Cadre Training

Electoral Code of Conduct.

THE  CONSTITUTION AND THE LEGAL FRAMEWORK GOVERNING ELECTIONS IN SOUTH AFRICA The Constitution : Chapter 1, Section 1(a)-(d). It includes all civil and political relating to elections such as the freedom of the media and the right to vote. The Bill of Rights : Freedom of conscience, Freedom of expression, Freedom of assembly, demonstration, pickets and protest and Freedom of association. The Electoral Commission Act : Act No.51 of 1996 – establishment of the Electoral Commission to manage National, Provincial and Municipal elections, powers, duties & functions The Electoral Act : Act No. 73 of 1998 provides regulations regarding the operation of national, provincial and municipal elections (The instruction manual for elections). Electoral Code of Conduct and electoral offences : The purpose is to promote conditions that are conducive to free and fair elections; including the following: Tolerance of democratic political activity Free political campaigning and open public debate Every registered party and every candidate is bound by this Code. Electoral Code of Conduct and electoral offences : Parties sign a Pledge (Statement of Commitment)    Any political party that breaches the code can : be fined; be stopped from working in an area; or have their votes in an area cancelled. The Electoral Court has jurisdiction in respect of all electoral disputes and complaints about infringement of the Code of Conduct, subject to section 20(40) of the Electoral Commission Act. What is Electoral Fraud ? It refers to illegal  interference with the process of an election through deliberate wrongdoing. Electoral fraud can take place before an election taking place and throughout the election period, both inside and outside voting stations. Electoral fraud is a crime in South Africa.  

THE  CONSTITUTION AND THE LEGAL FRAMEWORK GOVERNING ELECTIONS IN SOUTH AFRICA   ØThe Constitution : Chapter 1, Section 1(a)-(d). It includes all civil and political relating to elections such as the freedom of the media and the right to vote. ØThe Bill of Rights : Freedom of conscience, Freedom of expression, Freedom of assembly, demonstration, pickets and protest and Freedom of association. The Electoral Commission Act : Act No.51 of 1996 – establishment of the Electoral Commission to manage National, Provincial

MODULE 1 THE  CONSTITUTION AND THE LEGAL FRAMEWORK GOVERNING ELECTIONS IN SOUTH AFRICA The Constitution : Chapter 1, Section 1(a)-(d). It includes all civil and political relating to elections such as the freedom of the media and the right to vote. The Bill of Rights : Freedom of conscience, Freedom of expression, Freedom of assembly, demonstration, pickets and protest and Freedom of association. The Electoral Commission Act : Act No.51 of 1996 – establishment of the Electoral Commission to manage National, Provincial and Municipal elections, powers, duties & functions The Electoral Act : Act No. 73 of 1998 provides regulations regarding the operation of national, provincial and municipal elections (The instruction manual for elections). Electoral Code of Conduct and electoral offences : The purpose is to promote conditions that are conducive to free and fair elections; including the following: Tolerance of democratic political activity Free political campaigning and open public debate Every registered party and every candidate is bound by this Code. Electoral Code of Conduct and electoral offences : Parties sign a Pledge (Statement of Commitment) Any political party that breaches the code can : be fined; be stopped from working in an area; or have their votes in an area cancelled. The Electoral Court has jurisdiction in respect of all electoral disputes and complaints about infringement of the Code of Conduct, subject to section 20(40) of the Electoral Commission Act.   What is Electoral Fraud ? It refers to illegal  interference with the process of an election through deliberate wrongdoing. Electoral fraud can take place before an election taking place and throughout the election period, both inside and outside voting stations. Electoral fraud is a crime in South Africa.   Reporting of Offences If a political party or candidate has breached the Electoral Code of Conduct the matter can be: reported to the Electoral Court; reported to the nearest branch of the SAPS or reported to the Electoral Commission through its municipal. Provincial or National office. Refer to page 15 Observer Handbook for the detailed type of offences. The main types of the electoral systems The “winner takes all” or constituency system                       - In this system the country is divided into   constituencies or wards in which one votes. The   party with the highest number of votes in the ward   wins the election and gets a seat in   Council/Legislature/Parliament. The proportional representation (PR) system                     -The PR system is also called the party list system.   Here every vote counts. The total number of votes   a party gets decides the number of seats it gets. A mixed system                   -This is a combination of the “winner takes it all” and   PR systems. The final number of seats that goes to    different parties is decided by the principle of   proportionality. Party Liaison Committees At national, provincial and local level, the Electoral Commission coordinates Party Liaison Committees (PLCs), whose functions are to: inform political parties on election arrangements, including procedures for attendance at election result centres; consult and advice Electoral Commission on election arrangements; and deal with conflict between parties, or between a party and the Electoral Commission.  At local level, all registered political parties have two representatives at the local PLC. Rules governing party agents A party agent must: wear prescribed tags that state “Party Agent and the party they represent; communicate with the presiding officer or his/her deputy, and not with ordinary voting officers; comply with any orders given by the presiding officers; not display or distribute any...

