INTRODUCTION
As part of its unwavering commitment to protecting human rights, promoting vibrant civic space and fostering democratic practices in Southern Africa, the Southern African Human Rights Defenders Network (SouthernDefenders) deployed the SouthernDefenders Election Observation Mission (SDEOM) to observe the May 29th, 2024 general elections in South Africa. This mission, led by SouthernDefenders Chairperson, Professor Adriano Nuvunga of Mozambique, comprised twenty-one (21) expert election observers and over 100 community Human Rights Defenders (HRDs) from five SADC countries. The SDEOM operated across four provinces—Gauteng, KwaZulu Natal, Mpumalanga, and North West—between May 24th and 31st, 2024.
The primary objective of the SDEOM was to evaluate South Africa’s commitment to upholding human rights and ensuring civic space during the election process, while also assessing compliance with national, regional, and international democratic standards. Moreover, the mission aimed to scrutinize the participation of vulnerable and special interest groups, including women, children, youth, elderly, and persons with disabilities (PWDs), throughout the entire electoral cycle.
In order to fortify its endeavors and validate its findings, the SDEOM engaged a spectrum of key electoral stakeholders. This included interactions with Provincial and District Independent Electoral Commission representatives, the Electoral Institute for Sustainable Democracy in Africa (EISA) Election Observation Mission spearheaded by His Excellency Goodluck Jonathan, as well as regional and local Civil Society Organisations, who furnished contextual assessments of the electoral milieu.
This report presents the SDEOM’s preliminary findings on the conduct of elections and the human rights situation throughout the entirety of the electoral process.
CONTEXT OF THE ELECTIONS
The convergence of the 2024 General Elections in South Africa with the nation’s 30th anniversary of freedom and democracy marks a significant milestone in the country’s democratic journey since the end of apartheid. With over 16 million South Africans participating, this election represents a continuation of the democratic process established in the landmark elections of April 27, 1994.
The electoral context of 2024 is characterized by a backdrop of socioeconomic tensions, including rising unemployment, corruption, load-shedding, and increasing living costs. These challenges have underscored the significance of the elections as a platform for addressing pressing issues facing the nation.
For the ruling African National Congress (ANC), the elections posed a critical test of its ability to maintain support amidst growing discontent. Simultaneously, opposition parties viewed the elections as a significant opportunity to challenge the ANC’s longstanding parliamentary dominance since 1994. The re-emergence of former President Jacob Zuma into mainstream politics, following his jail sentencing for contempt of court, added another layer of complexity to the electoral landscape. Zuma’s affiliation with the newly formed Umkhonto weSizwe Party (M.K. Party) injected further dynamics into the political arena.
Despite these tensions and challenges, the elections proceeded without major incidents, reflecting the resilience of South Africa’s democratic institutions and processes. The peaceful conduct of the elections reaffirms the nation’s commitment to democratic principles and the rule of law.
Overall, the 2024 General Elections in South Africa hold profound significance as they coincide with the nation’s 30th anniversary of freedom and democracy. They serve as a testament to the progress made since the end of apartheid while highlighting the ongoing efforts to address pressing socioeconomic issues and strengthen democratic governance.
SUMMARY OF FINDINGS
A plurality of contestants offered voters a real choice with a total of 52 political parties contesting in the general election at the provincial and national levels.
Legal Framework: The legal framework governing elections in South Africa aligns with regional and international best practices, ensuring the conduct of democratic elections.
Electoral Environment: The observed areas experienced a generally peaceful and calm environment on polling day, with adherence to laws governing open participation and a commitment to the Electoral Code of Conduct.
Electoral Administration: While the Independent Electoral Commission (IEC) demonstrated transparency and professionalism, issues with Voter Management Devices (VMD) caused delays and disenfranchisement, highlighting the need for improvement.
Access to Information: The media environment was characterized by plurality, but concerns were raised regarding the use of AI in elections and the lack of mechanisms to combat hate speech and misinformation.
Freedom of Assembly and Association: Political parties were able to campaign freely, but incidents of intimidation and denial of access to voting stations for wearing political regalia were noted.
Accessibility: While most polling stations were accessible, isolated cases of inaccessibility to persons with disabilities (PWDs) and the elderly were observed.
