Briefing on Floor Crossing and International Work 6 November 2007

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

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

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

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

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.

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.

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.

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

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

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

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

Gain / Loss since 2002 Party Total Gained Total Loss Nett Effect ACDP 9 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

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

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.

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

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. 1 000 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

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

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

International Technical Assistance Comoros Democratic Republic of the Congo Nigeria Zambia

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

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

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.

Thank You!