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Citizen Contribution: J Balch [1995] ZAConAsmRes 1559 (1 June 1995)

 

AWEPA

European Parliamentarians for (Southern) Africa
Amsterdam, The Netherlands

1 June 1995

  1. AWEPA has had extensive contacts throughout the transitional process in South Africa with members of the Multi-party Negotiating Forum and the Constitutional Assembly. The overwhelming assessment of the texts of agreements made, the Interim Constitution and subsequent proposals is that the composition and phrasing of the relevant documents has been of the highest calibre, judged according to international standards.

  1. The history of AWEPA's engagement in democratisation processes in South Africa and Southern Africa is well known to members of the Committee. This has included cooperation with Electoral Commissions in Southern Africa and electoral observation and assistance programmes in Angola, Lesotho, Malawi, Mozambique, Namibia and South Africa. The latter included close liaison throughout the electoral process with Judge Kriegler and the Independent Electoral Commission (IEC).

AWEPA took the initiative to hold a regional consultative workshop in Maputo in March 1995, with participation from nine of the eleven Electoral Commissions and Directorates in the Southern African Development Community (SADC) Member States. A report of this meeting is in the final stages of preparation, and will be made available to the Committee. A second such consultative meeting of representatives from SADC Member State Electoral Commissions and Directorates will be convened in the second half of 1995, and members of the Committee will be welcome to attend. The purpose of this further consultation will be to expand on earlier preliminary conclusions, develop processes for regional exchange of experience and information, and to initiate a regional newsletter on democratisation processes in the SADC region.

  1. With regard to the theme and discussion matter of this hearing, it is strongly felt that during a transitional period in new and emerging democracies an objectively independent Electoral Commission is of vital importance, particularly in relation to the legitimacy of the electoral process, accountability and perceived non-partisanship. Close cooperation and, indeed, coordination with a responsible ministry (e.g. Home Affairs, Justice) is also essential, although this should not involve a formal attachment during the transition period. For South Africa, one might suggest that under ideal conditions (see #4 below) an independent Electoral Commission would be advisable up to the second elections under a new (permanent) constitution.

  1. Experience has shown that a number of functions, practises and conditions ought to be put in place before an independent Electoral Commission is replaced by a more permanent electoral structure. These would include: a permanent system and service for registration on a standing voters' roll; systems for training and maintaining a cadre of political party electoral observers; a judicial review process, such as Revisions Courts, for contesting individual voter registration and other issues; designated electoral responsibility within a particular ministry, with officials and experts appointed on an objective, non-political basis and in liaison with an appropriate parliamentary committee and the political parties; and guaranteed transparency, such as accessibility of the public to relevant documents.

  1. AWEPA is prepared on request to provide documentation and assessments of European electoral laws and constitutions, for use as a comparative international background to the further deliberations of the Committee.

BALCH J (Dr)

Programme Officer