Module 1 Final
Module 1 Final
Electoral
Commission
Module 1
Table of
CONTENTS
FOREWORD BY THE CHIEF ELECTORAL OFFICER ..................................................................... 4
INTRODUCTION TO THE MODULE ................................................................................................. 5
AIM OF THE MODULE ...................................................................................................................... 5
OBJECTIVES .................................................................................................................................... 5
ICONS ............................................................................................................................................... 6
ACRONYMS ...................................................................................................................................... 6
GLOSSARY OF TERMS .................................................................................................................... 7
CONTACT DETAILS 30
As an officer of the Electoral Commission you will be required to ensure that you perform your duties in a professional
and impartial manner at all times. Your performance and conduct is inextricably connected to the institutional mandate
to conduct free, fair and credible elections. You will be provided with training that will equip you with the knowledge and
skills required to do your job. To contextualize your role, an overview of the Electoral Commission will be provided as
with an explanation of the key functional responsibilities constitutive of your role.
This training module is also designed to assist you to understand the legislative framework that guides the operations
of the Electoral Commission. Furthermore, an explanation of the South African electoral system, our organizational
values and importance of proper planning in the management of elections will be some of the key learning outcomes.
It is my fervent hope that after this training you will have a better understanding of the mandate of the Electoral
Commission, the responsibilities inherent in your role. And so enabled, that you become more resolute in your
commitment to electoral democracy and play a vital role in the realization of the mandate of the Electoral Commission.
In concluding, the Electoral Commission appeals to you to abide by all relevant laws, regulations and procedures. If we
do so, we stand to succeed in discharging our responsibilities with due impartiality.
Sy Mamabolo
Electoral Commission (IEC)
Riverside Office Park
1303 Heuwel Avenue
Centurion, 0157
The purpose of this module is to provide a brief overview of the Electoral Commission and its
mandate as espoused by Chapter 9 of the Constitution of the Republic of South Africa, 1996.
OBJECTIVES
This module is intended to:
ACRONYMS
AM Area Manager
CEO Chief Electoral Officer
DPO Deputy Presiding Officer
ESS Electoral Staff System
FPTP First Past The Post
ID Identity Document
IEC Independent Electoral Commission (also known as The Electoral Commission)
LEPO Local Electoral Project Officer
LGE Local Government Elections
NPE National and Provincial Elections
PO Presiding Officer
PR Proportional Representation
RSA Republic of South Africa
SV Special Vote
VD Voting District
VMD Voter Management Device
VS Voting Station
1.1 INTRODUCTION
The Electoral Commission (IEC) is established in terms of Chapter 9 of the Constitution of the
Republic of South Africa, 1996. The Commission is independent of government, accountable
to Parliament and subject only to the Constitution and the Electoral Commission Act, 1996 and
Regulations. In performing its functions and duties, the Commission do so without fear, favour or
prejudice in an impartial manner at all times.
The Electoral Commission is led by a Commission. The Commission in turn appoints a Chief
Electoral Officer, who is the head of administration.
The mandate of the Electoral Commission is provided for in section 190 of the Constitution of
the Republic of South Africa, 1996, as follows:
1.5 MISSION
The Electoral Commission is an independent constitutional body, which manages free and fair
elections of legislative bodies and ensures that those elections are free and fair through the
participation of citizens, political parties/ independent candidates, and civil society in order to
strengthen electoral democracy.
To enable the Electoral Commission to serve the needs of stakeholders, including the electorate,
political parties/ independent candidates, the media and all staff, subscribe to the following
organisational values:
As an Electoral officer, you are expected to perform all duties assigned to you thoroughly,
systematically, and with due care and attention according to the law and set values.
ELECTORAL COMMISSION
CODE OF ETHICS AND
CUSTOMER SERVICE PLEDGE
The purpose of this Code is threefold. First, it provides the broad principles and values to which all electoral staff must
subscribe. Secondly, it provides rules for electoral staff to use in many of the situations that they might encounter.
