SECTION A
ROLE AND
FUNCTIONS OF INSTITUTION
Question 1
How do you
view your institution’s constitutional / legal mandate? In other words provide a description of your
understanding of your institution’s constitutional / legal mandate.
Response
The Electoral Commission’s (Commission) constitutional
and legal (national legislation) mandate, powers and functions are to be found
in the Constitution, 1996 (the Constitution) and six national acts.
1.1
The Constitution
The
Commission’s core function, as set out in section 181 read with section 190 of
the Constitution, is, as an independent constitutional institution, to
strengthen constitutional democracy in the Republic by –
(a)
managing elections of national,
provincial and municipal legislative bodies in accordance with national
legislation;
(b)
ensuring that those elections are
free and fair; and
(c)
declaring
the results of those elections within the prescribed period (seven days).
Constitutional
provisions –
(a) affirming the
Commission’s independence are to be found in section 181 of the Constitution;
(b) describing the
place of elections in the founding values of the state are to be found in
section 1(d) of the Constitution;
(c) explaining every citizen’s political
rights, also concerning elections, are to be found in section 19 of the
Constitution; and
(d) prescribing the
electoral systems and compositions of legislatures, candidacies, participating
parties, results determinations, seat allocations and related matters are to be
found in sections 46, 47, 105, 106 and 157 and schedules 6 and 6B of the
Constitution.
1.2 The Electoral Commission Act (51 of
1996)
The
Commission was established by this Act.
Apart from wide ranging prescriptions concerning the members of the Commission,
the Chief Electoral Officer, officers and employees, financial matters,
reporting obligations and the Electoral Court, the Act also expands the powers,
duties and functions of the Commission (its mandate). Section 5 of the Act lists 15 functions that
are included in the functions of the Commission. Some of the functions added to its core
functions are the following:
§
“promote
conditions conducive to free and fair elections” [Conflict resolution, Code of
Conduct, etc.]
§
“compile and maintain voters’ rolls”
§
“promote
knowledge of sound and democratic electoral processes” [through education for
democracy, voter education and balloting education programmes, and training of
electoral staff.]
§
“establish and maintain liaison and
co-operation with parties” [Specifically from this mandate our system of party
liaison committees nationally, provincially and locally, was developed; a unique South African system that advances
co-operation, complaints resolution and discussions on a wide range of
elections related matters amongst parties and between parties and the
Commission. This system has proved
tremendously beneficial to the creation of conditions conducive to free and
fair elections and the credibility of the results of elections.]
§
“undertake and promote research into
electoral matters”
§
“develop and promote the development
of electoral expertise and technology in all spheres of government”
§
“promote voter education” [hence the
Commission’s own voter education programs, joint voter education programs with
others and support of voter education programs conducted by NGOs]
§
“promote co-operation with and
between persons, institutions, governments and administrations for the
achievements of its objects” [through co-operation and collaboration with
government departments such as Education, Provincial and Local Government,
Safety and Security, Public Works and utilities state enterprises such as Eskom and Telkom.]
Further
comments which elaborate on some of these functions are to be found in 1.8
below.
Section 23
mandates the Commission to make regulations regarding amongst others –
§
Appeals and reviews brought to the
Commission;
§
the voters’ rolls;
§
the registration of parties;
§
the conduct of persons, parties and
candidates; and
§
generally,
all matters which are necessary or expedient to be prescribed in order to
achieve the objects of the Act.
1.3 The Electoral Act (73 of 1998)
This Act
regulates in detail the Commission’s and the Chief Electoral Officer’s mandate
in respect of, amongst others, -
§
the compilation and maintenance of
the national common voters’ roll;
§
the proclamation and preparations
for elections;
§
the managing of national and
provincial elections and the determination and declaring of results; and
§
the
system of objections and appeals.
1.4 The
Local Government: Municipal Structures Act (117 of 1998)
This Act provides
a framework for local government.
Concerning the mandate and functions of the Commission and the Chief
Electoral Officer, the Act regulates matters like –
§
two separate electoral systems for
metropolitan and local municipalities on the one hand and district
municipalities on the other hand;
§
the categories of municipalities and
the composition and membership of the councils of different categories of
municipalities;
§
some
of the functions of the Commission and the Chief Electoral Officer pertaining
to elections of councils, by-elections, the filling of vacancies and the effect
of floor crossings on the composition of municipal councils.
1.5 The
Local Government: Municipal Electoral Act (27 of 2000)
Whereas the
Electoral Act, 1998 (1.3 above) deals with national and provincial elections,
this Act contains corresponding prescriptions for municipal elections. Relative to the mandate of the Commission and
the Chief Electoral Officer, this Act, in addition to the kind of electoral matters
dealt with in the Electoral Act, 1998, also regulates, amongst others –
§
election management aspects
concerning the different electoral systems;
§
the nomination of ward candidates
and election procedures in respect of ward elections; and
§
election
procedures for district councils.
1.6 The
Local Government: Municipal Demarcation Act (27 of 1998)
This Act
establishes the Municipal Demarcation Board (MBD) with its main function being
the determination and re-determination of the boundaries of municipalities. Furthermore and in terms of the Municipal
Structures Act (1.4 above) the Demarcation Board must, for the purposes of an
election and after consultation with the Electoral Commission, delimit all
municipalities that must have wards, into wards.
The mandate
to participate in the delimitation of municipalities into wards was probably
assigned to the Commission in order for the Commission to ensure that the ward
delimitation would support free and fair elections.
The
Demarcation Act itself, in its section 23, also requires the Commission to
express its view on the effect of a boundary re-delimitation on the
representation of voters in the affected councils. Depending on the view expressed by the
Commission, the re-delimitation will come into effect at the next general
election or at an earlier date.
Close
co-operation with the MDB in both the re-determination of municipal boundaries
and the delimitation of wards is consequently of the highest necessity for
election integrity and the integrity of the Commission’s establishment of
voting districts.
1.7 Public
Funding of Represented Political Parties Act (103 of 1997)
In pursuance
of the requirements of section 236 of the Constitution concerning the public
funding of parties participating in national and provincial legislatures, this
Act established the Represented Political Parties Fund. The Act assigned the management and
administration of the Fund to the Commission.
The Chief Electoral Officer is the Accounting Officer and Chief
Executive Officer of the Fund.
The mandate
of the Commission in respect of the Fund includes, inter alia,
the following:
§
The yearly determination of the
amount available in the Fund for allocation to parties.
§
The determination of the amount to
be allocated to each represented party in accordance with a formula prescribed
by regulations made in terms of the Act.
§
The payment of the allocated amount
to each party in quarterly instalments.
§
Ensuring that the parties account
for the monies allocated to them.
§
The recovery of monies irregularly
spent.
§
Annual submission to Parliament of a
report on the management and administration of the Fund accompanied by
financial statements and a report by the Auditor-General.
1.8 In pursuance of its constitutional
and legal mandate, more particularly its mandate to strengthen
constitutional democracy, to compile and maintain the voters’ roll, and to
promote knowledge of democratic electoral processes, the development of
electoral expertise, voter education and co-operation with and between persons,
institutions, governments and administrations the Commission has engaged in,
amongst others, the following activities:
1.8.1 With respect to compiling and maintaining
the voters’ roll, the Commission undertakes continuous registration, targeted registration
and general registration projects in order to ensure that a voter is registered
and appears on the correct segment of the voters’ roll.
Continuous registration
involves the registration of voters at Municipal Electoral Offices. This
project ensures that registration facilities are available and accessible to
voters at all times.
Targeted registration
projects are concerned with correcting inaccuracies on the voters’ roll that
arise from re-delimitation of wards and voting districts. The objectives of such
projects are to re-register voters who appear in incorrect segments of the voters’
roll and to increase registration in the voting districts that show low
registration figures compared to the voting age population. In addition,
targeted communication serves to notify voters about changes in their voting
districts and serves to encourage them to register on general registration
days.
General registration
entails opening the Commission’s network of voting stations prior to every
election. For the general registration projects for the 2006 municipal
elections, this involved the opening of 18 873 voting stations on
1.8.2 Due to the success of democracy in
§
in co-operation with the Departments
of Education, the elections of school governing bodies;
§
students’ representative councils of
universities;
§
the South African Nursing Council;
§
trade unions;
§
taxi organisations;
§
trustees and office bearers of the
POLMED and PROSANO medical schemes;
§
the Executive Committee of the
Public Sector Training Forum;
§
Houses of Traditional Leaders; and
§
the
Government Employees Pension Fund.
