Durban - Political parties and people who flout the electoral laws in KwaZulu-Natal are in for a shock.
The Independent Electoral Commission (IEC) on Sunday issued a stern warning that those found on the wrong side of the law would be taken to court.
Speaking at a media workshop at Zinkwazi Beach on the North Coast, provincial electoral commissioner, Mawethu Mosery, said the Electoral Court could be approached by the public, political parties and IEC when there were breaches of the electoral law.
“In the past, this had rarely happened, and even the IEC had not referred cases to the court when breaches threatened free elections,” he said. “But we have reached a point where we don’t care what you think of us,” Mosery told the media.
Electoral operations manager, Ntomb’futhi Masinga, said the Electoral Court would be approached if the IEC felt the conduct of parties and people “infringes on freeness of elections”.
Masinga said the IEC had in the past been reluctant to take up issues with the court when it received reports of parties’ conduct infringing on free elections.
“We see people take advantage and there has been no prosecution on violations,” Masinga said.
The Municipal Electoral Act prohibits anyone compelling others to support (or not) any party or candidate. It also prohibits defacing or unlawfully removing any election billboard, placard or poster and does not allow anyone to interfere with a voter’s right to secrecy when casting a vote.
The law also prohibits any political activity, other than casting a vote, on voting day.
Those found guilty can be fined up to R200 000 or imprisoned for a period of up to five or 10 years, in line with the classification of the stipulated offences.
The tough talk by the electoral officers is underlined by the strong action taken against IEC officials found to be in the wrong during the municipal elections in KwaZulu-Natal in 2011.
Mosery said an official had been sentenced to five years after being found guilty of electoral fraud after stashing marked ballot papers in a ballot box in Ulundi.
Another official had also been sent to prison for electoral fraud related to special votes in Mfolozi.
“KZN is the only province that has had officials convicted on electoral fraud,” he said.
The IEC has, on occasion, disciplined its own officials who were found to have acted wrongfully in their duties.
Daily News
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