As South Africans vote in the local government elections, the Electoral Commission of South Africa (IEC) is responsible for ensuring that complaints are dealt with in accordance with the law. The commission's responsibilities include adjudicating administrative disputes, deciding formal objections that could affect election results, and dealing with complaints involving the Electoral Code of Conduct. The IEC's dispute resolution system provides a framework for addressing disputes related to the administration and conduct of elections.
The IEC's Political Liaison Committee (PLC) system operates at national, provincial, and municipal levels, providing a forum for the commission and political parties to discuss electoral matters, raise concerns, and seek solutions. However, PLCs do not replace formal objections or the legal processes available to parties seeking to challenge an election result. Parties represented in the National Assembly, provincial legislatures, and municipal councils may appoint up to two representatives to the relevant committees.
The IEC has the power to adjudicate disputes arising from the organisation, administration, or conduct of elections that are administrative in nature, as provided in Section 5(1)(o) of the Electoral Commission Act. This provides a mechanism for addressing disputes about the administration of electoral processes. A 2021 judgment involving the IEC and the DA distinguished administrative disputes concerning the mechanics of an election from disputes requiring powers or remedies that the legislation does not confer on the commission.
A separate process applies to objections material to the results of municipal elections, as outlined in Section 65 of the Local Government: Municipal Electoral Act 27 of 2000. An interested party may object to matters concerning voting or counting procedures, as well as specified unlawful conduct involving interference with election activities or the intimidation or obstruction of voters. Objections must be lodged in writing with the commission by 5 pm on the second day after voting day.
The deadline for lodging objections is strict, and the commission may condone a late objection if the statutory requirements are met. The IEC must consider the objection and notify the objector and other interested parties of its decision. A party aggrieved by that decision may appeal to the Electoral Court within seven days. The court can reject the appeal, amend the commission's decision, set aside the election, or make another appropriate order.
Complaints involving the Electoral Code of Conduct follow a different legal route, with the code establishing standards for parties and candidates intended to promote free and fair elections, tolerance of democratic political activity, open public debate, and lawful campaigning. The legislation provides mechanisms for enforcing the code, including civil proceedings to enforce provisions of the act or the code.
The distinction between a code complaint and an objection to an election result matters, as allegations of intimidation, unlawful campaigning, or other prohibited conduct must be assessed under the relevant provisions. Parties contesting the local government elections must understand the practical implications of the electoral dispute resolution system and comply with the applicable procedural requirements to ensure that their complaints are considered.
Key points
- The IEC's dispute resolution system provides several avenues for political parties to challenge alleged irregularities and seek action against breaches of election rules.
- The PLC system operates at national, provincial, and municipal levels, providing a forum for the commission and political parties to discuss electoral matters.
- The deadline for lodging objections to municipal election results is 5 pm on the second day after voting day.