The
Commission does not become involved in the internal elections of political
parties. The
mandate of the Commission takes precedence over and above requests from other
institutions. Requests for assistance are not acceded to when the Commission
has to conduct a by-election or within a period determined by the CEO before
national, provincial and municipal elections.
1.8.3 The Commission provided technical
assistance to a number of electoral management bodies in other parts of the African
continent. In support of government initiatives and by way of bilateral
agreements, the Commission rendered technical, managerial and logistical support
to the electoral commissions of the Democratic Republic of the Congo (DRC), the
Comoros and Lesotho in their running of elections in their countries. These activities of the Commission were
funded by the Department of Foreign Affairs.
1.8.4 Members of the Commission and its staff
served on and participated in meetings of regional, continental and
international organisations concerned with electoral democracy, e.g. the International
Institute for Democracy and Electoral Assistance (International IDEA), the
Electoral Commission Forum of SADC countries, the African Union and the
Cambridge
1.8.5 The Commission participated in the
observing of elections in numerous African and other countries.
1.8.6 The Commission, in partnership with the
African Union, held an International
1.8.7 In pursuit of education on electoral
democracy and voter education, the Commission embarked on a school-based
education programme and community-based educational
initiatives.
§
The schools project was started as a pilot project for
3 years in about 550 schools nation wide. The schools project has
continuously influenced the curriculum evaluation and repackaging to have
outcomes and values in formal school education with democracy education.
As a result of policy (National Curriculum Statement) encompassing democracy
education, the Commission continues to support educators with capacity and
information to be able to educate on democracy and human rights. Discussions
are ongoing with the Department of Education concerning the long-term
implications of this project.
§
Community-based democracy education activities have
been continuous in partnership with other organs of society. Specialized
programs were developed for various sectors of the communities such as commercial
farms, rural areas, traditional leadership and their areas, people with
disabilities, faith-based organizations, labour
unions, and employers’ associations.
1.8.8 With the Commission using large numbers of
schools as voting stations, it was able to identify for the education
authorities, especially rural schools that lacked the most basic of facilities
or with facilities in a bad state of disrepair.
In co-operation with provincial authorities the Commission then launched
a project to upgrade the facilities of these schools to a point where each
would at least have running water and pit or chemical toilets on their premises
and also, where possible, electricity.
1.8.9 With respect to its contribution to developing electoral
expertise, the Commission has been instrumental in the formalization of
electoral knowledge as part of the South African education and skills
initiative through the registration of unit standards on elections management.
The Commission has spearheaded the
registration of the following nine unit standards on elections with the South
African Qualifications Authority through the SGB, “Democracy, Human Rights,
Peace and Elections”:
TITLE |
LEVEL |
CREDIT |
SAQA ID
|
Design
standards and practices for electoral observation and monitoring |
7 |
10 |
119625 |
Evaluate
and revise electoral processes |
7 |
12 |
119623 |
Design
electoral processes |
7 |
12 |
119624 |
Plan
and manage electoral processes |
6 |
12 |
119626 |
Plan
and manage electoral observation to contribute towards free and fair
elections |
6 |
8 |
119622 |
Manage
a voting station to contribute towards free and fair elections |
5 |
4 |
114088 |
Manage
voter registration |
5 |
4 |
119628 |
Conduct
electoral observation and monitoring to enhance the practice and assessment
of free and fair elections |
5 |
4 |
119621 |
Demonstrate
knowledge of electoral principles, practices and processes |
4 |
4 |
119627 |
These
unit standards are available for any accredited service provider to develop
materials for, train on and formulate into workplace skills programmes.
In doing so, the Commission has placed in the public domain educational
standards that would have been restricted to a handful of people in the
country.
These
initiatives have been underpinned by the training conducted by the Commission.
Whereas the elections training prior to 2003 was based purely on the institutional
needs of the Commission, later training would be a combined focus on
institutional needs and measured against these nationally recognized unit
standards, which also have international standing as the only ones of their
kind. Since 1998, the Commission has trained close to 1.3 million people to
work during registration and election events ahead of a general election.
The
development of these officials has been taken to another level ahead of the
2006 elections with the establishment of a training academy called the Centre
for Elections Learning. The Centre strives to “create election professionals
that are an asset to the nation and the world”. The Centre serves to promote
the development of electoral expertise as is required by the Commission, as
well as catering for election management bodies around the globe. As part of
the Commission’s internal development, it has put in place a 9-month skills programme to develop 300 election trainers, another first
of its kind internationally. These trainers, most of who work at municipal
level, can be utilized in other areas of municipal activities, as their
training has not only been in elections management, but also matched against
industry standards around training and development.
This
trainer development programme has gone hand-in-hand
with the introduction of e-Learning on elections management, the first
computer-based type training for election officials in the world. With the
remainder of a 10-module curriculum to be developed in the near future, this programme will be available, not only to election officials
inside the country, but also to any interested person beyond the Commission, as
well as other countries as part of an offering by the Centre for Elections
Learning.
The
work of the Centre for Elections Learning has been further bolstered by
partnerships with international and local bodies such as International IDEA and
the Electoral Institute for Southern Africa (EISA) in offering of
classroom-based courses of the international BRIDGE (Building Resources in
Democracy, Governance and Elections) Project. The BRIDGE Project is a 10-module
curriculum developed by the UN’s Electoral Assistance Division, International
IDEA and the Australian Electoral Commission and is the foremost and most widely-offered
international course of its kind on election management. In these partnerships,
the Commission has successfully trained roughly 75 election officials from more
than 30 different countries, predominantly from
In
its efforts around training, the Commission has set itself at the forefront
internationally as one of the key institutions when it comes to promoting a
high calibre of professionalism and excellence
amongst its staff. This is embodied in its approach towards contextualizing
election management as a body of competency within the national education and
skills framework, its efforts internally to ensure the highest degree of
service delivery, as well as involvement in international programmes
such as the BRIDGE project, to ensure the sharing of expertise and knowledge
through capacity development programmes.
1.10 In Conclusion
1.10.1 Towards the exercise of its mandate, the
Commission has been assigned powers and functions that are executive,
administrative, quasi-judicial, subordinate legislative, educational and
advisory.
1.10.2 To cover the scope of its mandate, the
Commission itself functions in four committees, ie –
§
Electoral Operations
§
Finance and Information Technology
§
Human Resources and Support Services
§
Outreach and Communications
Question 2
What role or
function does your institution perform that is not carried out by other
institutions, whether in government or civil society?
Response
Section 1 of the Constitution provides that the “
Question 3
In what way,
if any, does the role and function of your institution overlap or potentially
overlap with other Chapter 9 institutions?
Response
As Chapter 9 institutions we all share the
constitutional mandate of entrenching democracy in our different spheres of
activity but the Electoral Commission’s roles and functions do not overlap with
those of any other chapter nine institutions. The Commission’s specialised
focus is the deepening of electoral democracy.
Question 4
What
outcomes do you strive for in order to realise the constitutional / legal
mandate set out in 1 above?
Response
In compliance with Treasury regulations the Commission
develops strategic objectives, which are aligned with its budget. These
strategic objectives flow from the Commission’s constitutional / legal mandate.
In line with these objectives, programmes with specific activities, defined
indicators and measurable outcomes are developed.
The strategic objectives for the current financial
year are:
4.1 To entrench the Commission as a
focal point for the delivery of free and fair elections in the most efficient
and cost effective manner;
4.2 Maintain an optimal network of voting
districts and voting stations for the by-elections to ensure reasonable access
by voters and to maintain an accurate and up-to-date national common voters roll;
4.3 To inform voters on electoral processes
with a view to ensuring maximum participation (turnout) and the least possible
number of spoilt ballot papers;
4.4 To ensure the effective participation of
political parties and independent ward candidates in electoral processes;
4.5 To maintain and consolidate
organisational systems and infrastructure in respect of voting facilities and
agencies for by-elections;
4.6 To ensure that the necessary resources
i.e. financial, human resources, information technology, corporate services,
legal support, security as well as internal and external
communications are maintained in order to ensure the effective
functioning of the Commission;
4.7 To offer the highest possible standard
of training to officials to facilitate a fluent and effective voting process
and the accurate recording of the results of elections.
The current Strategic Plan is attached as Annexure 1.
