The Independent Electoral Commission (IEC) announced on Thursday the appointment of former Deputy Chief Justice Dikgang Moseneke to lead a process to evaluate whether conditions in the wake of the coronavirus (Covid-19) pandemic were conducive for the holding of free and fair local government elections later this year.

Announcing the appointment, IEC chairperson Glen Mashinini expressed that the commission was grateful that Mosekene agreed to lead the process under extremely tight timelines.

President Cyril Ramaphosa announced that the local government elections would take place on October 27.

Moseneke’s evaluation will take place as the IEC continues with preparations for an October election.

The Electoral Commission Act provides for the commission, should it deem necessary, to publish a report on the likelihood or otherwise that it will be able to ensure that any pending elections will be free and fair.

The decision for an evaluation comes after the IEC engaged with leaders of political parties represented in the National Political Party Liaison Committee over recent weeks.

During these consultations, it emerged that some political parties were concerned with the trajectory of the pandemic and the holding of elections under those conditions.

Mashinini said preparations to host the elections were at an advanced stage and the Commission was satisfied that it would be possible to conduct successful elections within the current circumstances.

“The Commission is not oblivious to the uncertainties and unpredictability of the pandemic and the risks associated with hosting events which bring together large numbers of people. We also understand that these circumstances will require political parties and candidates to adjust their traditional campaign strategies. Under such abnormal conditions, the minimum requirements for what constitute free and fair conditions may be different from the standards we apply during ordinary times,” he said.

He gave assurance that the commission would provide all the necessary support to Moseneke to carry out his work and said the IEC was aware of the weight of its responsibility to find a balance between protecting Constitutional democracy and protecting lives.

The IEC appealed to all political parties to assist Moseneke in meeting the deliverables within the available timelines.

Accepting his appointment, Mosekene said the Constitution provided clear guidance on a number of elements relating to South Africa’s electoral democracy.

He said as the country prepares for the fifth local government elections, South Africa’s democracy and all democracies around the world, face an unprecedented threat from the Covid-19 pandemic.

“Electoral democracy has not been spared. Almost 80 countries have postponed elections over the past 18 months due to concerns over the pandemic while a further 118 countries opted to proceed with elections. The responses of democracies around the world show that there is no right or wrong approach,” he said.

While the Constitution is silent on how exactly such unforeseen circumstances should be dealt with, he said it does provide overall guidance that all elections must be free and fair.      

“The key considerations cannot only be whether the elections meet timing prescripts, but also whether they meet the prescripts of freeness and fairness,” he said.