The Electoral Commission will urgently approach the Electoral Court to postpone all scheduled by-elections as part of its response to the COVID-19 pandemic.
The decision follows the announcement by the President of the Republic of a National Disaster in terms of the Disaster Management Act (Act 57 of 2002) and the introduction of a range of measures to help curb the spread of the coronavirus. The measures announced include urging people to limit physical contact and prohibiting gatherings of more than 100 people.
The election process involves relative close physical contact between election officials and voters including the exchange of ballot papers and inking of thumbs. At the end of the voting process, ballot papers must also be counted. Where an infected voter has handled a ballot, indications are that active viruses will last for at least 10 hours. This will be yet another opportunity for cross-infection of officials conducting the counting process.
Given heightened awareness and concerns over the COVID-19 pandemic, there is also a real possibility that significant numbers of voters may stay away from voting stations in upcoming by-elections.
This will result in low participation levels which will undermine the freeness and fairness of elections.
The Commission is of the view that in the circumstances, the measures announced as part of the national response to the pandemic; the possibility of free and fair elections is incontrovertibly vitiated.
The Commission has written to the Minister and provincial MEC’s for Cooperative Governance and Traditional Affairs to advise them of the intended application to the Electoral Court.
All associated election events including voter registration weekends and code of conduct signing ceremonies have also been postponed.
Scheduled by-elections affected are as per the schedule below:
BY-ELECTION DATE | PROVINCE | MUNICIPALITY | WARD NUMBER | DATE OF PROCLAMATION |
18 March 2020 | Gauteng | Emfuleni | 16 | 14 Feb 2020 |
18 March 2020 | Gauteng | City of Johannesburg | 68 | 14 Feb 2020 |
18 March 2020 | Gauteng | City of Johannesburg | 120 | 14 Feb 2020 |
18 March 2020 | Gauteng | City of Johannesburg | 130 | 14 Feb 2020 |
18 March 2020 | KwaZulu-Natal | Msunduzi | 25 | 14 Feb 2020 |
18 March 2020 | KwaZulu-Natal | Mtubatuba | 10 | 14 Feb 2020 |
18 March 2020 | Limpopo | Polokwane | 14 | 14 Feb 2020 |
18 March 2020 | Mpumalanga | Emalahleni | 18 | 14 Feb 2020 |
18 March 2020 | Mpumalanga | Bushbuckridge | 31 | 14 Feb 2020 |
18 March 2020 | Northern Cape | Khai-Ma | 4 | 14 Feb 2020 |
8 April 2020 | Free State | Matjhabeng | 3 | 6 March 2020 |
8 April 2020 | Gauteng | Ekurhuleni | 60 | 6 March 2020 |
8 April 2020 | Gauteng | Ekurhuleni | 103 | 6 March 2020 |
8 April 2020 | Gauteng | Tshwane Metro | 3 | 6 March 2020 |
8 April 2020 | KwaZulu-Natal | eThekwini | 32 | 6 March 2020 |
8 April 2020 | KwaZulu-Natal | uMvoti | 7 | 6 March 2020 |
29 April 2020 | Gauteng | Ekurhuleni | 89 | 27 March 2020 |
29 April 2020 | Limpopo | Ba-Phalaborwa | 19 | 27 March 2020 |
29 April 2020 | Mpumalanga | Govan Mbeki | 30 | 27 March 2020 |
13 May 2020 | Eastern Cape | Makana | 14 | 9 April 2020 |
13 May 2020 | Eastern Cape | Amahlathi | 1 | 9 April 2020 |
13 May 2020 | Eastern Cape | Mbizana | 24 | 9 April 2020 |
13 May 2020 | Northern Cape | Dawid Kruiper | 10 | 9 April 2020 |
13 May 2020 | Western Cape | George | 8 | 9 April 2020 |
13 May 2020 | Western Cape | George | 14 | 9 April 2020 |
13 May 2020 | Western Cape | George | 27 | 9 April 2020 |
All associated election events including voter registration weekends and code of conduct signing ceremonies have also been postponed.
ISSUED BY THE ELECTORAL COMMISSION