Question 5
Does the
empowering legislation governing your institution provide a clear, workable,
and comprehensive legal framework that supports and empowers the institution to
successfully fulfil its core mandate?
Response
Yes.
Furthermore section 5 (j) of the Electoral Commission
Act, 1996 charges the Commission with continuously reviewing electoral
legislation and proposed electoral legislation and making recommendations in
connection therewith. In the exercising
of this function the Commission initiated and was involved in processes that
led to the passing of both the Electoral Act, 1999 and the Local Government:
Municipal Electoral Act, 2000 by submitting draft bills and memoranda to
Government and by being intimately involved in the parliamentary
processes. The Commission was similarly
involved in subsequent amendments of the Electoral Act, 1999, the Electoral
Commission Act, 1996 and related amendments to the Local Government: Municipal
Structures Act, 1998.
The Commission is also required by the two electoral
acts to prescribe certain matters by way of regulations and empowered by these acts
to make regulations regarding any matter that it considers necessary or
expedient in order to achieve the objects of those acts. It is empowered by the Electoral Commission
Act, 1996 to make regulations regarding a variety of specified matters as well
as generally where necessary or expedient to achieve the objects of that act.
The Commission has made and whenever necessary updated
various sets of such regulations. Copies
of those sets of regulations as they currently exist are submitted under
separate cover.
Question 6
What
mechanisms do you have in place to measure the outcomes set out in 4 above, and
how do you assess the effectiveness and impact of your work?
Response
On an operational day-to-day basis, the Commission
employs an internal project evaluation system, the Project Charter System (PCS)
to monitor progress against objectives. The outcomes are measured internally
through debriefing sessions to continually improve performance. During periods
of high activity, weekly “Nerve Centre” meeting are held where progress against
milestones is evaluated. The political parties are also given the opportunity
to submit their assessment at debriefing workshops held immediately after
elections, as well as on a regular basis at Party Liaison Committees. Workshops
and briefings are conducted with other stakeholders, including government
departments (such as Home Affairs, the South African National Defence Force and
the South African Police Services), faith-based organisations, non-governmental
organisations, and traditional authorities.
Independent research on voter attitudes and surveys on
the credibility, performance and satisfaction level of the voters, are also
conducted
The effectiveness and impact of the work of the
Commission is assessed, inter alia, in terms of:
§
the total number of registered
voters versus the number of eligible voters;
§
the cost effectiveness of the
management of the election vis a vis
previous elections;
§
the performance rating recorded
through independent research and exit polls;
§
the turnaround time:
- of voting in a station.
- of the accurate capturing of results.
- of the declaration of results as soon as possible within the
prescribed period.
- in responding to any complaint, objection, enquiry or
request.
§
the percentage spoilt ballot papers
compared with democracies in developing and developed countries;
§
the voter turnout compared with
democracies in developing and developed countries;
§
court decisions, if any, annulling
the election;
§
comments
and inputs from independent national and international experts and bodies,
including observer missions.
Question 7
Have you
carried out any evaluation looking at the success or otherwise of your
functions, especially in relation to recommendations sent to government, parliament
or other public institutions?
Response
The Commission has regularly evaluated the success
with which it has carried out its functions and has placed a great deal of
emphasis on this matter. The evaluations
it has undertaken include:
§
Debriefing of its municipal,
provincial and national staff complement after each of the four general
elections it has conducted.
§
Debriefing of participating
political parties after elections.
§
Consistent consultation with
represented political parties by means of the party liaison structure at a
national, provincial and municipal level.
This happens at least quarterly and not only concerns past performances
but also concentrates on planning for future elections and scrutiny thereof and
amendments to the legal framework if need be.
Political parties are also specifically consulted about the regulations
the Commission makes – which are not otherwise subject to parliamentary
control.
§
The Commission has on a number of
occasions contracted the HSRC to conduct pre- and post-election surveys to
determine the views of voters about processes and facilities in relation to
registering as a voter and casting a ballot.
Copies of such surveys are enclosed under separate cover.
§
The Commission has also contracted
the HSRC to do research to determine the needs and attitudes of voters with a
view to taking such findings into account with its determination of strategic
objectives and with the planning of elections and budget requirements.
§
The Commission has regular contact
with the Parliamentary Portfolio Committee for Home Affairs and that Committee
has also on a number of occasions visited the Commission to be briefed on
projects and electoral preparations.
§
The Commission has developed
sophisticated methods for reporting its progress in particular areas of the
electoral process such as the rate of registration in particular geographic
areas, voter participation, the rate of spoilt ballots and the like. This information is also provided to political
parties and the public at large. An Atlas
of Results that illustrates the thematic reporting methodology is submitted
under separate cover.
There is intense public focus on the activities, views
and performance of the Commission by voters, the media, political parties, parliament and to some extent the international community –
including election management bodies in
Question 8
What have
been / are the major constraints facing your institution and how have these
impacted on its ability to achieve its mandate?
Response
8.1 Historically, the major constraints
encountered by the Commission at the outset concerned budgeting and attempts to
change the Commission from an independent elections management institution to a
supervisory body. Details concerning these challenges and the way in which they
were resolved appear in response to Question 23.
8.2 In terms of budget, the initial challenges
have been resolved. The Electoral
Commission follows a project-based approach for all of its diverse activities
and detailed budgets are drawn up
8.3 A contributing factor to an amicable
relationship has been the fact that the Electoral Commission now consistently
receives unqualified audit reports. This stems from a sound in-house-developed
financial workflow system that ensures prior approval of and the correct
allocation of all expenditure. A further factor is that the Commission has
managed to contain growth in its budget over the past six years and that the
cost in real terms, taking inflation into account, has in fact dropped. This in part relates to initial capital
expenditure that did not to have to be repeated but also to much increased
efficiency in its general activities and, in particular, its procurement
processes. The Commission has thus
managed to keep costs at a constant level despite having increased facilities
(registration and voting stations) for voters by nearly 50% since 1999.
8.4 It is always possible to sensibly
utilize more funding for especially voter education – in particular because the
rate of participation by voters seems to be declining. The Commission has budgeted and has spent
responsibly and government has supported equally responsibly. There are thus no fundamental constraints
that have endangered the holding of free and fair elections as the basic
cornerstone of our democracy.
SECTION B
RELATIONSHIPS
WITH OTHER BODIES
Question 9
How do you
view your institution’s relationship with the executive and Parliament, given its
constitutionally guaranteed independence and impartiality and the
constitutional requirement to be accountable to the National Assembly?
a.
What
legal and other mechanisms are in place to ensure and strengthen your
institution’s independence;
b.
What
mechanisms are in place to facilitate reporting to (and being accountable to)
the National Assembly;
c.
How
do you view your relationship with the executive and under what circumstances do
you engage the executive.
Response
Concerning the introductory paragraph and parts of items
b and c of the question the reader is referred to the response to Question 23.
Concerning item a, the following response is
submitted:
9.1 One of the basic tenets of a democratic
system of government is the so-called separation of powers. Traditionally three sets of powers were
divested from the all-powerful monarch and assigned to a legislature, an
executive and a judiciary. The
independence of these bodies was to be found more in the fact that certain
governmental powers were assigned to each exclusively, than in other legal or
other measures to protect their independence.
Thus only parliaments (or their equivalents in different states) could
make laws, only ministers could administer those laws and only courts could try
accused offenders and adjudicate disputes under those laws. Each exercised its governmental powers
independently from all others.
9.2 In theory at least, no other legal or
other measures should be necessary to ensure and strengthen the independence of
these institutions, including that of the Electoral Commission. But human nature being what it is, various
mechanisms (mainly legal) have been provided to assist the Commission and its
officials to maintain its independence and assist it to “be impartial” and to
exercise its powers and perform its functions “without fear, favour or
prejudice” as required by section 181 of the Constitution: inter alia the following:
9.2.1 Section 181(3) and (4) of the Constitution,
the latter providing that “no person or organ of state may interfere with the
functioning of these institutions”.
9.2.2 Section 6 of the Electoral Commission Act,
1996 providing for a transparent process for the appointment of members of the
Commission.
9.2.3 Section 21(1)(c) of the Electoral
Commission Act, 1996 making it an offence punishable with imprisonment for up
to five years to do “anything calculated improperly to influence the Commission
…in respect of any matter being or to be considered by the Commission…”.
