The Information Regulator has decided to proceed with a full assessment of the security compromise suffered by the Electoral Commission of South Africa (IEC).
The regulator this week released the outcomes of the matters it had investigated and the assessments conducted in relation to the Protection of Personal Information Act (Popia) and the Promotion of Access to Information Act (Paia).
Earlier this month, the regulator had received two security compromise notifications from the IEC following an unauthorised release of the confidential ANC and uMkhonto weSizwe (MK) Party’s candidate lists for the 2024 national and provincial elections.
At the time IEC chief electoral officer Sy Mamabolo said following an investigation, the involved employee’s contract of employment had been terminated.
The regulator then issued a notice to the IEC seeking further information.
Regulator chairperson Pansy Tlakula on Tuesday said: “Following the assessment of the information obtained from the IEC, the Regulator has decided to proceed with a full assessment of the security compromise suffered by the IEC.”
The IEC did not respond to further requests for comment on the matter.
During the 2023/2024 financial year, the regulator said its Paia division completed eight matters, five of which had been finalised, while two are pending before the Enforcement Committee and one is ready for determination by the Members of the Regulator. The division conducted own-initiative assessments on 108 public and private bodies.
It also conducted 108 Paia assessments on public and private bodies, including political parties, universities, national and provincial government departments and JSE-listed companies.
In relation to Popia, the regulator received 982 complaints during the 2023/2024 financial year, and 14 responsible parties were assessed.
Tlakula said: “Of these, 682 complaints were resolved, and 10 assessments were completed and are ready for determination by the regulator through the issuing of enforcement notices.
“Where investigations have been necessary, an investigation report is referred to the Enforcement Committee for a finding and a recommendation of actions to be taken against the Information Officer or head of the private body in respect of Paia or the responsible party in relation to Popia. Where there is non-compliance with the direction given in the Enforcement Notice, the regulator can issue an Infringement Notice, which can carry a penalty of imprisonment or a fine of up to R10 million in the case of Popia offences.”
Governance systems expert and research fellow at the University of the Free State Dr Harlan Cloete said the principle of transparency and accountability was welcomed.
“Government expects things from the public but they may be guilty of not having their stuff in place, it must be implemented. If they are found wanting, they must do everything in their power to comply and be a good corporate citizen, they set the example.”
On the IEC, he said the swift action taken by the entity restored its integrity.
“Political parties are watching the IEC with a hawk’s eye, so checks and balances are welcomed because if they lose in a highly contested election some might seek to blame. There might be more loopholes found but as long as there is swift action, to quickly restore confidence,” he said.
Cape Times