1 1 PR List Management Principles & Processes June 2013

2 2 Introduction Maintenance of PR Lists: –Pertains only to party lists –Supplementing, changing, increasing of candidate lists –Filling of vacancies Governed by the Municipal Structures Act, 1998, (Act 117 of 1998) IEC is responsible for management of PR lists e

3 3 Legislative Imperatives To manage Party lists that occur in Councils To ensure vacancies are filled by eligible candidates To supplement, change and increase PR list as amended by political parties

4 Causes of Vacancies on Lists Item 12 – Schedule 2 Assumes office as a councillor Resigns from list by written notice to PEO/CEO Becomes ineligible to be a candidate (Constitution: Section 158) Disqualified or removed from the list i.t.o legislation Ceases to be a member of the party that listed the candidate Ceases to be ordinarily resident in the municipality to which the list relates

5 Causes of Vacancies in Councils Sect MSA A Councillor: Resigns in writing No longer qualifies to be a Councillor Ceases to be a member of the relevant party Contravenes Code of Conduct of Councillors

6 Vacancies: LC Reps to DC Sect. 27(e) - MSA Ceases to be a member of the local council which appointed the councillor to the district council Replaced by local council as its representative in the district council

Filling of PR Vacancy Process MUNICIPAL MANAGER Vacancy Declaration PEO Head Office Process Amendments MEO Documentation Required Party Candidate List Acceptance of Nomination Copy of ID

Filling of Vacancies… PEO/MEO must make available the name of person at the top of the applicable party list to be elected in the vacancy Amendments to party lists where a vacancy has occurred must be effected by not later than 21 days after councillor has ceased to hold The vacancy must be filled within 14 days after expiry of 21 days period If the party supplements, changes or increases its list, it must provide the PEO/MEO with an amended list If the party fails to supplement its list or ceased to exist, the vacancy must remain unfilled

Filling of Vacancies MSA Schedules 1 & 2 Items 18 (1) & 11 (1) ( a) If a councillor elected from a party list ceases to hold office, the chief electoral officer must, subject to item 20, declare in writing the person whose name is at the top of the applicable party list to be elected in the vacancy. (b) Whenever a councillor referred to in paragraph (a) ceases to hold office, the municipal manager concerned must within seven days after the councillor has ceased to hold office, inform the chief electoral officer accordingly.

Filling vacancies & changing the order MSA – Schedules 1 & 2 Items 20 (1) & 13 (1) (1) A party may supplement, change or increase its list at any time, provided that if a councillor elected according to a party list, ceases to hold office, the party concerned may supplement, change or increase its list by not later than 21 days after the councillor has ceased to hold office. The vacancy must be filled as soon as the party in question has supplemented, changed or increased its list, but not later than 14 days after expiry of the 21-day period. (2) If a party supplements, changes or increases its list in terms of sub item (1) it must provide the chief electoral officer with an amended list.

Notification Process IEC will only act on a vacancy when a formal letter is received from the MM Letter/Notice to contain the ff. Name of Councillor ID No. of Councillor Party represented Code and name of municipality where a vacancy has occurred No Vacancy will be processed unless written confirmation & supporting documents are received

Supporting Documents Signed letter from Municipal Manager declaring the vacancy Letter to inform IEC of a vacancy or that councillor ceased to be a councillor Vacancy as result of death Copy of the death certificate Resignation from council Letter of resignation signed by the councillor Resignation from party Letter of resignation signed by the councillor must not be a date in the future and must be in line with the date of the MMs letter Expelled from Council Council minutes showing expulsion from council and be confirmed by the MEC Expelled from party Expulsion Letter must be signed by the part leader or duly authorized representative.

MEO Management of Process MEO receives notice & either Death Certificate, Resignation or Expulsion letter from MM MEO receives from party to amend PR list MEO receives supporting documents confirming vacation of office by councillor MEO refers requests to amend PR list to PEO MEO refers documents regarding vacation of office to PEO

PEO Management of Process oPEO receives and verifies amendments and vacancies oPEO refers amendments/vacancies to HO oAdvise party via MEO in writing of amendments/vacancies (replacement) oMaintain records of amendments/vacancies (replacements)

NO Management of the Process Only the CEO or delegated official can declare a councillor elected. Delegated officials are Manager: Voters Roll and Party Liaison and the Senior Manager: Electoral Matters.

Common Problems Vacancy reported late – delay from MMs office Amendment of list after 21- day period expired Delay by party to submit outstanding documents Dispute emerges within party about resignation/expulsion Dispute emerges w.r.t. declared replacement Person not recorded as having assumed office of councillor

17 Common Problems… Cont… Contradictory information from party regarding replacement Unauthorized person submitting changes Lack of follow-up on outstanding documentation from parties leading to delay on processing Inadequate use of CNS PR changes by MM office not communicated to IEC

Councillor Audits 18

Legislative Imperative In terms of the Municipal Structures Act, it is the responsibility of the Electoral Commission to manage the replacement of PR councillors in local and district councils. This also goes for ward vacancies. Confusion on the part of municipal councils in terms of the replacement/ filling of vacancies, leading to the IEC not being aware or managing replacements. 19

Audit Process Step 1 EPCs must obtain a written list of councillors from the Municipal Manager. List must have the following information: Name and code of municipality Total number of seats for that Municipal Council For each Councillor, his or her Name and surname, ID Number, Party/Independent; and seat type(PR/WD) NB. The ID No. is very important. 20

Audit Process (Cont.) Step 2 Audit list by: Comparing list obtained from MEO with Candidate Nomination System (CNS) records. How to Access CNS Go to Select Reports Select Local Government Elections Select Candidate and Councillor Reports Reports selection screen pops up Select Province 21

Audit Process (Cont.) Select municipality Select all parties Select PR for election type drop down box Click on View Report Repeat same steps to audit Ward councillor records (election type) Step 3 Record all information on the Report template, and note the discrepancies. 22

Audit Process (Cont.) Step 4 Submit the municipal report to the PEO Electoral Matters Directorate and follow up on any discrepancies. Regional Supervisors to do same for District Councils. Step 5 PEO Office to Audit information before submission to National Office. 23

Common Problems Municipalities records in disarray and thus unreliable; MEO Offices not doing a thorough job thus relying on RS and PEO Office to pick upon discrepancies; Discrepancies not followed up and resolved thus leading to issues remaining unresolved; 24

The End Thank you for your time and patience.