9.2.4 Section 87(1) read with section 98 of the
Electoral Act, 1998 making it an offence punishable with up to ten years
imprisonment for anyone to “interfere with the independence or impartiality of
the Commission, any member, employee or officer of the Commission, or the chief
electoral officer” or to “prejudice any person because of any past, present or
anticipated performance of a function in terms of this Act” or to “advantage,
or promise to advantage, a person in exchange for that person not performing a
function in terms of the Act”.
9.2.5 The Electoral Act, 1996, further
strengthens the independence of the Commission. This Act provides for the appointment
procedure, terms of office, conditions of service, removal from office and
suspension of members of the Commission.
Concerning item c, the following response is
submitted, in addition to the response to Question 23:
9.3
The Commission engages continuously
with the executive, for example:
9.3.1
The Minister of Education on our
Schools Project;
9.3.2
The Minister of Provincial and Local
Government on the establishment of Electoral Units;
9.3.3
The Ministers of Defence and Safety
and Security and security and logistics issues relating to elections;
9.3.4
The Minister of Foreign Affairs on
electoral technical assistance programmes to other parts of the African
continent and on elections observation in other countries;
9.3.5
The Minister of Home Affairs on
matters pertaining to the population register and ID campaigns; and
9.3.6
The Inter-ministerial Committee on
Elections in preparations for the elections.
Question 10
Is
Parliament currently effectively fulfilling its oversight role over your
institution? If not, how can this be improved?
Response
10.1 S181 (5) of the Constitution states that Chapter
9 institutions are accountable to
National Assembly and must report on their activities and performance of their
functions to parliament at least once a year.
10.2 S14 of the Electoral Commission Act lists
the following reports that the Commission has to produce:
(a)
Annual report as soon as possible
after the end of each financial year to be submitted to National Assembly. This
report to include audited financial statements as well as report on the
functions, activities and affairs of the Commission. (S14 (1)).
(b)
A report on any election conducted
as soon as possible after the event.
10.3
In terms of S6 (3) of Public Funding
of Represented Political Parties Act, 1997, the Commission must within 30 days
of receipt of Auditor-General’s report on the financials thereof, further
submit a report to Parliament with audited and financial statements.
10.4
The Electoral Commission has always
adhered to these reporting obligations stated above by ensuring that all
members of parliament receive copies of the requisite reports so as to properly
perform their oversight role.
10.4.1
The Commission has regular interaction with the Portfolio Committee of Home Affairs.
For example in the past five years the Commission met with this committee at
least ten times. Members of the Committee have always taken a keen interest in
our work by ensuring that we regularly report on our work, our achievements as
well as our challenges.
In addition
to regular general briefings on our work, the Portfolio Committee would have
sessions with the Commission before any major election conducted by ourselves
to ensure that there are no impediments to the running of a free and fair
election. For example when the problem of identity documents was a big
challenge for the 1999 elections, the intervention of parliament and government
ensured that special measures were put in place to facilitate access to IDs by
eligible voters.
In addition,
the Portfolio Committee on Home Affairs has visited the Commission’s National
Offices in fulfilment of its oversight role.
10.4.2
SCOPA has also functioned effectively in following up on financial affairs of
the Commission by requesting a briefing on our financial reports and
highlighting those issues that may need special attention.
10.4.3 Other Parliamentary Committees that have
interacted with the Commission are:
§
Portfolio Committee on Foreign
Affairs, and
§
Portfolio Committee on Provincial
and Local Government.
These
Committees would liaise with the Commission on issues related to their specific
mandates viz. foreign affairs and municipal elections respectively. On foreign
affairs, the Committee wanted briefing on our work as it related to our
activities in
10.5
The involvement and engagement of
different portfolio committees for reporting mechanisms of various Chapter 9 institutions
creates an environment where a holistic understanding of the work of the
institutions is lacking.
It would be
useful to create an oversight mechanism that has greater integration of the
Chapter 9 institutions’ reporting. An integrated oversight mechanism can go a long
way to streamlining the holistic work of Chapter 9 institutions.
The manner
in which this integration takes place is a matter for parliament to decide.
Question 11
What was the
intended relationship of accountability between your institution and other
institutions supporting constitutional democracy and the different branches of
government? To what extent have these
relationships been realised?
Response
Questions 11, 22 and 23 are interrelated to such an
extent that we found that it would be expedient for us to present, and
hopefully more useful for the Committee to receive, one comprehensive response
covering all three of these questions instead of three separate responses with
a large measure of material being repeated in each of them.
This comprehensive response is given under Question
23.
Question 12
Does your
institution have any official or informal relationship with other Chapter 9
institutions or institutions of a similar nature? If yes, describe the nature of this
relationship and the outcomes envisaged and generated by this relationship.
Response
12.1
Yes.
12.2
Since 1998 Chapter 9 institutions
have created mechanisms for liaison that are both formal and informal. They
established a Forum of Independent Statutory Bodies (FISB) (see Annexure 2) whose objectives were
to:
§
maintain liaison among
constitutional and statutory bodies in order to foster common policies and
practices and promote co-operation;
§
Share information on developments in
the field of human rights in order to promote best practices, avoid
duplications and project a rational, cost-effective human rights regime in the
country that would benefit people.
§
To make common representation to
government on matters of common interest.
12.3
This forum had, in addition to the
Chapter 9 institutions, the participation of other statutory bodies like the
CCMA, Youth Commission, the Inspecting Judge of Correctional Services,
Independent Broadcasting Authority, Independent Complaints Directorate,
Commission on Land Restitution, Public Service Commission, and Pan South
African Language Board. The South African Human Rights Commission has been the
secretariat of this Forum. FISB has operated at policy and strategic level,
with Chairpersons or Commissioners expected to lead the policy forum.
12.4
FISB also established a Technical
Committee comprising the Chief Executives of these bodies with their staff.
This technical committee would prepare items for the FISB meeting, make
proposal on projects and activities for joint action and implementation.
12.5
Participation in FISB was voluntary
and, whilst this was an acceptable approach, this voluntary participation
worked against the intended collaboration in that most organisations finally
pulled out, leaving basically the Chapter 9 institutions to continue with this
vision. Even the Chapter 9 institutions have been struggling with successfully
implementing substantive joint programmes. One of the reasons advanced for this
disfunctionality or lack of cohesion has been the
disparity in resource allocation, both human and financial, that inhibited some
Chapter 9 institutions from following the collaboration vision to its fullest.
12.6
As Chapter 9 institutions we have
also had an informal liaison based on specific projects and issues.
Question 13
What is the
extent of collaboration and coordination of the work carried out by your
institution and similar/related work carried out by other Chapter 9
institutions or institutions of a similar nature? Give examples of successful initiatives in this
regard.
Response
The Commission has in terms of section 5(2)(c) sought to co-operate with educational and other bodies
or institutions with a view to the provision of instruction to or the training
of persons in electoral and related matters.
Through FISB we co-operated in the following activities:
§
Campaigns and activities to
celebrate 5th Anniversary of the South African constitution. This
included government departments especially the Department of Justice and
Constitutional Development.
§
The Commission on Gender Equality
has regularly alerted us to matters the Commission should address to ensure
gender equality. To this effect the CGE would even serve as election observers
who would feedback to us on areas that need improvement. For example, in 1999
the CGE developed a gender checklist on elections that it used to evaluate the
gender sensitivity of our policies, procedures as well as the gender
representation at all levels of Commission staff up to voting station level. (See Annexure 3)
§
As Chapter 9 institutions we have
received joint international delegations with a view to presenting a holistic
view of the mandate and work of Chapter 9 institutions.
§
We regularly attend and participate in
each others’ campaigns, conferences, workshops and community meetings.
§
As far as possible we collaborate
with sister Chapter 9 institutions around national days like Freedom Day, Human
Rights Days, Heritage Day, Youth Day, and Women’s Day as well as occasions such
as Africa Day, African Human Rights Day and International Human Rights Day.
The most successful collaborative project was the
Human Rights and Democracy Awards where the SAHRC, CGE and the Commission
recognised South Africans that have contributed significantly to entrenching
democracy in
The Electoral Commission has always focused strongly
on the participation of young people in elections. As a result, we have worked
closely with the Youth Commission, the Youth Council and NGOs that have the
youth as their beneficiary. We believe that through this interaction, we were
able to increase the numbers of young people registered on the voters’ roll and
who finally voted in the 2006 elections.
