Explainer: How we got to all systems go and what to expect in the run-up to November 1

It’s all systems go after those Constitutional Court challenges. Why does this matter?

Crucially, the highest court in South Africa has bolstered and reaffirmed the Electoral Commission of South Africa (IEC) as independent and in charge of elections on the basis of existing legislation, specifically Section 11 (2) of the 2000 Local Government: Municipal Electoral Act that allows the commission to amend the election timetable if “it considers it necessary for a free and fair election…” And so the IEC will rise or fall by its own actions as the constitutionally enshrined custodian of free and fair elections. 

Briefly speaking, in late July the IEC accepted an independent inquiry recommendation that because of Covid-19 the 2021 municipal poll should be postponed. In August the commission turned to the Constitutional Court to delay the poll. 

Meanwhile, Cooperative Governance Minister Nkosazana Dlamini Zuma proclaimed 27 October as the election day – just in case. That meant the councillor candidates’ registration closed on 23 August. On the day the IEC extended the deadline to 9pm, but the ANC failed to register candidates in about 35 councils in both ward and proportional representational (PR) lists. 

On 3 September the Constitutional Court dismissed any poll postponement, set aside Dlamini Zuma’s proclamation as unconstitutional – and ruled the municipal poll must be held between 27 October and 1 November. 

For the IEC that judgment meant it had to decide whether to hold a new voter registration drive – it did, and also linked that with the reopening of the councillor nomination window. The commission’s argument was that registration on the voters’ roll is a requirement not only for voting, but also for contesting elections; the one is a corollary of the other.  

The DA was furious, and took its view that this showed electoral bias to benefit the ANC to the Constitutional Court. It got the support of the IFP, EFF and African Transformation Movement. But the case was lost on Monday, 20 September when the Constitutional Court dismissed the applications. Both the DA and IFP promised to have eagle eyes on these elections. 

On Monday Dlamini Zuma officially proclaimed 1 November as the local government election date, enabling the IEC to publish its amended election timetable – firmly setting off the elections logistics juggernaut. 

What about the voters?

The voters’ roll is closed – that happened at midnight Monday into Tuesday, 21 September – and if you’re not on it, you can’t vote on 1 November. 

This updated voters’ roll is open for inspection for those contesting the municipal poll until Thursday, 23 September. Any objections will be resolved before the IEC certifies the voters’ roll on 26 September, finalising this stage of the road to the municipal elections. 

The voters’ roll now stands at 26,202,783, with women representing 55.1% of those registered. Crucially, the 18-19 September voter registration drive led to 433,198 new registrations, of which 402,401 are in the 16 to 29 age group.  

The enthusiastic 16-year-olds will have to wait until they turn 18 to cast their ballots. But the registrations by 18- to 19-year-olds who are eligible to vote on 1 November more than tripled – from 44,079 before the voter registration drive to 169,068, according to the IEC stats.  

Also up marginally, by around 0.4 of a percentage point, are registrations in the 20 to 29 age group, now totalling 4,423,371 women and men. But that’s still less than 10% of eligible voters in that age group, trailing all other age brackets except the over-60s. 

Special votes applications are open now, until Monday, 4 October.  

A special voter is anyone who may be outside their registered address on polling day – think police, soldiers, truck drivers or journalists – or those who may need special attention, like the elderly and infirm. Home visits by electoral staff can also be applied for. 

Special vote application is done online on www.elections.org.za – and, crucially, if elderly parents are not au fait with the IT, then registration can be done on their behalf.  

Special votes are cast over two days – 30 and 31 October. 

What’s happening with would-be councillors – either independents or those representing a political party?

On 29 September, the lists of councillor candidates will be published, according to the IEC. 

All political parties and all independents wanting to contest the 1 November municipal poll had until 5pm on Tuesday, 21 September, to register candidates – and pay the deposits. 

