ALL is fair in love and war – and politics, it would seem. Or is it?
Recently, allegations have been made against the ANC for abusing state resources during its electoral campaign. DA leader Helen Zille accused the ANC of using its position as governing party to boost its majority at the May 7 polls. A number of instances have been reported of cash being handed out to voters by President Jacob Zuma himself.
Media reports have also revealed that the South African Social Security Agency (Sassa) distributed food parcels at a recent ANC rally.
Furthermore, the code stipulates that no person or political party may offer any inducement or reward that might influence political party identification or allegiance; nor infringe on the freedom of association of individuals in respect of attending and participating in public meetings or political events.
It further outlaws the use or display of armaments in political meetings, demonstrations, rallies or public political events and safeguards people’s right of access to other people for the purposes of voter education, soliciting support for any political party or candidate, accumulating funds and so on.
In addition the code disallows any person or party from interfering with the electoral campaign and marketing strategies of other parties, by prohibiting people from vandalising or removing the banners, posters, advertisements or any other materials used by political parties or candidates.
Ultimately the code of conduct forbids any political party or person from misusing a position of power or influence to alter the regulation or end result of an election.
Any political party or person found to be in breach of the electoral code might be subjected to penalties and fines determined by the Electoral Court to ensure that all parties and individuals contesting the elections comply with the code. Depending on the severity of the violation, the Electoral Court reserves the right to issue a formal warning or fine to any value below R200000 or to bar any political party or individual from making use of public media to promote their political objectives, distributing electoral adverts, pamphlets amongst others.
It is clear that the electoral code of conduct fulfills a pivotal role during election time as it provides clear guidance as to the behaviour of all the key actors participating in the electoral processes that are instrumental in yielding credible, free and fair elections and ensuring a public commitment to fair play from all parties.
So, the question really remains whether what the ANC is doing falls under the definition of “prohibited conduct” so as to have a direct bearing or influence on the election result or whether it is simply a mixture of a crass form of vote-buying and utilising the benefits of incumbency as any political party would do.
Thus far the DA has not made any formal complaint except via the media so there has been no independent adjudication of the allegations.
Governing parties typically utilise their dominant position to garner votes. Yet one could well argue that handing out cash is the crudest form of such campaigning. But often “on the stump” these things happen quickly and given the pace of campaigns in South Africa, are soon forgotten.
The KwaZulu-Natal agriculture and environmental affairs MEC Meshack Radebe displayed the more insidious form of abuse when he said social grants are only for “ANC supporters”. This is a more dangerous form of rhetoric and is ultimately more damaging. But had the matter been taken to the Electoral Court it would not have mattered since the words can now not be withdrawn.
The people who heard these words hopefully also heard that Radebe was wrong and that it was their constitutional right to receive a grant no matter whom they voted for.
So, in some ways the law can assist us, in other ways it is merely of retrospective assistance. Because what ultimately creates free and fair elections is a deeply entrenched democratic culture which will ensure that citizens are able to discern when public money is abused on the campaign trail and when opportunistic untruths are told to garner votes.
Judith February is a senior researcher in the governance, crime and justice division of the Institute of Security Studies, Pretoria, www.issafrica.org
Democratic culture can dilute crass vote-buying
Recently, allegations have been made against the ANC for abusing state resources during its electoral campaign. DA leader Helen Zille accused the ANC of using its position as governing party to boost its majority at the May 7 polls. A number of instances have been reported of cash being handed out to voters by President Jacob Zuma himself.
Media reports have also revealed that the South African Social Security Agency (Sassa) distributed food parcels at a recent ANC rally.
Furthermore, the code stipulates that no person or political party may offer any inducement or reward that might influence political party identification or allegiance; nor infringe on the freedom of association of individuals in respect of attending and participating in public meetings or political events.
It further outlaws the use or display of armaments in political meetings, demonstrations, rallies or public political events and safeguards people’s right of access to other people for the purposes of voter education, soliciting support for any political party or candidate, accumulating funds and so on.
In addition the code disallows any person or party from interfering with the electoral campaign and marketing strategies of other parties, by prohibiting people from vandalising or removing the banners, posters, advertisements or any other materials used by political parties or candidates.
Ultimately the code of conduct forbids any political party or person from misusing a position of power or influence to alter the regulation or end result of an election.
Any political party or person found to be in breach of the electoral code might be subjected to penalties and fines determined by the Electoral Court to ensure that all parties and individuals contesting the elections comply with the code. Depending on the severity of the violation, the Electoral Court reserves the right to issue a formal warning or fine to any value below R200000 or to bar any political party or individual from making use of public media to promote their political objectives, distributing electoral adverts, pamphlets amongst others.
It is clear that the electoral code of conduct fulfills a pivotal role during election time as it provides clear guidance as to the behaviour of all the key actors participating in the electoral processes that are instrumental in yielding credible, free and fair elections and ensuring a public commitment to fair play from all parties.
So, the question really remains whether what the ANC is doing falls under the definition of “prohibited conduct” so as to have a direct bearing or influence on the election result or whether it is simply a mixture of a crass form of vote-buying and utilising the benefits of incumbency as any political party would do.
Thus far the DA has not made any formal complaint except via the media so there has been no independent adjudication of the allegations.
Governing parties typically utilise their dominant position to garner votes. Yet one could well argue that handing out cash is the crudest form of such campaigning. But often “on the stump” these things happen quickly and given the pace of campaigns in South Africa, are soon forgotten.
The KwaZulu-Natal agriculture and environmental affairs MEC Meshack Radebe displayed the more insidious form of abuse when he said social grants are only for “ANC supporters”. This is a more dangerous form of rhetoric and is ultimately more damaging. But had the matter been taken to the Electoral Court it would not have mattered since the words can now not be withdrawn.
The people who heard these words hopefully also heard that Radebe was wrong and that it was their constitutional right to receive a grant no matter whom they voted for.
So, in some ways the law can assist us, in other ways it is merely of retrospective assistance. Because what ultimately creates free and fair elections is a deeply entrenched democratic culture which will ensure that citizens are able to discern when public money is abused on the campaign trail and when opportunistic untruths are told to garner votes.
Judith February is a senior researcher in the governance, crime and justice division of the Institute of Security Studies, Pretoria, www.issafrica.org
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