The Commission has an official relationship with the
Municipal Demarcation Board (MDB). The MDB makes use of the Commission’s
national common voters’ roll (specifically the number of registered voters per
voting district) to determine and re-determine ward boundaries ahead of
municipal elections. In turn, the Commission’s voting district boundaries are
geographically aligned to re-determine wards before voter registration ahead of
municipal elections.
SECTION C
INSTITUTIONAL
GOVERNANCE
Question 14
What are the
institutional governance arrangements in your institution? Are these arrangements clearly set out and do
they allow for a smooth running of the institution? Is there a clear, logical and workable
division between the members of your institution appointed by the President on
advice of the National Assembly and the secretariat? What suggestions do you have to improve the
institutional governance arrangements?
Response
In Law
14.1 The Electoral Commission was established
by section 181 read with sections 190 and 191 of the Constitution and the
Electoral Commission Act, 1996 [the Act].
Its objects, powers, duties and functions are described in the
Constitution, the Act and in other national legislation, mainly the Electoral
Act, 1998 and the Local Government: Municipal Electoral Act, 2000.
14.2 The Electoral Commission consists of five members
appointed by the President on the recommendation of the National Assembly made
after a transparent process starting with a high profile panel. From amongst the five members the President
appoints a Chairperson and a Vice-Chairperson.
14.3 The way in which the Commission takes its
decisions is prescribed by the Act. This
Commission, consisting of these five people, is the body to which the above
mentioned objects, powers, duties and functions have been assigned. The Commission is the responsible authority,
the accountable authority and decision making
authority in respect of all these powers and functions. Individual members of the Commission have
none of these powers or functions. The Chairperson has the power to call and
preside over meetings of the Commission.
The Commission may delegate some of its powers and functions to a member
of the Commission, or to the Chief Electoral Officer or to a member of its
staff.
14.4 The Electoral Commission Act, 1996
requires the Commission to appoint a Chief Electoral Officer [CEO]. The Chief Electoral Officer, according to the
Act, -
(a) is the head
of the administration of the Commission;
(b) is the
accounting officer of the Commission and must cause the necessary financial
records to be kept; and
(c) must exercise
the powers and functions entrusted and assigned to her by the Commission or an
act of parliament.
14.5 A whole range of financial functions,
powers, responsibilities and accounting and reporting obligations are assigned
to the CEO as Accounting Officer in parts 1 and 2 of Chapter 5 of The Public
Finance Management Act, 1999.
14.6 In the Electoral Commission Act itself and
in other legislation (mainly electoral acts) certain powers and functions have
been assigned to the CEO in her official capacity. In the exercise of these powers and functions
she holds the final decision making authority.
14.7 As head of the Commission’s
Administration, it is the CEO’s responsibility to
ensure that the necessary capacitated staff and structures are available to the
Commission to perform its functions and to, by managing the staff, ensure that
the tasks assigned to the administration are carried out.
In Practice
14.8
What happens in practice, has posed a number of challenges
for the Commission. It must be borne in mind that only three of the five Commissioners
are appointed on a full-time basis. The CEO is appointed on a full-time basis
and is responsible for the day-to-day management of the institution and in
particular is accountable for its financial and human resources.
14.9
Whereas in law the Electoral
Commission is the body consisting of five members, in practice the Electoral
Commission as an institution or an organisation encompasses the Commission
itself, the CEO and the whole of its administration consisting of all staff
employed in all its structures.
14.10
Whereas in law the levels of
decision making and the “lines of authority” are clear, things may become
somewhat hazy in practice; not really in
areas where the “Commission’s” and the CEO’s powers
and functions have been clearly spelt out (e.g. financial area) but more
particularly in the area of administration where the CEO is by law the head of
the administration but where the law has not spelt out in detail the
relationship between the “Commission” and the CEO on the one hand, the
“Commission” and the administrative staff on the other hand, and finally
between the CEO and the administrative staff.
And the law will never be able to do so exactly because it is a matter
of administration and not a matter of law.
Governance and administrative principles apply.
14.11
The more common definitions of
“corporate governance” are:
(a) “The planned utilization of Board
expertise in ways that maximize each Director’s contribution whilst harnessing
this within an effective structure. An environment where the
Board partners with management to set a corporate strategic agenda. This
must be accomplished without the Board impeding management’s right to manage
day-to-day operations”.
(b) “A system by which organizations are
directed and controlled”.
14.12 It is in this area where tensions can
arise. The head of, and the staff in,
the administration may experience actions of the members of the Commission to
constitute improper interference in administrative issues (e.g. by giving
instructions or assignments directly to junior staff members) while the members
of the Commission may experience certain staff actions as not recognising the
Commission or withholding information from the Commission or not implementing
decisions of the Commission. Similarly
staff members may experience the actions of the CEO or senior management as
autocratic or unfair, while from their side the CEO or senior management may
experience actions on the part of staff members as disrespectful or acts of
insubordination.
14.13
In the light of the above, it is clear that though the
Commission has been successfully executing its functions and / or mandate for
the past eight years, there is room for improvement. This will happen when
clear lines of authority, roles and responsibility are drawn.
14.14 The Commission is currently engaged with
this task. It is envisaged that the definition of the roles and
responsibilities of the Commissioners as opposed to those of the CEO should be
able to indicate who is responsible for:-
▪ setting policy and strategy;
▪ liaising with stakeholders, including
political parties and government;
▪ meeting of
statutory mandate;
▪ managing
day-to-day operations;
▪ oversight
and governance;
▪ ensuring effectiveness of processes
set by the Commission;
▪ logistics of
meetings, agendas and minutes;
▪ employment
of staff;
▪ strategic
planning;
▪ management
of budget;
▪ staff
management (including reporting lines).
14.15 To cover the scope of its mandate, the
Commission itself functions in four committees, i.e.,
§
Electoral Operations
§
Finance and Information Technology
§
Human Resources and Support Services
§
Outreach and Communications
Question 15
Does your
institution have mechanisms in place to deal with internal conflict in your
institution? If yes, what are these
mechanisms and are they effective?
Response
The Electoral Commission has a disciplinary policy and
procedure in place which allows for the investigation and adjudication of any
misconduct charges. The Commission also has a grievance policy and procedure in
place that allows any staff member to lodge a grievance which will be
investigated and resolved. All staff members have received a hard copy of the
Employee Manual, which includes the Disciplinary Code, as well as grievance
procedure.
Question 16
What
mechanisms are in place for Chief Executive Officers, Chairpersons and
Commissioners to disclose and/or seek permission for private
commercial/financial interests or involvement?
Are such mechanisms effective or sufficient to ensure transparency and
avoid conflict of interest?
Response
Members of the Commission (Including the
Chairperson)
16.1 The following provisions of the Electoral
Commission Act (51 of 1996) apply:
Section
9(1):
“Every member of the Commission shall –
(a)
…
(b)
If appointed in a full-time
capacity, serve as such to the exclusion of any other duty or obligation
arising out of any other employment or occupation or the holding of any other
office, unless specifically authorised thereto by the President.”
Section
9(2):
“No member
of the Commission –
(a)
…
(b)
…
(c)
…
(d)
may make private use of or profit
from any confidential information gained as a result of his or her appointment
and functions as such a member;
(e)
may divulge any such information to
any third party save in the course and scope of his official functions;
(f)
…
Section 10:
“10. (1)
Subject to subsection (2), a member may not at any meeting of the Commission
during the discussion of any matter before such meeting in respect of which he
or she has any financial or other interest which might preclude him or her from
performing his or her functions in a fair, impartial and proper manner-
(a)
be present;
(b)
cast a vote; or
(c)
in
any other manner participate in the proceedings thereof.
(2) If at any stage during the course of
any proceedings before the Commission it appears that any member has or may
have an interest which may cause such a conflict of interests to arise on his
or her part;
(a) such member shall forthwith and fully
disclose the nature of his or her interest and leave the meeting so as to
enable the remaining members to discuss the matter and determine whether
such member is precluded from
participating in such meeting by reason of a conflict of interests; and
(b) such disclosure
and the decision taken by the remaining members regarding such determination,
shall be recorded in the minutes of the meeting.
(3)
If any member fails to disclose any interest as required by subsection (2) or,
subject to that subsection, is present at a meeting of the Commission or in any
manner whatsoever participates in the proceedings of the Commission in relation
to such matter, such proceedings may be reviewed and varied or set aside by the
Commission.”