It’s local government, so there are different lists for wards and for proportional representation, or PR, candidates. That’s why voters in South Africa’s eight metros get two ballots – one for the ward councillor and one for the PR preference. In other local municipalities, voters get three ballots – one for the ward councillor, one for the PR councillor and one for the rep to the district council. 

The election deposit is R3,500 to contest a ward and proportional representation poll in each of the eight metros. It’s R2,000 in a local council and R1,000 for a district council. An independent must pay R1,000 for the ward (s)he contests – the same cost for political parties that don’t contest the PR ballot of a municipality. 

Councillor candidates of political parties must be on the correct list – for one of the 4,468 wards in South Africa, or as PR councillor or as district rep – submitted to the IEC with correct ID numbers, nomination acceptance forms and other supporting documents.  

Independent would-be councillors must back their candidacy with a list of at least 50 supporters’ names and signatures from the ward they are contesting. 

“A party or candidate who does not comply with the submission of candidates or payment of deposits will not have an opportunity to remedy the defect,” said the IEC in a recent statement. 

“The commission will refund to a party any deposit paid, if the party is allocated at least a seat or receives 10% of the total number of votes cast in the municipal council it is contesting.” 

Over the next few days the IEC will check registration details and deposits paid. By 1 October all would-be councillors will have their IEC certificate for the municipal poll. 

And Covid-19?

Covid-19 pandemic or not, scores of elections have been held around the world. 

According to the IEC, all health and safety protocols are in place in line with what’s become standard – mask up, sanitise hands and maintain distance. However, for some reason foggers, which have no preventative value, are also part of the measures.  

The IEC is categorical – no mask (properly worn), no vote. “The election officials will refuse you entry to the voting station and you will not be able to register, or update your address, or vote,” say the Covid-19 safety rules on the commission’s website. 

As on Super Wednesday, the 7 November 2020 by-elections when 107 seats in 95 wards were contested, the IEC is asking voters to bring their own pens. 

Before the 1 November municipal poll what else is on the IEC to-do list? 

The location of voting stations for inspection will be published on 15 October. But much of the elections prep work takes place in the background – printing ballots, getting together election materials from ballot boxes, ink and other equipment that alongside those new verification devices must be sent off to each of the 23,151 voting stations. 

And on the political front?

Expect electioneering noise to ratchet up as political parties launch their election manifestos, or pledges of what they’d do if elected. 

The DA is first with a virtual manifesto launch on 25 September, followed by the EFF the next day in Johannesburg and then the ANC’s  manifesto launch in Tshwane on 27 September. The IFP follows on 30 September in Durban. The Freedom Front Plus is a latecomer, launching its manifesto on 9 October. Parties like Good and ActionSA have already kicked off their election promises. 

Posters went up once the IEC announced the voter registration weekend. Undoubtedly, more will appear on poles as election day nears, and there will be pamphlet blitzes and door-to-door campaigns. Voters can expect SMSes, calls and more in the effort to get them to the hustings to cast their ballots. 

What is different this time around?

The 1 November poll is set to be about more than municipal matters.  

For the governing ANC it’s a litmus test of its popularity after years of talking about unity and asking for second chances, even as the Covid-19 public health emergency enriched the politically connected. 

For the DA, a party that valued electoral showing, it’s a test of whether with the current leadership and policies the opposition can regain votes after its first electoral dip in the May 2019 elections. 

And the EFF must step up its wins in wards to show it can actually win on a municipal platform, rather than PR votes cast because of a national appeal. 

The municipal poll will track the IFP’s standing, particularly in the more rural councils, where it got a boost in the 2016 elections. 

And for the Freedom Front Plus, the municipal poll will measure whether the 2019 wins that saw it triple its MPs in Parliament is a sustained trend. 

Much is at stake given the current parlous state of South Africa – from deepening hunger and joblessness, a flailing economy and governance dominated by regulations and directives as the Covid-19 National State of Disaster is renewed month by month.  

Wednesday, 22 September, marks South Africa’s Covid-19 Lockdown Day 545. DM

[hearken id="daily-maverick/8671"]