Inclusion: Women’s political participation remains low, but there were high levels of youth participation. The introduction of independent candidates is seen as a positive step towards inclusion.
Conduct of Stakeholders: The presence of the South African Police Service (SAPS) ensured peace and order, while media and observer missions played crucial roles in observing the electoral processes.
Voting Process: While the IEC demonstrated professionalism, issues with VMD and voter education led to frustrations and potential disenfranchisement.
Counting and Results Tabulation: While the vote counting process was orderly, despite unsubstantiated claims of electoral fraud by some political parties.
Conclusion and Recommendations: The elections were conducted in line with democratic principles, with commendations for the IEC. Recommendations include ensuring changes to electoral laws are implemented effectively, increasing the number of voting stations, and addressing challenges with VMD.
Overall, the findings provide valuable insights for improving future electoral processes in South Africa, emphasizing the importance of adherence to democratic principles, transparency, and inclusivity.
PRELIMINARY FINDINGS
The preliminary findings of the Southern Defenders Election Observer Mission provide a thorough assessment of the 2024 General Elections in South Africa. The mission adopted Andreas Schedler’s normative criteria for democratic elections, emphasizing empowerment, free choice, inclusivity, insulation from undue influence, integrity, and irreversibility.
Legal Framework
The SDEOM acknowledges that South Africa’s legal framework for elections aligns with regional and international best practices. However, it highlights the need for continued adherence to constitutional rights and electoral laws to ensure the integrity of the electoral process. The legislative frameworks that guided the monitoring of the human rights situation and observation of the electoral processes by the Mission included;
The Constitution of South Africa
Electoral Act 1998
Electoral Commission Act 1996
Political Party Funding Act (PPFA) 2019
SADC Principles and Guidelines Governing Democratic Elections, 2014 (revised in 2021)
The Constitutive Act of the African Union (AU) (2002) (The Constitutive Act).
The African Charter on Human and Peoples’ Rights (ACHPR), 1987 and The African Charter on Democracy, Elections and Good Governance (ACDEG) 2007
African Union Declaration on Principles Governing Democratic Elections in Africa (2002)
Universal Declaration of Human Rights (UDHR) (1948)
International Covenant on Civil and Political Rights (ICCPR) 1966
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979
Convention on the Rights of Persons with Disabilities (CRPD), 2006
Principles and Guidelines for the Use of Digital and Social Media in Elections in Africa, Association of African Electoral Authorities
Electoral Environment
The SDEOM notes that the environment in observed areas was generally peaceful and calm on the polling day. In its observations and engagements with key stakeholders, the SDEOM noted that there was a general adherence to the laws governing open participation in elections including adherence to the Constitutional Rights and the Electoral Code of Conduct which afford the public the opportunity to express their political beliefs and to be part of any political party; and to join in any political campaigns, marches or public meetings of their choosing. The Mission takes note of the progressive step by political participants by signing of the Electoral Code of Conduct, which was a positive commitment to abide by principles aimed at achieving a free and fair election.
Electoral Administration
Throughout the electoral period, overall public confidence in the IEC remained high. The IEC conducted technical preparations in a transparent and professional manner and was perceived by all electoral stakeholders as independent and credible. The SDEOM takes note of the Commission’s commitment to hold regular public engagements including the use of media and social media. SDEOM observers noted the good cooperation of IEC officials, conducting their duties in a professional manner that contributed to building confidence in election administration on Election Day. However, the SDEOM noted widespread issues with the Voter Management Devices (VMD) that caused delays in the voting process and disenfranchised a number of voters. While the use of VMD is administrative and not a legal requirement in the verification of voters, the mechanism proved to be ineffective and a barrier to the expression of political rights.
Access to Information
The media environment was lively and pluralistic, with television and social networks being the main sources of electoral information. The SDEOM notes that during the campaign period, the South Africa media environment was characterised by media plurality, political parties and independents had adequate access to media covering elections freely, without any obstruction of their activity. The Mission additionally notes that political parties widely relied on social media platforms including X (formerly Twitter) YouTube, Facebook and Instagram for their campaigns with the use of social media personalities prevalent to mobilise voters.