Finally, this Code is meant to serve as the foundation for the ethical work standards of staff of the Electoral Commission of
South Africa.
2
COMPETENCE
• Upon entering the station, a voter will be directed to the appropriate work station as soon as possible and should
be assisted in not more than 5 minutes.
• Electoral staff will maintain high standards of competence in their work and will develop their work skills and
ethical awareness on an ongoing basis.
3
RESPONSIBILITY
• Electoral staff will aspire to act in a trustworthy and reputable manner towards all voters and political parties.
They will uphold standards of ethical conduct that reflect well on them as well as the Electoral Commission. They
will act appropriately to resolve problems and complaints. In keeping with this, they will listen empathetically to
complaints and act on them promptly.
4
INTEGRITY
• Electoral staff will carry out their duties in an honest, fair and unbiased manner to
ensure that their work is transparent and impartial. They will treat all voters in a fair, open
and professional manner and take action against any unethical conduct displayed by
colleagues.
2.1 INTRODUCTION
South Africa is a constitutional democracy; the Constitution of the Republic of South Africa (RSA)
is the supreme law. National legislation and Acts determine how elections should be conducted
and the role of the Electoral officer.
The Electoral Commission must uphold the legal principles as contained in the Constitution and
National Legislation. It is these principles/ provisions that we will be held accountable against.
The Electoral officer as a representative of the CEO must ensure that all processes are within the
legislative framework. All Electoral officers must abide by the code of conduct of the Electoral
Commission.
Chapter 2 of the Electoral Act provides us with the requirements for registration as well as the
compilation of the voters’ roll and objections.
The Regulations Concerning the Registration of Voters prescribes how we should go about
the registration and objection processes.
Refer to legislation
CHAPTER 2
SECTION
SUBSECTION
CHAPTER 4
SUBSECTION
(b) the voting officers appointed for that voting station, who may exercise the powers
and must perform the duties assigned to a voting officer by or under this Act.
Figure 4: Legislative References for Elections
CHAPTER 3 Sections
Preparations for Election 11. Election timetable
26. Voting Materials
28. Powers and duties of presiding officers
30. Powers and duties of voting officers
32. Powers and duties of counting officers
34. Powers and duties of counters
36. Powers and duties of additional persons
39. Appointment of agents
40. Powers and duties of agents and candidates within voting station
CHAPTER 4 Sections
Observers and Voter 41. Accreditation of observers
42. Powers and duties of accredited observers
Education Providers
43. Accreditation of persons providing voter education
CHAPTER 5 Sections
Voting 44. Officer at the voting stations
45. Hours of voting
46. Initial procedures
47. Voting procedure
48. Assistance to certain voters
49. Issue of new ballot papers
50. Marking of Hand
51. Objections concerning voting
52. Sealing of ballot boxes
53. Completion of ballot paper statement and sealing of voting materials
54. Voting procedure for mobile voting stations
55. Special Votes
CHAPTER 6 Sections
Counting 56. Commencement of counting procedures
57. Place and time of counting of votes
58. Verification procedure
59. Objections and appeals concerning verification
60. Counting of votes
61. Rejection of ballot papers
62. Objections concerning sorting of ballot papers and counting of votes
63. Procedure concerning results and voting materials
64. Determination and declaration of result of election
65. Objections material to result of election
[Link] Different countries use various electoral systems and the two most common are
Proportional Representation and First Past the Post/Majoritarian System.
[Link] An electoral system as in the case of the municipal elections in South Africa may
contain a mix of both Proportional Representation and First Past the Post (FPTP)/
Majoritarian characteristics.
The Constitution of the Republic of South Africa, sections 46 and 105, provide that the National
Assembly and Provincial Legislatures be elected on a Proportional Representation System while
section 157 provides that the Municipal Councils be elected on Constituencies Based / FPTP and
Proportional Representation Systems, provided that the municipality has wards. If the municipality
does not have wards (district municipalities), only Proportional Representation will be applied.
