Electoral Matters Amendment Bill: IEC briefing on Section 24A

Meeting report

The Chairperson welcomed all those who were present in the meeting. Thereafter, he mentioned that the Committee requested the IEC to brief it on Section 24A of the PPFA.

He then asked if the Committee received any apologies.

Mr Eddie Mathonsi (Committee Secretary) said the Committee received an apology from Mr Roos who was travelling.

Ms T Legwase (ANC) tendered an apology to the Committee as she would be leaving the meeting early.

Ms Janet Love (Deputy Chairperson of the IEC) tendered the apologies of both the Commissioner of the IEC and the Chief Electoral Officer.

Adv Phelelani Khumalo (Head of Legal Services at the DHA) tendered the apology of the Director-General of the DHA.

After noting the apologies the Chairperson handed over to the IEC for its presentation.

Briefing by the IEC on Section 24A

Mr Masego Sheburi (Deputy Chief Electoral Officer at the IEC) mentioned that there were two issues before the Committee that impacted the draft Bill as it stands. One, is the question of why voters, in line with Section 24A of the PPFA, who vote outside of their province are only entitled to the compensatory ballot. Two, that the word ‘or’ in the section should be changed to ‘and’.

Section 24A was amended in 2021 principally to safeguard the outcome of elections after reports in 2019 emerged that some voters were able to vote in separate voting stations. Faced with that difficulty the Commission asked the Statistician-General (SG) to look into the 2019 election results to make a value judgement on whether Section 24A played a part in the outcome of the result. However, the SG found no evidence that there was multiple voting to the extent that it would have altered the results of the elections.

Due to the amendment in 2021, Section 24A is no longer available by application at voting stations. Instead, it is only available through one providing pre-notification to the Chief Electoral Officer on a date that will be regulated in the election timetable. 

Voters who vote through Section 24A are not entitled to a set of ballot papers because a regional election to the National Assembly must be contested only by persons who are ordinary residents in that region. To do otherwise would allow people to influence the outcome of an election in a geographic area they are not ordinarily resident.

(See Presentation)

The Chairperson opened the floor for discussion.

Discussion

Mr B Pillay (ANC) asked what would occur in the instance where a voter registered in one voting station within the same province decides to vote at another.

Mr T Mogale (EFF) wondered why this amendment was made as a number of registered voters who are not aware of the change would be deprived of the ability to vote. As such, he proposed that the Committee support reverting to the original Section 24A.

In addition, he asked what would be a reasonable timeframe to allow voters to indicate which voting stations they would want to vote at should they find themselves outside of their provinces.

Adv B Bongo (ANC) mentioned that this matter was discussed extensively by the Committee in previous meetings. Moreover, he felt that the IEC’s presentation covered all the Members’ questions.

Mr Mogale said that Section 24B of the PPFA allowed for prisoners registered in one province to be able to vote for a regional and National Assembly seat if moved to a prison outside the province.

Ms A Khanyile (DA) asked if the IEC would consider giving voters a week or so to update their registration details if they will not be in their voting district on election day.

Mr Sheburi explained that an eligible voter must register and vote in a voting district within their ordinary residence in elections. Section 24A was introduced as a narrow exception to that rule to facilitate the continued franchise of persons who found themselves unavoidably outside their voting districts. However, over time it became a mechanism that some voters used to vote in less populated voting stations. If this was to continue then there would be an oversupply of ballots in voting stations.

The IEC has to ensure that it does not close the pre-notification period for Section 24A too early, as a number of people would be left out. Even though the voters’ roll closes at midnight of the day when the proclamation is made, the pre-notification period for Section 24A is a separate process, and the IEC will make the date known in due time. Once the election timetable is adopted by the Commission following the proclamation, it will make a presentation to the Committee to show which days the activities need to occur.

In terms of the Constitution, a person who is incarcerated does not have the freedom to register wherever they are ordinarily resident as their mobility is curtailed. As their incarceration does not strip their rights to citizenship, special measures must be implemented to ensure that they continue to enjoy their franchise.

Regarding what would occur in the instance where a voter registered in one voting station within the same province decides to vote at another, he said that if a registered voter gives notice of their intention to vote in a different voting district to the Chief Electoral Officer and indicates which voting station to do so, then he or she will receive the full suite of ballots.

Ms Love asked that the IEC clarify what would happen if a registered voter gives notice to the Chief Electoral Officer of their intention to vote in a different voting district but reverts to their usual place of address after the application has been approved.

Mr Sheburi explained that providing pre-notice did not remove one’s ability to vote at their own voting station.

Ms Love added that it was important to separate the announcement of the election day from the date of proclamation. She confirmed that the Commission will need to approve and gazette the election timetable and then make a presentation to the Committee.

Furthermore, she indicated that the Commission would soon begin outreach activities to inform voters on when they can apply to give notice of their intention to vote in a different voting district.

On the call for the legislation to revert to the original Section 24A, she indicated that this would require the country to have quality data so that the central voters’ roll could be continually reflected on. She hoped that this would occur in the not-too-distant future.

The Chairperson was pleased with the responses provided by the IEC. He asked for a mover to proceed with the clause.

Mr Pillay moved to proceed with the clause.

Ms M Modise (ANC) seconded the mover.

As no objections were noted the clause was duly adopted by the Committee.

The Chairperson asked Members if the Committee should meet on Thursday afternoon or Friday morning. He proposed they meet on Thursday afternoon

Ms L van Der Merwe (IFP) supported the Chairperson’s proposal.

The meeting was adjourned.