SOUTH AFRICAN OBSERVER MISSION (SAOM)

Statement by the leader of the Mission, Mr MLULEKI GEORGE, Deputy Minister of Defence, on the Democratic Republic of Congo's 29 October 2006 2^ND round presidential elections and provincial elections

PRETORIA, 21 NOVEMBER 2006

1. INTRODUCTION

It is my pleasure, as the leader of the South African Observer Mission (SAOM), to release the Mission's final statement on the 29 October 2006 Democratic Republic of Congo's presidential runoff and provincial elections. This statement covers the period from 13 October until the 9fficial announcement of the provisional presidential election results, 15 November 2006. We do note though that the final presidential results have yet to be verified by the country's Supreme Court. We further note that the capturing of the provincial election results is still to be finalised.

At the invitation of the Independent Electoral Commission (CEI) of the DRC, and considering the importance of these elections and South Africa's heavy involvement in the peace and transitional process in the DRC, South Africa decided to deploy a 108-member observer mission to observe the second round of the presidential runoff and provincial elections. This Mission is, by far, the largest electoral observer team ever deployed by South Africa. In these elections, the SAOM was the largest observer mission from an individual country.

The SAOM was multi-sectoral in its composition, consisting of Members of Parliament, government officials and civil society organisations. South Africa's deployment of the Observer Mission comes within the context of her principled commitment to the African renewal, peace, security and development on the continent.

The main contingent of the SAOM arrived in the DRC on 22 October 2006 while a few observers had arrived on 11 October 2006. The South African observers were deployed in all eleven provinces of the DRC with an average of three teams in each province. The deployment in all the eleven provinces provided the Mission with a general sense of what was taking place in the country and thus enabled the Mission to comment confidently on these elections. The last group of the South African observers returned to South Africa on 10 November having observed the last stages of the results capturing.

The SAOM conducted its observation according to the Principles for Election Management, Monitoring and Observation in the Southern African Development Community (SAOC) together with other internationally accepted election observation guidelines.

The Mission was weary of the security situation in the country after the violent clashes that followed the announcement of the first round presidential results. However, the agreements signed between the two presidential candidates, President Kabila and Vice-President Semba helped to diffuse the tense situation following the August clashes.

Under very difficult conditions, logistical challenges and limited resources, the DRC has, once again, managed to organise successful elections.

The SAOM notes the official release of the provisional presidential election results showing President Joseph Kabila winning the elections by 58, 05% against Vice President Semba's 41, 95%.

The SAOM concludes that 29 October 2006 presidential runoff and provincial elections were conducted in a climate conducive for a democratic expression of the will of the people of the DRC and therefore calls on all Congolese to accept the outcome of the elections. The Mission notes that Vice President Semba has made a submission to the Supreme Court challenging the results. The Mission would then expect Vice President Semba and his supporters to abide by the decision of the Supreme Court as and when such a decision is made on the results.

The SAOM notes with great appreciation the calm manner in which the ordinary Congolese seem to have welcomed the release of the provisional presidential election results. The SAOM believes that the people of Congo have suffered enough over the years and deserve peace and stability in their motherland.

2. ELECTION PROCESS

The second round of the presidential elections in the DRC was organised as per Article 71 of the country's new constitution and Article 114 of the electoral law which stipulate that should there be no clear winner with 51 % of the votes on the 1^st round of presidential elections, a second round should be organised between the top two presidential candidates.

The election campaign process proceeded in a relatively peaceful environment. Political parties were able to conduct their election campaigns without interference and intimidation. Political rallies were well attended and in most cases went without incident. However, the SAOM noted with regret that lives were lost during isolated incidents of violence. While this was tragic, the election campaigns, in general, proceeded peacefully.

South African observers noted that the voters' roll was made available at the polling centres for inspection. Before the Election Day, many voters took advantage of this and went to check their names on the roll. The SAOM noted that voters whose names did not appear on the roll were assisted by the CEI. Those who lost their voting cards were issued with duplicate cards.

Under very difficult conditions, logistical challenges and limited resources, the CEI staff members displayed a high degree of professionalism, independence and impartiality. The CEI remarkably managed to deliver the election material at all polling stations in this vast country, almost the size of Western Europe.

The SAOM noted the important contribution of the international community in assisting the CEI organise and prepare for these elections.

Freedom of expression remains one of the critical tools used as a yardstick to measure a country's adherence to principles of good governance. The election process in the DRC received extensive coverage in the country's media. The High Media Authority, in consultation with the CEI, was to a greater extent able to ensure that the media adhered to the code of conduct.

Civic and voter' education form a critical part in creating an environment conducive to holding credible and democratic elections. According to the Electoral Law, the CEI is responsible for the implementation and coordination of voter and civic education campaigns.

The SAOM noted evidence of an effective voter education campaign conducted in a multi-faceted fashion which drew in governmental, non-governmental and political parties' resources and networks. The SAOM noted the important role played by radio in the education programmes. This helped many people who do not have access to televisions and newspapers. The Mission noted that the electorate was reasonably informed and had a good sense of where their polling stations would be located and how to vote.