The Proportional Representation (PR) system has been used in South Africa since the 1994
democratic elections. This system embraces diversity as it encourages the representation of
minorities.
South Africa uses a closed list PR system for Political parties; this means that parties provide lists
of candidates in their order of preference. If one candidate withdraws, the next candidate on the
list takes over. This system results in parties receiving seat allocation in the national and provincial
legislature or municipal council according to the number of votes that they receive during the
election.
Independent candidates may contest elections at the National, Provincial, and Local government
levels with the following provision:
a. In the National election they only contest the regional ballot and the regional seats associated
with it on a proportional representation calculation.
b. In the election for the Provincial Legislature they contest for a seat alongside parties on a PR
basis.
c. In Local Government elections they contest the ward component of the election which is based
on FPTP.
a. The PR system awards seats to political parties according to the percentage of votes each
party received, and to Independents, who only qualify for a single seat.
b. Political parties submit lists with candidates in order of preference to the Electoral Commission.
c. Candidates are elected from the party lists and allocated seats on a sequential basis. That is,
if one candidate withdraws the next candidate on the list takes over.
d. On a national and provincial election day, voters vote for the political party or independents
of their choice.
e. The system allows for the representation of minorities.
f. A Party representative may have been elected by voters who are not in his/ her constituency.
The FPTP or Majoritarian system is a system in which a candidate who receives the highest
number of votes wins the election (“winner takes all”). The system is used in South Africa when
ward councilors are elected during Local Government Elections (LGE) as well as in a by-election.
a. The system is based on a constituency system, such as wards in Local Government Elections
in South Africa, with individual contestants competing for public office to represent voters living
in that specific ward.
b. FPTP awards a seat to the individual candidate who receives the most votes in an election.
c. The elected representatives are accountable to the people who voted for them.
d. Voters whose candidates have lost an election are not represented in a legislature/ council.
This does not mean that their needs will not be provided for.
3.1 INTRODUCTION
The objective of this unit is to guide staff at the voting station and assist them to perform their
duties with increased efficiency, effectiveness and professionalism. The Electoral Commission
has confidence in you as an election staff member to carry out your role with integrity to serve the
South African nation. Electoral staff members are entrusted with the responsibility by executing
their roles in line with the law (electoral prescripts) and serving the South African nation with
integrity, diligence and without fear or favour.
The diagram below is an example of an Election Cycle and it indicates the activities within the
various electoral stages. It also gives an indication of where the Electoral officers feature and how
they contribute towards free and fair elections.
Presiding Officer:
a. Complete e-Learning
and attend contact
institutional strengthening &
professional development budget & funding training sessions.
PLANNING b. Registration of
STRATEGY logistics & security
networking
recruitment
procurement
voters.
voter register update
REVIEW REGISTRATION
performance audits & evaluations
Presiding Officer:
party registration
assessment. complaints & appeals
results
candidates voter registration a. Voting (Special votes
NOMINATION and Election Day).
results tabulation codes of conduct
3.2.2 Electoral Period: The Electoral officer will perform the following activities:
3.2.3 Post-Electoral Period: The Electoral officer will undergo a performance assessment.
4.1 INTRODUCTION
One of the major roles of a Presiding Officer is to perform administrative duties at a voting station.
Non-adherence to procedures and incomplete documentation, ultimately increases the
organisation’s risk of non-compliance resulting in adverse audit findings. Failure to perform
this administrative function adequately may lead to:
a. Incorrect appointment;
b. Incorrect or late payment;
c. Non-payment; and
d. Adverse audit findings detrimental to the image of the Electoral Commission.
b. Ensure that all staff b. Ensure that training days b. Verify if all sections
who attended training are correctly signed on of the attendance
correctly signs the ESS the register. register are completed
attendance register. and duly signed off.
c. Ensure that all staff who c. Ensure that working days c. Capture any replacement
have worked correctly are correctly signed on staff on the ESS.
sign the register, including the register.
the Presiding Officer.
d. Ensure that all IDs of d. Confirm if staff attendance d. Upload VMD attendance
VS staff, including the for training and work has registers scanned offline.
