1. Briefing on Floor Crossing and International Work 6 November 2007

2. Briefing on Floor Crossing and International Work
Legislative Framework
IEC Experiences
International Work

3. Floor Crossing: Applicable Legislation
Constitution of the Republic of South Africa
Electoral Commission Act
Local Government: Municipal Structures Act

4. Background
Floor crossing period in 2007 coincided for all levels ( National, Provincial & Local)
IEC only administers floor crossing for municipal councils - Schedule 6B
Offices of Speakers of National Assembly and Provincial legislatures responsible for floor crossing at those levels - Schedule 6A

5. The Rule
If a councillor changes party membership from the party that nominated him/her or an independent who joins a party, then he/she loses the seat
Window period creates an exception to the rule and allows councillor to retain seat if the requirements are met

6. Requirements (In terms of Schedule 6B of the Constitution)
The councillor informs the Chief Electoral Officer in writing that he/she had changed membership;
Must be during the window period;
Acceptance of membership by new party;
Can only change membership once;
Councillor(s) crossing represents not less than 10% of the total number of seats held by the original party in that council.

7. Registered Parties
Can only cross to a party that is already duly registered with the IEC. It does not matter that such party did not participate in an election before or already has seats in that council.
Transitional provision allowing councillors to cross to a party which applied for registration and then had 4 months to finalise its registration only applied in 2002.
This provision now only applies to National and Provincial legislatures.

8. Moratorium on Disciplinary action by Party (In terms of Schedule 6B of the Constitution)
During the window period, no party may, without the written consent of that councillor:
- suspend or terminate the membership of such councillor representing that party; or
- perform any act whatsoever which may cause such a councillor to be disqualified from holding office in that council.

9. Administration Commission not allowed to make Regulations
Commission designed pro-forma notice to facilitate submission
The Electoral Commission designated the Chief Electoral Officer to receive notification in writing at its National Office in Pretoria
Dedicated fax-line and hand delivery at National Office
Acknowledgement of receipt faxed to the fax number given on the written notice

10. Reasons for unsuccessful crossing
Any one of the requirements not met e.g.
- 10% requirement is not met
- Notification submitted before or after the window period
- Not a councillor
- Non-Acceptance by receiving party
- PR to Independent
- Change membership more than once

11. IEC Experiences: Floor crossing since 2002
2004
2007
Number of Municipal Councils
178
164
128
Number of Councillors
559
493
249

12. Councillor Movement per Province
2002
2004
2007
Eastern Cape 34 54 26
Free State 47 16
Gauteng 75 60 18
KwaZulu Natal 62 55 44
Limpopo 42
Mpumalanga 15
North West 30
Northern Cape 66 49 14
Western Cape
147
107 64

13. Gain / Loss since 2002 Party Total Gained Total Loss Nett Effect ACDP9 22
-13
ANC
538 44
494 DA
104
485
-381 ID 52 40 12
IFP 31 42
-11
NNP
355
289
PAC 2 74
-72
UCDP 3 45
-42
UDM 13 82
-69

14. Parties & Independents
Total of 78 parties have been impacted by floor crossing over the 3 floor crossing events at local level
Of these, 61 are not parties represented in Parliament
37 councillors became Independent while 34 Independent councillors joined parties

15. Experiences
Plethora of Court cases prior and during window period regarding expulsions.
Persons not councillors.
Attempts of withdrawal of notices.
Internal disputes within parties
Double crossing -Two notices from councillor moving from the original party but to different destinations.
Multiple Crossing (From Party A to Party B, and then from Party B on to Party C, etc.) within same window period.

16. Allegations of fraud
Allegations of bribery attempts
Allegations of “no knowledge”
Allegations of deception
Allegations of theft and coercion

17. Floor Crossing: Changes and or Amendments that have been discussed at various fora
No floor crossing
Floor crossing only in regard to wards
Floor crossing only to parties already represented
- Registration of parties – different requirements for parties formed for floor crossing e.g signatures for national and provincial
Right of recall – to balance floor crossing
Split terms of Office (½ elected during elections; the other ½ elected 2½ years later?)
Legislative Empowerment to Commission to make Regulations
Electoral Court jurisdiction - sanctions

18. International Work IEC participates in
- International Institute for Democracy and Electoral Assistance (IDEA)
SADC Electoral Commissions Forum (ECF)
Association of African Electoral Authorities
African Union: Technical Team on the African Charter on Democracy, Elections and Governance
African Union: Electoral Assistance Fund and Unit

19. International Conference on Sustaining Africa’s Democratic Momentum
5 – 7 March 2007
Co-hosted with African Union and International IDEA
Attended by over 320 delegates
Former heads of African states and governments
Representatives of EMBs, political parties and civil society from Africa, Latin America, and Asia
Policy-makers, academics

20. International Technical Assistance
Comoros
Democratic Republic of the Congo
Nigeria
Zambia

21. Election Observation East Timor Lesotho Mexico Seychelles
Botswana (Voter Registration)
Australia
Kenya

22. Visiting Delegations Cameroon DRC The Gambia Germany Liberia Maldives
Nepal
Sudan
Zambia

23. Framework for International Work
Draft MoU with DFA regarding the provision of electoral assistance for electoral processes in various African countries is being discussed to address:
IEC electoral assistance to various other African countries when requested to do so;
Reasonable DFA assistance to IEC officials travelling abroad to assist with elections;
Provision of training modules to cadets, diplomatic trainees and counsellors in the DFA;
Provision of funding from the African Renaissance Fund for projects requiring the IEC’s electoral assistance.
Amendments to establish more clearly the legal mandate for international work to be considered.

24. Thank You!