However, the SDEOM noted with concern that in an electoral environment susceptible to high levels of hate speech, misinformation, disinformation and malinformation especially since the advent of Artificial Intelligence (AI), adequate mechanisms to combat the use and abuse of AI in elections and protect the electorate was not noted. While electoral stakeholders, were guided by Principles and Guidelines for the Use of Digital and Social Media in Elections in Africa[1], there were no clear mechanisms to hold violations to account.
Freedom of Assembly and Association
The Mission notes that political party campaigns were conducted by most political parties around the country, with political parties able to set up information tents/desks outside polling stations with minimal interference at observed locations. Through engagements with stakeholders, the SDEOM further notes that the public exercised their freedom to assembly and association with various political parties in line with constitutional provisions and international principles. Political tolerance was exercised by members of all political parties. However, the Mission noted isolated incidents on election day where some members of political parties were intimidated and denied access to voting stations for wearing political regalia. A clear position needs to be established on the use of political regalia at voting stations.
Accessibility
The SDEOM notes that established voting stations were within adequate reach of communities and equally accessible. The mission also notes the efforts by the IEC to provide adequate signage to polling stations. However, there were isolated cases where polling stations were not easily accessible to persons with disabilities (PWDs) and the elderly.
Inclusion
The low number of women representing political parties on the national and regional national ballots reflect the harsh reality of women’s political participation in South Africa. However, the Mission notes the high levels of youth participation especially young women at observed voting districts among IEC officials, a commendable step towards the realisation of women and youth in electoral processes. The Mission also notes that the introduction of independent candidates on the regional national ballot led to the opening of the political space, a positive step towards inclusion.
Conduct of Stakeholders
Security
The Mission notes that the South African Police Service (SAPS) were present at all voting stations visited and assisted in not only the maintenance of peace but assisted prospective voters with election related information. Their presence without being intimidatory plays a pivotal role in maintenance of peace and order.
Observers
Media, local CSOs as well as regional and international observer missions were visible in voting stations observed by the SDEOM. These stakeholders played a crucial role in observing the electoral processes.
Voting Process
The SDEOM congratulates the IEC voting station personnel for inclusive and professional election administration on election day to ensure a professional and vibrant voting experience. On election day, despite the overall calm environment, voter frustration was evident in some places due to long waits caused by extensive delays brought about by network issues with VMD. Verification of voting stations was a significant point of contention on election day. Voter education efforts did not adequately address the gap brought about by changes to the electoral framework resulting in the Mission witnessing a number of voters being turned away due to being at the wrong Voting Station potentially disenfranchising prospective voters.
Counting and Results Tabulation
The SDEOM observed the vote counting process, result transmission and visited Results Operating Centres. The Mission notes that calm and orderly counting was assessed positively by observers but the counting of ballots including special votes and result tabulation was evaluated less favourably due to the lack of clear accountability mechanisms at voting station level.
Conclusion
The 2024 General elections were conducted in line with the principles, rules and laws governing free, fair and democratic elections. The SDEOM commends the IEC for conducting the electoral processes in a credible manner, a clear benchmark for election administration in the region. The SDEOM notes that despite the logistical challenges the election allowed people an opportunity to exercise their right to vote.
The SouthernDefenders Election Observer Mission offers the following recommendations;
Transparent Legislative Changes:Ensure that any changes to electoral laws are implemented in a manner that allows stakeholders to understand and adapt to them effectively. This includes raising awareness about the changes to ensure broad understanding and compliance.
Increase Voting Stations:Address long queues observed at some voting stations by increasing the number of voting stations across the country. This will help to streamline the voting process and reduce waiting times for voters.
Translucent Ballot Boxes:Encourage the Independent Electoral Commission (IEC) to adopt the use of translucent ballot boxes. This practice enhances transparency in the voting process, allowing observers and voters to see the ballots being deposited without compromising secrecy.
Assessment of Voter Management Devices (VMD):Conduct a thorough assessment of the effectiveness and potential challenges associated with the use of Voter Management Devices (VMD). This includes addressing network issues that may arise and ensuring that the VMDs facilitate rather than hinder the expression of political rights by voters.
[1] https://www.elections.org.za/pw/Elections-And-Results/Principles-and-Guidelines-for-the-use-of-the-Digital-and-Social-Media-in-Elections-in-Africa
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