The SAOM commends CEI, political parties, civil society and non-governmental organisations that conducted voter education. Civic education plays an important role in raising public awareness, confidence and legitimacy of the electoral process.

3. Election Day

On the Election Day, voting took place in all eleven provinces in about 50 000 polling stations. The majority of the voting stations opened on time with a few exceptions where they could not open due to a number of problems including heavy rains, lack of electricity and late delivery of election material. In general, voting proceeded smoothly in the presence of party agents and observers both national and international. Even where the polling stations did not open on time, the voting process, as required by the electoral law, was allowed to continue beyond the stipulated time to make up for the late start

The SAOM did not observe any' major incidents of irregularities with the voting process; except a few minor incidents. On the contrary, Election Day was marked by a general atmosphere of calm. Voters patiently stood in .queues waiting to cast their votes.

The SAOM, however; noted a few incidents, of violence in Bumba in the Equateur Province where two people were reported to' have died following clashes between supporters of two political parties. This resulted in the suspension of voting in the area. Voting in this area was successfully conducted on 31 October 2006. The SAOM noted that appropriate security measures were put in place to ensure that voting in the affected area took place in a conducive environment. The Mission further noted that the political parties involved had called on their supporters to behave and to remain calm.
The Mission also noted with great concern an incident at Fataki in Ituri District where two CEI staff members were reported to have been killed and eight people injured. A re-vote had to be organise in the area and was conducted on 2 November. The Mission noted that action was immediately taken against those involved.

The SAOM views these incidents in a serious light and regrets the loss of life. These isolated incidents, regrettable as they were, did not have material effect on the conduct of the elections.

The Mission commends CEI for the professional and impartial manner in which it conducted and managed these elections, thereby creating space for voters to express their choices freely and without fear of intimidation. The SAOM noted that electoral officers seemed better prepared and mastered the 'voting and counting procedures obviously benefited from the experience of the 1^st round elections. The results compilation and verification process was remarkably transparent. Party agents representing political parties and independent candidates were present all the time. National and international observers were allowed to observe and monitor the process. Journalists were given unrestricted access to the compilation centres. Some used media-recording devices such as video cameras to record the process.

It is the view of the Mission that the unrestricted access and openness of the process at the results centres indicated a high level of transparency

The Mission is of the view that this unrestricted access by the media, party agents and observers assisted in improving the confidence and legitimacy in the process.

The SAOM commends the South African Independent Electoral Commission for deploying its experts throughout the country to assist its DRC sister Commission to organise these historic elections.

The SAOM notes the important contribution of the international community, particularly MONUC, in assisting CEl conduct these elections.

The Mission further commends the national police (PNC) for securing the elections and promptly intervened when required.

The SAOM commends the two presidential candidates for signing a Joint Appeal and Declaration committing themselves to peaceful electoral process and accepting the results of the elections.

4. 'CONCLUSIONS/OBSERVATIONS

The SAOM wishes to thank CEI and the people of the DRC for the opportunity afforded to South' Africa to observe these historic elections. '

The SAOM observed that during these elections the people of the DRC were provided with a platform to freely elect representatives of their choice. Voting took place in a reasonably peaceful environment and electoral officers performed their tasks impartially and professionally.

The SAOM applauds the' people of Congo for turning up in large numbers to democratically elect their leaders thus demonstrating their quest for peace, national independence, national' unity and' reconciliation, democracy, human rights and development.

The SAOM commends the candidates in the presidential runoff for observing the electoral code of conduct and encouraging their supporters and coalition partners to adhere to this code.

The SAOM is optimistic that the two candidates and their supporters will honour the recent agreements entered into in the interest of taking the country forward to sustainable peace stability and economic development. By these agreements, the two candidates committed themselves to a peaceful electoral process and most importantly to accepting the outcome of the elections


The SAOM further calls on the international community to continue to support the people of Congo as they embark on post election reconstruction' and development.

The SAOM concludes that the DRC's presidential and provincial elections were democratic, peaceful, credible and remarkably transparent. The Mission is of the view that space was created for the people of the DRC to freely choose their representative leaders.

The SAOM thus calls on the people of Congo to accept the outcome of the elections. The Mission notes that Vice President Bemba has made a submission to the Supreme Court challenging the results. The Mission would then expect Vice President Bemba and his supporters to abide by the decision of the Supreme Court as and when such a decision is made on the results. The Mission further calls on the Congolese political leadership to work together as they begin to deal with huge challenges that face the country.

The SAOM believes that through these elections the DRC has opened a new chapter in its history and it has been a privilege to have been part of this new beginning. South Africa, for about ten years, has had the opportunity to work in solidarity with the people of Congo to restore peace, national unity and democracy to this great country. Guided by her commitment to the African renewal, peace security and development, South Africa will continue to travel with the people .of Congo as they embark on a new road, a road to peace, economic development and prosperity.

May this great nation of Congo experience peace and prosperity.

Thank you very much.