Briefing on Floor Crossing and International Work 6 November 2007

1. Briefing on Floor Crossing and International Work6 November 2007

2. Briefing on Floor Crossing and International Work • Floor Crossing • 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

12. Councillor Movement per Province

13. Gain / Loss since 2002

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. 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

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!