16.2 The
Chief Electoral Officer and employees of the Commission
Regulation 7
of the Commission’s Regulations on the
Conditions of Service, Remuneration, Allowances and Other Benefits of the Chief
Electoral Officer And Other Administration staff,
reads as follows:
“7. (1)
Employees shall serve the employer in a full-time capacity and at the places
and times determined by the Commission.
(2) Employees shall not perform any other
remunerated work nor receive other income in respect of work performed or
material produced without the written permission of the employer.
(3) An employee may not use the facilities
of the Commission for private commercial purposes, or at any time during the
course of employment be involved in any private commercial activities without
the prior written approval of the Commission.”
With respect to the declaration of
financial interest, employees obtain written approval for any other remunerated
work or incomes receive from sources other than the Electoral Commission (e.g.
directorships, etc) through declaration and formal approval by the
Commission. A register of such declarations and approvals is kept in the
office of the CEO.
16.3
An employee may furthermore not accept any gift or any
other benefit(s) valued at R200 or more offered to him/her as an officer or
employee without prior permission from the Commission, which reserves the right
to order non-acceptance of any such gift or benefit. For this purpose, a
gift register is kept with the Human Resources department for the declaration
of such gifts or benefits to employees valued at R200 or more offered to them
by or on behalf of a person or organisation with whom
the Commission has, or may enter into, a business relationship, and also any
gifts or benefits that may be interned or perceived to influence them in the
performance of their functions.
16.4 The Commission is of the
opinion that these provisions, and their strict application, are effective and
sufficient to ensure transparency and avoid conflict of interest.
SECTION D
INTERACTION
WITH THE PUBLIC
Questions
17, 18 and 19
What was the
intended relationship between your institution and the public? To what extent has this relationship been
realised?
Does your
institution have mechanisms in place to deal with complaints by the public
about the work done by your institution or the failure to attend to issues?
If you deal
with public complaints, what mechanisms are in place to deal with such
complaints, to follow through on such complaints and to successfully resolve
such complaints?
Response
17.1
In its fulfilment of Section 5 (d),
(k) (l) of doing voter education, research and democracy development, the Commission
has worked closely with non-government organisations, research institutions,
tertiary and other educational institution on specific projects.
17.2
Further, in order to assess the
impact of our work and to ensure that all citizens have the information and
access to the electoral process, since 1999, the Commission has developed a
profile for the sectors of the electorate to be targeted. The Commission
decided to direct most of its educational and special programmes to those South
Africans who had not had the priviledge of
participating in the voting process, the historically disadvantaged. The Commission
was assisted in making these decisions, by the interaction we had with civil
society organisations and the research conducted for the Commission by the HSRC
and research on elections done by other organisations. Examples of the special
focus groups are: Rural voters, voters in informal settlements, women, farm
workers, youth.
17.3
The Commission accepted that it can
only succeed in reaching the millions of voters and potential voters if it
works closely with civil society organisations. Some of the structures that
have been our partners in this work are,
§
those in democracy and human rights
such as IDASA, EISA;
§
traditional leaders organisations;
§
faith-based organisations; SACC
& Inter Religious Forum
§
women’s organisations [organised a
conference on participation of women in elections in preparation for the 2006
municipal elections];
§
trade unions;
§
organised business;
§
youth
formations [embarked on targeted voter registration and election campaigns
through the “Power of X” campaign slogan that was conceptualised by young
people. This campaign resulted in the increase of the number of youth who
registered and voted from 1999 to 2006.];
§
tertiary institutions;
§
farming
communities [signed a memorandum of understanding with all organisations in the
farming sector in preparation for the 2004 and 2006 elections.]
17.4
Some of the functions performed by
these organisations include election observation, allowing the Commission to
use their venues and to address their constituencies on voter education,
conflict management, mobilising volunteers as electoral staff, helping with ID
campaigns, publicising the Electoral Code of Conduct, and providing conflict
management panellists.
17.5
There is no doubt that such
relationships have immensely assisted us in crafting our communication
strategies and activities so as to make sense to special target groups in
addition to the generic approach. It is through these interactions that we were
able to increase the numbers of citizens on the voters’ roll and in voting
stations from one election to the other, and to keep the electorate
enthusiastic to vote.
17.6
These organisations have become our
partners in elections and as such feedback and critique from them has assisted
us in improving on our policies, practices and procedures for election
management.
17.7
The Commission has established
formal and informal channels and mechanisms to deal with public complaints. The
formal channels and mechanisms to deal with these complaints are stipulated in
the Act. There are prescribed procedures for complaints such as de-registration
as a voter, appeal against the decision taken by the chief electoral officer,
objections to the inclusion or exclusion of any person’s name on that segment
and the correctness of any person’s registration details in that segment. The
informal mechanisms take a number of forms such as letters, e-mails,
telephones, website, etc.
17.8
The Commission also operates a
public call centre during periods of high activity ahead of general elections.
A toll-free information service is offered to the public. This service includes
the recording of complaints from the public, which are then escalated to
relevant line function departments for resolution after which the call centre
reverts to callers with relevant solutions.
SECTION E
FINANCIAL
AND OTHER RESOURCE MATTERS
Question 20
Give an
indication of your budget allocation, additional funding and expenditure over
the past five years.
Response
PARLIAMENTARY
ALLOCATION |
OTHER INCOME |
TOTAL EXPENDITURE |
|
2001/2002 |
R100 000 000 |
R24 297 656 |
R251 401 741 |
2002/2003 |
R210 756 000 |
R12 384 004 |
R246 325 860 |
2003/2004 |
R640 960 000 |
R19 102 410 |
R612 914 385 |
2004/2005 |
R526 902 000 |
R11 224 037 |
R588 328 409 |
2005/2006 |
R944 258 000 |
R20 199 461 |
R923 255 815 |
NOTES:
1.
The Parliamentary allocation reflects the outcome of budget
submissions to National Treasury in line with MTEF guidelines.
2.
Other income for the most part reflects interest received
and sponsorship income.
3.
The Auditor-General issued an unqualified audit opinion on
the financial statements of the Electoral Commission for each of the last four
financial years.
4.
With the approval of National Treasury any unutilised
surplus in a financial year is carried forward for utilisation in the next
financial year.
Whilst the above tables state the position clearly as
far as the allocation and spending of funds are concerned, comments on the fact
that funds are normally rolled over from year to year need to be offered. The situation is due to a number of factors
which include the following:
20.1 Elections have tended to take place either
towards the end of a financial year or towards the beginning of the next financial
year. It is not a function of the
Commission to determine election dates and much uncertainty have always existed
about when an election would actually take place. The Commission has thus by necessity tended
to budget for projects as entities and has split requests for funds over
different financial years as best possible.
This has resulted in roll over funds that were used as intended but in
the year subsequent to its allocation.
Treasury has taken this factor into account with the allocation of funds
and have always been kept fully informed about the position.
20.2 It has not always been possible to
determine the full scope of projects in advance. A case in question is the determination of
municipal and ward boundaries by the MDB, often shortly before elections. This in turn determines the number of voting
stations, the number of staff to be utilized and the scope of
provisioning. At times the impact has
been large but on occasion it has also been smaller than has been anticipated.
20.3 Pricing in terms of logistical
provisioning has constantly been dropping due to the e-procurement process that
is followed. That trend is clear and we
have never budgeted for more funds than were required for a particular item
than during the most recent election.
The extent of further savings can unfortunately not be determined in
advance since they fluctuate largely from item to item.
20.4 It must also be understood that the
Commission does not have overdraft facilities at its bankers and that it must
thus have a constant positive balance.
This includes fixed deposits that are required to, for instance,
guarantee salaries paid to permanent and temporary staff.
20.5 The Commission has at times also had to
cope with unexpected events. A case in
question is the confirmation of voting rights of prisoners by the
Treasury is fully aware of these circumstances and
have obviously kept roll over amounts in mind when funds were allocated to the
Commission.
Question 21
Please
provide detailed information of the remuneration packages for office bearers
and Commissioners.
Response
Office bearers
(all permanent employees)
21.1 In
terms of the Electoral Commission’s Regulations on the Conditions of Service,
Remuneration, Allowances and Other Benefits of the Chief Electoral Officer and
Other Administrative Staff, (R514 of
21.2 Staff
may structure their own remuneration packages according to Electoral Commission
and SARS guidelines. Included in the
basic package are the following employer contributions:
·
Housing allowance
·
Medical aid contribution
·
Retirement contribution
·
13th cheque
21.3 Employees
who qualify may furthermore include travel allowances in the structuring of
their remuneration packages according to SARS guidelines. Provision is furthermore made for group life
assurance, permanent disability insurance as well as a fixed funeral cover.
