Letter from the ANC Western Cape Province, Office of the Provincial Secretary, to the Electoral Officer: Western Cape, The Independent Electoral Commission, April 11 2014
Dear Sir
INFRINGEMENT OF SECTION 89(1) OF THE ELECTORAL ACT, NO. 73 OF 1998: DEMOCRATIC ALLIANCE PAMPHLET, WESTERN CAPE (undated): REQUEST FOR INVESTIGATION
1. I am the Provincial Secretary of the African National Congress (ANC) of the Western Cape, and address this letter on behalf of the ANC, Western Cape to your goodself.
2. This complaint refers to an undated pamphlet by the Democratic Alliance (hereby attached as Annexure "A") under the title "The ANC wants to stop you getting a job, or apromotion!. which was distributed during the week of 7-11 April 2014 in the City of Cape Town, Western Cape Province.
3. An Afrikaans version of the pamphlet was also distributed, hereby attached as Annexure "B".
4. The Democratic Alliance (the DA) is a registered Political Party and as such, is bound by the provisions of the Electoral Act 73 of 1998 (the Act), the Electoral Commission Act 51 of 1996, as well as the Electoral Code of Conduct ("the Code") as contained and provided for in section 99 of the Act and Schedule 2 of the Act
5. In the first instance, the allegations made in the pamphlet are factually flawed and incorrect and the Complainant is considering remedial action in this regard.
6. In the second instance, the pamphlet constitutes a clear violation of the Act, the Electoral Commission Act and the Electoral Code of Conduct, in that the pamphlet was clearly published and distributed with false information in order to create hostility or fear in order to influence the conduct of voters or the outcome of the upcoming election (section 89 of the Act and section 9(1) of the Electoral Code of Conduct).
7. The DA-produced pamphlet states that the "new Employment Equity Regulations ... will prevent thousands of coloured people i n the Western Cape from getting jobs ..." This statement and the whole essence of the pamphlets are clearly geared to divide communities on racial lines, and cause serious discontent amongst voters and possible voters.
8. The ANC, Western Cape holds the view that the DA purposefully produced these pamphlets to disseminate false information to voters and/or possible voters regarding the draft Employment Equity regulations process. The DA, as a party in national parliament, are aware that this document is a working document and that the National Economic Development and Labour Council (NEDLAC) are in the process of consolidating inputs received from the various sectors of the community into this draft for deliberation in parliament. It is clear that these pamphlets were distributed with the aim to instil fear in the voters in that a vote for the ANC will equate to voters being marginalised and possibly losing their jobs.
9. The ANC, Western Cape further holds the view that this pamphleteering campaign of the DA (which contents are unconstitutional) is tantamount to the tactics of the old Apartheid government in aiming to instil "swart gevaar" into the voters in order to secure votes for the DA.
10. While section 16 (1) of the Bill of Rights guarantees the right of freedom of expression, it does not extend to the advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.
10.1. The content of the pamphlet clearly violates human rights, more particularly in that:
10.1.1.The intent is aimed to stir up racial divisions of the apartheid past;
10.1.2. The language is hurtful and infringes human dignity;
10.1.3. It promotes and propagates hatred between the black majority and minority groups;
10.1.4. It instills hatred based on race and ethnicity;
10.1.5. It promotes discontent and suspicion between the various communities residing within the Western Cape Province; and
10.1.6. It undermines the non-racialism basis of the Bill of Rights.
11. Furthermore, the pamphlet contravenes the spirit of the founding provisions of the Constitution whereby the values of human dignity, the achievement of equality and the advancement of human rights (including the right to free and fair elections) and freedoms are clearly undermined.
12. It is the submission of the Complainant that there has been a serious violation of human rights as well as a violation of the Electoral Act, the Electoral Commission Act 51 of 1996, as well as the Electoral Code of Conduct ("the Code") as indicated above.
13. We are of the view that the matter should be investigated as matter of priority, and that the IEC instruct the DA to immediately withdraw these pamphlets and hold the DA liable for the contravention of the Electoral Act.
We look forward to your urgent response in this matter.
Yours faithfully
Signed
Songezo Mjongile
Provincial Secretary
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