THE  CONSTITUTION AND THE LEGAL FRAMEWORK GOVERNING ELECTIONS IN SOUTH AFRICA The Constitution : Chapter 1, Section 1(a)-(d). It includes all civil and political relating to elections such as the freedom of the media and the right to vote. The Bill of Rights : Freedom of conscience, Freedom of expression, Freedom of assembly, demonstration, pickets and protest and Freedom of association. The Electoral Commission Act : Act No.51 of 1996 – establishment of the Electoral Commission to manage National, Provincial and Municipal elections, powers, duties & functions The Electoral Act : Act No. 73 of 1998 provides regulations regarding the operation of national, provincial and municipal elections (The instruction manual for elections). Electoral Code of Conduct and electoral offences : The purpose is to promote conditions that are conducive to free and fair elections; including the following: Tolerance of democratic political activity Free political campaigning and open public debate Every registered party and every candidate is bound by this Code. Electoral Code of Conduct and electoral offences : Parties sign a Pledge (Statement of Commitment) Any political party that breaches the code can : be fined; be stopped from working in an area; or have their votes in an area cancelled. The Electoral Court has jurisdiction in respect of all electoral disputes and complaints about infringement of the Code of Conduct, subject to section 20(40) of the Electoral Commission Act. What is Electoral Fraud ? It refers to illegal  interference with the process of an election through deliberate wrongdoing. Electoral fraud can take place before an election taking place and throughout the election period, both inside and outside voting stations. Electoral fraud is a crime in South Africa.     Reporting of Offences If a political party or candidate has breached the Electoral Code of Conduct the matter can be: reported to the Electoral Court; reported to the nearest branch of the SAPS or reported to the Electoral Commission through its municipal. Provincial or National office. Refer to page 15 Observer Handbook for the detailed type of offences.   THE  ELECTORAL SYSTEMS OF SOUTH AFRICA The main types of the electoral systems The “winner takes all” or constituency system                     -In this system the country is divided into   constituencies or wards in which one votes. The   party with the highest number of votes in the ward   wins the election and gets a seat in   Council/Legislature/Parliament. The proportional representation (PR) system                    -The PR system is also called the party list system.   Here every vote counts. The total number of votes   a party gets decides the number of seats it gets.   A mixed system                  -This is a combination of the “winner takes it all” and   PR systems. The final number of seats that goes to    different parties is decided by the principle of   proportionality. NATIONAL & PROVINCIAL ELECTIONS IN SOUTH AFRICA Party Liaison Committees At national, provincial and local level, the Electoral Commission coordinates Party Liaison Committees (PLCs), whose functions are to: inform political parties on election arrangements, including procedures for attendance at election result centres; consult and advice Electoral Commission on election arrangements; and deal with conflict between parties, or between a party and the Electoral Commission.  At local level, all registered political parties have two representatives at the local PLC.   POLITICAL PARTY AGENTS Rules governing party agents A party agent must: wear prescribed tags that state “Party Agent and the party they represent; communicate with the presiding officer or his/her deputy, and not with...