21.4 No
remuneration package of the administration of the Electoral Commission may
exceed that of a Director-General in the Public Service.
LEVEL |
NOTCH 1 |
NOTCH 2 |
NOTCH 3 |
CEO EXISTING |
926,163 |
926,163 |
926,163 |
DEPUTY CEO EXISTING |
745,275 |
767,795 |
790,997 |
SENIOR MANAGER EXISTING |
614,137 |
632,699 |
661,594 |
MANAGER |
521,390 |
537,144 |
553,374 |
DEPUTY MANAGER |
336,684 |
357,806 |
378,952 |
ASSISTANT MANAGER |
240,832 |
248,531 |
256,215 |
SENIOR ADMINISTRATIVE
OFFICER |
205,561 |
214,795 |
224,288 |
ADMINISTRATIVE OFFICER |
171,076 |
177,872 |
184,916 |
ASSISTANT
ADMINISTRATIVE OFFICER |
144,016 |
150,517 |
157,317 |
SENIOR ADMINISTRATIVE
CLERK |
109,071 |
111,682 |
114,438 |
ADMINISTRATIVE CLERK |
89,193 |
90,698 |
93,035 |
MESSENGER, CLEANER, LABOURER, FOOD SERVICE
AID |
83,590 |
84,274 |
84,940 |
Salaries as
on
Commissioners
21.5 In
terms of section 7(2) of the Electoral
Commission Act, 1996, (Act No 51 of 1996) the conditions of service,
remuneration, allowances and other benefits of Commissioners are determined by
the President who acts after consultation with the Commission on the Remuneration of Representatives, established by
section 2 of the Commission on the
Remuneration of Representatives Act, 1994 (Act No 37 of 1994), and a distinction
is made between commissioners appointed in a full-time and part-time capacity.
21.6 The
President has determined the remuneration of a full-time member of the
Commission to be equal to the basic salary (exclusive of benefits) of a judge
of the High Court together with the benefits (state contributions to housing,
medical aid, pension and transport) of a director-general in the public
service. In the case of a full-time Chairperson of the Commission, the basic
salary of a judge of the
21.7 The
daily remuneration of part-time members of the Commission is equal to the
annual basic salary of a judge of the High Court divided by 252.
21.8 The
current salary packages of Commissioners are as set out below.
POSITION |
ANNUAL PACKAGE |
CHAIRPERSON |
R939 244.80 |
FULL-TIME COMMISSIONER |
R920 549.40 |
Question 22
Please
illustrate the budget process followed by your institution, including the
process of allocation of funds.
Response
22.1
The Commission follows a Medium Term
Expenditure Framework (MTEF) budget process. A number of sessions are held to
determine and document the strategic direction and objectives for the following
three-year budgeting cycle taking into account developments during the past and
current financial years. Draft budget proposals are then made per Department in
terms of the approved strategic plans in the Project Charter System (PCS). Line
managers draft the individual Project Charters, in more detail, for each of the
years included in the MTEF. The projects captured on the PCS are reviewed by
Budget Task Teams to ensure consistency whereafter
they are finalised. The proposed budget is then submitted to the Commission
through the CEO.
22.2
The MTEF budget submission, as
approved by the Commission, is submitted to National Treasury with accompanying
documentation as requested by Treasury. The Commission then receives a final
allocation based on the MTEF Budget submitted to Treasury. The budget is then
aligned with the allocation from Treasury
22.3
Please also refer to the responses
under questions 11 and 23.
Question 23
Are the
current budgetary and administrative arrangements sufficient to ensure autonomy
of Chapter 9 institutions?
Response
This response covers questions 11, 22 and 23.
23.1
The first members of the Electoral
Commission were appointed with effect from
§
determine the scope of its
functions;
§
adopt a business plan for the
establishment of the first national common votes roll;
§
draft and promote an electoral bill;
§
draft and eventually make
regulations for national and provincial elections;
§
determine administrative structures
and organograms needed to manage the first voter
registration process and the 1999 elections;
§
appoint a Chief Electoral Officer
and staff to fill the posts in the organograms; and
§
prepare
a budget for 1997/1998, 1998/1999 and 1999/2000 and present the budget to the
Treasury.
23.2
In the run-up to the first
registration of voter “weekends” in 1998 and the 1999 elections, the Commission
encountered mainly two stumbling blocks that could also be described as threats
to its independence. Both emanated from
the Department of Home Affairs.
23.2.1
The first stumbling block concerned
our budget. We were required to submit
our budget requests to the Director-General of Home Affairs for inclusion as an
item in that Department’s own budget requests.
That Department would then negotiate with the Treasury and support what
they considered to be a sufficient allocation.
Thus the Commission itself had no access to Treasury to motivate its own
budgetary requests.
23.2.2
The other leg of the budgetary
problem was that the Director-General of Home Affairs claimed that the moneys
voted to the Commission formed an integral part of the Home Affairs budget and
that only he could authorise any expenditure from that budget: that the
Commission would have to approach him with detailed requisitions for the
expenditure of any moneys in the course of any of its programmes or projects;
and that he would then decide whether the Commission could commit to or pay out
the requisitioned funds. Furthermore,
the Commission had to account to him on moneys expended as he was the
Accounting Officer who would then account to Parliament.
23.2.3
This was obviously an untenable
situation that would draw a line through the independence of the Commission and
through section 181 of the Constitution providing, inter alia,
that Chapter 9 institutions –
§
“are independent, and subject only
to the Constitution and the law”;
§
that “no person or organ of state
may interfere with the functioning of these institutions”; and
§
that
these “institutions are accountable to the National Assembly…”
Furthermore
the Electoral Commission Act itself provided that the Chief Electoral Officer
is the Accounting Officer of the Commission.
23.3
The second stumbling block concerned
a bill amending the Electoral Commission Act, emanating from the Department of
Home Affairs, and tabled in Parliament.
This Bill was aimed at converting the management of elections into a
function of the Department of Home Affairs (i.e. the Executive) and turning the
Electoral Commission into a minor supervising entity. The Commission was never consulted about this
draft bill and only became aware of its existence after it had been tabled in
Parliament. Obviously also, had this
bill been adopted, it would have destroyed the entire concept of an independent
electoral management body (EMB).
23.4
In the beginning negotiating a
budget was an extremely difficult and time and energy consuming business that
also delayed the finalisation of business plans. The exercise was complicated by the manner in
which the budget had to be negotiated, as set out above, but also by other factors
including –
§
the fact that the Commission itself
was entering terra incognita and would
obviously ask for the maximum to be on the safe side;
§
the fact that from the Treasury’s
side they also found themselves in new territory, confronted with requests for
large amounts of money for which no provisions had been made and therefore
going for the minimum; and
§
the
fact that there was no established pattern of expenditure like there was in
respect of state departments and other institutions funded from the treasury.
23.5
However, the issues concerning the
Bill and the budget were raised with Government. The Bill was abandoned and the budget
processes were over time changed to where we have now been for five or six
years, i.e. that we present and negotiate our budget requests directly with the
Treasury, the money voted by Parliament on our budget appears as a transfer
amount on the Home Affairs budget, on expenditure from our budget we account
directly to Parliament (our CEO being the Accounting Officer) and we also
report to Parliament on our activities by way of formal reports and regular
interaction with portfolio committees, mainly the Portfolio Committee on Home
Affairs.
23.6
Especially with budgeting for three
years in advance, an expenditure pattern has now been established. Also with every passing year the Commission
itself has managed to cut down on its expenditure by improving logistical and
other processes, training of officials, the use of technology and the right
sizing of its organograms.
23.7
Not once, from its inception, has
the Government underfunded the Commission. Not once has the executive interfered with
the functioning of the Commission or tried to influence it in favour of the
ruling party nationally, provincially or locally. The governing parties nationally,
provincially and locally have, like parties not in government, used the
prescribed channels to object, appeal or challenge electoral decisions. Much of this transparent relationship that
exists between parties and the Commission can be ascribed to the effective functioning
of the party liaison committees.
