This is a repeat of the 2005 experience - the President using his powers to make hasty changes to the electoral laws to facilitate rigging. It an absolute disgrace.
Eddie Cross

 

BILL WATCH SPECIAL
[18th March 2008]

Two Election-related statutory instruments were gazetted in a Gazette Extraordinary of 17th March. [Electronic versions available]

SI 43/2008 - Presidential Powers (Temporary Measures) (Amendment of Electoral Act) (No. 2) Regulations, 2008 These regulations amend sections 55, 59 and 60 of the Electoral Act. Their effect is to reverse changes made to those sections by the Electoral Laws Amendment Act [which became law as recently as 11th January 2008] in accordance with the agreement reached between the ruling party and the MDC in the talks mediated by South African President Mbeki and then enthusiastically endorsed by Parliament. Yesterday's amendments affect the following matters:- Police presence in polling stations during polling "Police officers on duty" are now restored to the list of persons who may be present in a polling station in terms of section 55 of the Act [they had been removed from the list by the recent Electoral Laws Amendment Act].
Assistance to illiterate and physically incapacitated voters Sections 59 and 60 of the Act as now amended by the new SI will require the presence of a police officer when a presiding officer assists an illiterate or physically incapacitated voter to vote [which the presiding officer does by marking the ballot paper in accordance with the voter's wishes or directions]. This was the position before the Electoral Laws Amendment Act.
That Act struck out all references to police officers from these two provisions. The position now brought about by the new SI is that an illiterate or physically incapacitated voter will be assisted "by the presiding officer, in the presence of two other electoral officers or employees of the Commission and a police officer on duty".

SI 42/2008 - 29th March to be public holiday This statutory instrument, made under the Public Holidays and Prohibition of Business Act, declares 29th March [polling day] a public holiday for the purposes of the Act. An explanatory note states that the SI's purpose is to enable every employee to vote on polling day. [This statutory instrument was unnecessary, because section 38(2) of the Electoral Act already states polling day will be deemed to be a public holiday.]

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