Presiding Officer, have been scanned with the
been scanned with the VMD.
VMD, in staff attendance
mode, for training and
work events.
e. Deliver all documentation e. Scan and file copies
to the office and voting of the completed
stations. attendance registers as
per the payment plan.
b. Ensure replacement staff b. Ensure that the b. Provide approval for any
meet the following basic replacements staff have staff replacements or
requirements: provided the necessary additional staff.
i. Must be 18 years or documents:
older; i. Application form;
ii. Must be a SA citizen; ii. Copy of ID;
iii. Must be a registered iii. Proof of banking details;
voter. iv. SARS letter
The Presiding Officer is responsible for the completion of diaries which provides a record of events
at your voting station. Presiding officers are supposed to complete the relevant sections and any
additional information which is important or worth noting. If properly completed it should assist in
conducting the event in a manner conducive to free and fair elections.
At the end of the day, diaries must be submitted together with other
materials to the IEC local office.
Important
In terms of section 82(2) of the Electoral Act, 73 of 1998, an officer exercises the powers and
performs the duties conferred on or assigned to that officer subject to the directions, control and
disciplinary authority of the CEO (or delegated authority).
No appeal may be brought against a decision by the CEO to appoint a person as an officer, or to
remove an officer from office (Clause 82(10) of the Electoral Act, 73 of 1998 (as amended)).
Should a real need arise for an officer to be removed from duty, such officer may be suspended,
followed by a timeous disciplinary hearing.
Given the exigent circumstances, tight prescribed electoral event timelines and the nature of
employment, suspension with pay would be justified inter alia under the following circumstances:
a. if the accused is likely to interfere with witnesses;
b. if the accused is likely to tamper with evidence;
c. if the accused is likely to retaliate in some way against the complainant, perhaps with
violence;
d. the seriousness of the offense must be considered;
e. the employer suspects that the alleged offence may be repeated if the accused is allowed
access to the premises; or
f. the employer suspects that the presence of the offender will impact negatively on the
operations / workplace.
The unfair suspension falls within the definition of “Unfair labour practice” as per section 186
(2) (b) of the Labour Relations Act, so management is advised to exercise caution in deciding
whether or not to suspend an employee from duty. If the suspension is for an unreasonably long
period, if it is blatantly grossly unfair, or if there are no real prospects of the matter ever
reaching the disciplinary hearing stage, the employee can refer the matter to the CCMA and seek
reinstatement in his/her employment.
Step 1: The supervising officer (Presiding Officer, Area Manager, LEPO as the case may be)
01 calls the officer aside and informs him/her of immediate suspension for a specific reason.
Step 3: Having considered the response or if there is no response, the supervising officer
03 informs the person that s/he will be contacted by the IEC to allow him/her to present his/her
case either verbally/virtually or face-to-face.
Step 4: The supervising officer allows the officer to collect his/her possessions and accompanies
04 him/her out of the voting station and outer perimeter.
Step 5: The supervising officer reports the incident to the Area Manager/LEPO who in turn
05 must report it immediately to the LEPO/Provincial office.
06 Step 6: The supervising officer records the incident in the Registration/Election Diary.
Step 7: The LEPO arranges a session with the suspended officer as soon as possible on or
07 immediately after the day of the incident.
09 Step 9:The LEPO informs the officer about his/her rights to be assisted and to call witnesses.
10 Step 10: The LEPO allows the officer to state his/her case.
11 Step 11: The LEPO consults with Labour Relations and makes a recommendation to the PEO.
Step 12:The PEO (as delegated by the CEO) considers the recommendation and makes the
12 final call.
Step 13:A short written report must be submitted by the PEO office to the Labour Relations
13 and/or Compensation sections at national office.
info@[Link]
[Link]
@IECSouthAfrica
WhatsApp ‘ ’ to
060 088 0000