23.8
In the Constitutional Court Case
CCT/9/99 = The New National Party vs The Government
of the Republic and Others, then Langa DP
delivered a ground-breaking judgment on the independence of Chapter 9
institutions and the relationship between them and the National Legislature and
Executive. Attached is a copy of a
document produced by the Commission at that time pertaining to this judgement [Annexure 4] together with a copy of the
judgment itself [Annexure 5].
23.9
The following is an extract from a
paragraph in the document, on the Commission’s obligations in its relationship
with the National Legislature and Executive and other independent state
institutions:
“4.3 On the other hand, the South African
state institutions, with constitutionally guaranteed independence are for their
very existence and freedom of action, dependent upon each other. The legislature, the executive, the courts of
justice and the chapter 9 institutions are all creatures of the same
constitution. They owe allegiance to the
same constitutional ideals, declarations, guarantees and responsibilities and
the same Bill of Rights. In the
performance of their own particular functions these institutions must act
independently, but in the pursuance of the ideals of good governance and a
democratic society they need to recognise their inter-dependence and to
co-operate and support one another.
4.4
From its side the Electoral
Commission will pursue a co-operative and supporting relationship with all the
independent state institutions, including the executive and legislature. The principles of co-operative government set
out in chapter 3 of the Constitution seem to provide appropriate guidelines
also for this situation and the Commission will, in the words of section
41(1)(h) of the Constitution, also in respect of government –
“(h) co-operate with
one another in mutual trust and good faith by –
(i)
fostering friendly relations;
(ii)
assisting and supporting one
another;
(iii)
informing one another of, and
consulting one another on, matters of common interest;
(iv)
co-ordinating their actions and
legislation with one another;
(v)
adhering to agreed procedures; and
(vi)
avoiding
legal proceedings against one another.”
4.5
The Commission will at all times
bear in mind the need for financial discipline and the vast backlog in, and
therefore the unsatisfiable demands on public funds,
in respect of
§
the relief of poverty;
§
the education of our children;
§
the health of the nation; and
§
the
fight against crime.
The
Commission will therefore at all times ask for the minimum, and spend the money
allocated to it as frugally as possible and as closely as possible in
conformance with the state’s statutory and regulatory financial regime, even
where items thereof might not legally apply to the Commission.”
Question 24
To what
extent are the resources allocated to your institution directly spent on
meeting its key responsibilities?
Response
24.1 It is accepted that “key responsibilities”
is a reference to our “core functions” as set out in the Constitution. These
core functions are to manage elections, ensuring that these elections are free
and fair and declaring the results within seven days.
24.2
All our other functions, mentioned
in our response to Question 1, are in essence functions underscoring our core
functions, i.e., delivering free and fair elections.
24.3
It is therefore not possible to
distinguish between resources spent on “key responsibilities” and those spent
on responsibilities other than key responsibilities.
24.4
The best that we can do is to
include in the accompanying documentation pack, copies of a complete set of our
budget requests particularised in detail together with the resulting voted
allocation of funds.
24.5
Our three-volume blue print of our
Financial Policy and Procedures Manual has been included in the accompanying
documentation pack. These procedures ensure that funds allocated to a
particular programme or project are spent on that
programme or project. In the second half of the financial year an evaluation is
made to establish which programmes and projects may eventually show savings
that could be transferred to others that may run into shortfalls.
24.6
The results are annually set out in
the Commission’s financial statements published in its annual reports to
parliament, showing the amounts spent in the different areas of activities and
also the different classes, e.g., salaries, capital expenditure, etc.
24.7
Copies of the latest five annual
reports are to be found in the accompanying documentation pack.
Question 25
Please tabulate
the full staff complement of your institution, including all executive and
non-executive staff. Please separate
staff in the head office from regional offices, where applicable.
Response
25.1
The Electoral Commission was
formally established in July 1997, commencing with the appointment of 5
Commissioners for a seven year term. As
required by section 12 of the Electoral
Commission Act, 1996, the Commission then appointed the Chief Electoral
Officer (CEO). The Act does not make provision for a distinction between executive and
non-executive staff and only makes reference to administration staff, officers
and employees.
25.2
The CEO subsequently appointed an
administration in consultation with the Commission (section 12(4) of the Electoral Commission Act, 1996), to
prepare for the 1999 national and provincial elections.
25.3
With limited prior experience of
what the performance of its duties would require in terms of the Constitution and Electoral Commission Act, 1996, the Commission initially
established an organisational structure with a staff complement of 422. These employees were appointed on a maximum
of three years fixed term contract basis, with a view to revisiting the
situation afterwards.
25.4
The Commission undertook a
rightsizing exercise in 2001, resulting in an organisational structure with a
staff complement of 186, spread over a national office and nine provincial
offices.
25.5
In 2003, the Commission amended its
approach to outsourcing some of its Information Technology and Finance core
functions, resulting in the establishment of 70 new positions on the
organisational structure. The current
organisational structure makes provision for 256 posts.
25.6
The Commission currently has 194
employees, broken down as follows:
§
National office in
§
§
§
§
§
§
§
§
§
25.7
With regard to Electoral Commission
staff in the local sphere, there has been a functional relationship between the
Electoral Commission and municipalities in the registration of voters and the
management of elections for all three spheres of government since 1998.
25.8
For the 1999 elections the Electoral
Commission engaged 441 municipal officials to act as its agents on the ground
in 807 municipal areas. These agents were known as Local Electoral Officers: LEOs. Approximately 1,980 municipal staff assisted the LEOs on a part-time basis with their electoral functions.
25.9
During 2000 the entire country was
rationalized by the Municipal Demarcation Board into 284 municipal councils (6
metropolitan councils, 231 local councils and 47 district councils). This led
the Electoral Commission to accordingly reduce their agents to approximately
237 in number. These agents are now known as Municipal Electoral Officers (MEOs).
25.10
As before, MEOs
required staff in order to effectively carry out electoral functions. Municipal
staff was frequently not available to this end - officials having to attend to
their designated duties – and the Electoral Commission at times required
full-time assistance on local level for matters such as continuous voter registration
and delimitation.
25.11
The Electoral Commission therefore
created for this purpose in 2001, 777 full-time Electoral Project Co-ordinator
(EPC) posts. Due to the fact that EPCs became more
knowledgeable and experienced in electoral work, the number of EPC posts was
gradually reduced to the 483 which currently exists in Municipalities. EPCs were initially employees of the MEO. Following a court
ruling in 2005, EPCs are now deemed employees of the Commission,
in addition to those indicated in 25.6.
25.12
At present the Electoral Commission
envisages – and is working towards – the establishment of electoral units
within municipalities. This will strengthen its association with municipalities
and organised local government. EPCs will be taken up
into municipal structures when these units are established.
25.13
Electoral Units will bring about the
following anticipated benefits:
§
A realistic career path for EPCs. As municipal officials EPCs
will in the longer term have a career path in the municipality and not be confined
to the electoral unit.
§
A resource that is always readily
available for electoral activities.
§
A resource that can be applied to
other municipal functions in periods of low electoral activity.
§
Building a reserve of experienced
staff on local level in the long term.
25.14
Regarding the functioning of these
units, the Commission (through its own administration under the Chief Electoral
Officer and via the Provincial
Electoral Officers) will continue to exercise direct control over the
appointment of electoral officials and the performance of their electoral
functions by those officials.
25.15
The appointment of staff in a unit
will thus be done in consultation with the Commission.
25.16
The Commission will reimburse the
Municipality for the total cost to it of remuneration, benefits and statutory
deductions in respect of staff in the unit, together with subsistence and
transport claims incurred in respect of the unit and verified by the Municipality.
25.17
The Municipality will endeavour to
assign other employees to assist the electoral unit during periods of high
electoral activity, either full-time, part-time or by way of overtime.
25.18
The Council may, at an appropriate
time, offer a unit staff member another position in the Municipality, if it so
desires, provided it is done in consultation with the Commission.
25.19
Due to the cyclical nature of some
of the activities of the Commission, it may be that full-time unit staff members
may not at all times be fully occupied with electoral
activities. The Council, in consultation
with the Commission, may utilise the services of such members elsewhere in the
Council’s administration during such periods.
25.20
The Commission will provide a budget
for the direct disposal of the Municipal Electoral Officer, sufficient to cover
all electoral activities, projects or programmes of the unit in terms of
various electoral acts. This budget will
be administered by the Commission’s financial systems.