Constitution determines clear time frames and procedures {writer: Leon Alberts}

This year’s municipal elections will be South Africa’s third such elections for the third tier of government under the Constitution negotiated after the first fully democratic national elections of 1994, which elected a constituent assembly that acted as the first parliament.

Initially, in the immediate period following the 1994 elections, local government was arranged in terms of a Local Government Act which, among others, arranged for the merger of the racially segregated local authorities that existed under the apartheid system.

The first proper municipal elections under the new Constitution of the Republic of South Africa took place in December 2000, when fully integrated local authorities were first elected for a five-year term.

In terms of the prescriptions of the national Constitution, new elections for municipal councils have to take place within 90 days after the five-year term of existing councils expires.

For the councils presently in place, the expiry date arrived on 1 March this year.

The elections for new councils now have to take place before 1 June.

The Independent Electoral Commission (IEC), the constitutionally created independent body responsible for the planning for and organisation and administration of elections, has therefore used 1 March as the central date for the purposes of its planning.

IEC’s election theme

At the launch of its preparation campaign in January this year at Gallagher Estate in Midrand, Gauteng, the IEC’s chief electoral officer Pansy Tlakula said that, capitalising on the national pride and euphoria felt during the 2010 Fifa Soccer World Cup, the Commission’s theme for the election will be “Love Your South Africa”.

These local elections are about where you live, and that citizens are attached to their neighbourhoods and can show their love for these areas by registering and voting, and having a say on how these are run.

Tlakula said the IEC hopes to get 1.5 million new registrations on the voters’ roll, which is currently sitting at 23 181 997.

Voting stations were initially open on 4 and 5 February for voter registration.

The chairperson of the IEC Brigalia Bam announced after the first registration weekend that another round of registrations were to take place on 5 and 6 March.

She said the first registrations weekend was extremely successful, with about 1.2 million voters having re-registered, or registered to vote as they have turned 18.

Bam added that more than 650 000 young people under the age of 30 years participated in the first voter registration weekend. Of these, more than 430 000 were new registrations.

After that weekend, the voters’ roll now stood at more than 23.1 million people.

“In local government elections, every vote counts, so registering is very important; and we are appealing to all South Africans to assist us in updating the voters’ roll,” Bam said.

The IEC indicated that preparations for these elections begun in earnest when the Municipal Demarcation Board (MDB) finalised and submitted the country’s new wards to the IEC on 1 September 2010.

Following this submission of wards, the IEC undertook an intense and careful realignment of its own voting district network to ensure voters affected by the changes in the demarcation process are targeted and informed about how these changes affect them and, where necessary, re-register them. This targeted communication and registration initiative was undertaken in the first two weeks of December 2010.

Scope of the elections

The 2011 municipal elections will take place in eight metropolitan councils, 226 local councils, 44 district councils and 4 277 wards. The IEC has established 20 868 voting districts for this purpose, with 633 of the voting districts serving as voting centres and dedicated to servicing densely populated voting districts.

A little more than 60 000 registration officials were trained for the voter registration weekends, and no less than 196 000 staff members will be recruited for Election Day.

Party liaison committees have been consulted to ensure presiding and deputy presiding officers comply with the criteria set for their appointment, and that they would indeed discharge their responsibility impartially, efficiently and with distinction, the IEC said at its campaign launch in January.

Following the latest demarcation process, there are 4 277 wards countrywide and there will be 4 555 different ballot papers.

“It is a very complex process and not a walk in the park,” Tlakula said. “We have had five elections that went fairly smoothly, but we are not being complacent...

“The stakes are high. Badly managed elections can lead to mayhem and loss of lives,” she said, referring to the impasse in the Ivory Coast at the time.

Other supporting arrangements include the following:

• The IEC has activated its 0800 11 8000 toll-free number to the call centre since 3 January 2011. This number is fully operational between 08h00 and 17h00, and voters can be assisted with any clarification pertaining to registration and voting in these elections.

• Provinces have rolled out voter and balloting education since January to ensure eligible voters are informed about the voting process.

• An SMS facility has been made available to voters to check their registration details via cellphone. This facility is user-friendly and is available on all three networks – Vodacom, MTN and Cell C. All that a voter has to do, is type in his/her identity number and send it to 32810 on any of the three networks, and in return he/she will receive confirmation of his/her registration details.

• In addition, registration details can be verified at any time through the “Am I registered?” facility on the IEC website at www.elections.org.za. Voters can check whether they are registered and, if not, where they should register.

The IEC made a call to all eligible voters to use the facilities provided across the wide range of communication platforms to register and vote in these elections. “The love for South Africa must stir each one of us to participate in these elections,” Tlakula concluded.

Expected turnout

While continuing service delivery protests, which often turn violent, convinced many commentators that the 2011 municipal elections would see a low-percentage turnout at ballot stations, others see it differently.

Speaking at an IEC seminar in Gauteng on the state of local government ahead of the 2011 municipal elections, local government consultant Ralph Mathekga said: “There might be protests in certain parts of the country, but there will be a high and satisfactory level of voter participation.”

These sentiments were shared by Derek Powell from the University of the Western Cape’s Community Law Centre, who said that “protesters are very much enthusiastic about participating in the voting process. It is a fact that protesters support elections.”

View from the outside

The view of Wikipedia on the prospects for South Africa’s upcoming municipal elections was stated in an article last updated on 7 February this year:

“The ruling African National Congress remains dominant in South African politics, but generally performs relatively poorly during the mid-term local government elections.

“The opposition Democratic Alliance is aiming to achieve greater stability in marginal municipalities in its Western Cape stronghold whilst breaking new ground in other parts of the country,” it stated.

“The DA is also heavily attempting to win the Northern Cape Province (the only other province without a black majority), and coloured areas of the Eastern Cape and Free State. It is thought that most whites, coloureds and Indians will vote DA.

“Crucially, success for the opposition rests largely on the level of turnout for the ANC. The economic recession, coupled with a gravely deteriorating rate of service delivery, has sparked unprecedented levels of discontent across the country,” Wikipedia added.

About the metropolitan areas, the site reported that “in particular, opposition leader Helen Zille will attempt to replicate her party’s success at multiparty governance in Cape Town by bringing the ANC’s support under 50% in other major cities.

“Port Elizabeth appears to be the most vulnerable for the ANC, with Pretoria, Johannesburg, Ekurhuleni and almost all municipalities in the Northern Cape facing stiff challenges from the DA, Cope and the ID.

“Port Elizabeth sits in a very unique region, as it lies roughly at the border between the black and coloured population.

“Therefore, there will be strong opposition from minorities in the city to try and gain governance,” it added.

“Although the Nelson Mandela Bay Municipality is over 60% black, the DA hopes that by using Cope and the UDM [United Democratic Movement], the vote for the ANC will be lowered under 50% so that the DA can form a coalition with minority parties.”