South Africa: Moseneke Enquiry

On 20 May 2021, The Independent Electoral Commission (IEC) tasked former Deputy Chief Justice Dikgang Moseneke to lead a process to evaluate the impact of Covid-19 on conditions conducive for the holding of free and fair elections scheduled for 27 October 2021. The Inquiry is in line with Section 14(4) of the Electoral Commission Act (51 of 1996) which 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. Thus the enquiry undertook to undertake an urgent appraisal of all the relevant legal, socio-political, health, practical and other considerations and submit a report to the Commission in the month of July.

2021


Moseneke Report Written and Oral Submissions in South Africa

May - Jun 2021

A joint contribution from GIPPS and EPP staff, coordinated by the GIPPS Head of Department responded to a written invitation from the South Africa Deputy Chief Justice Dikgang Moseneke who lead the enquiry, to provide his team with a written and oral submission on whether or not the South African Local Government Elections could take place as planned for 27 October 2021 due to the COVID19 pandemic. EISA's submission was submitted and presented on the IEC website, and EISA GIPPS staff Grant Masterson and Sandile Khuboni made oral submissions to the Moseneke enquiry during the oral hearings.

The final Moseneke report was completed and cited directly from EISA's submission on key findings, most notably that "while delaying elections is strongly discouraged, should this be necessary, then the duration of the delay to the elections should be limited to as short a timespan as possible, and should only be delayed once."

During a joint radio interview with Grant Masterson on July 31 on Channel Africa, IEC Deputy CEO Mashego Shiburi verbally acknowledge the contribution EISA made to the final report, noting that several key elements of EISA's submission were included in Moseneke's final report and that these had been extremely helpful to the IEC in articulating the issue at hand.
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