission will provide details of its readiness for the weekend registration later this week.
The Commission is also considering additional opportunities for voters to register and update their information ahead of the 2016 Municipal Elections and will communicate these plans in due course.
The Commission will seek urgent engagements with the leaders of political parties represented on the National Party Liaison Committee and other key stakeholders this week to brief them on its decisions and its preparations for the postponed by-elections and the Municipal Elections.
The Commission appeals to all stakeholders for their cooperation and assistance in spreading the word to all voters to use the upcoming registration opportunities to register and to update their registration details.
Media queries:
Kate Bapela
Cell: 082 600 6386
For media interviews:
E-mail: spokesperson@elections.org.za
