Tough Road Ahead for IEC to Regain Public Trust

Prof. Bheki Mngomezulu

As the country prepares for the 2026 Local Government Election (LGE), all eyes are on the Independent Electoral Commission (IEC) to see how it will conduct its business and protect its integrity. 

On October 17, 1996, the Electoral Commission Act came into effect, thus replacing the interim IEC, which was created in 1993 to conduct the first democratic election on April 27, 1994. Since then, the IEC has executed its constitutional mandate of delivering elections and conducting by-elections where necessary. It has also assisted with voter education and stakeholder engagement, among other things.

But while the IEC has such vast experience, endogenous (internal) and exogenous (external) factors have put this organization in the spotlight. Among the external factors, we can count recent elections in Tanzania, where opposition leaders were either arrested or barred from participating, while others disappeared without a trace.

Similar concerns in countries like the Democratic Republic of Congo (DRC), Kenya, Lesotho, Mozambique, and Zimbabwe have put South Africa’s IEC in the spotlight to see if it can bring hope to a hopeless situation. On many occasions, the IEC has passed this test.

However, some have raised concerns about the IEC's work, citing various reasons to support their assertions that the IEC is not perfect. The 2024 general election was the saturation point of the various accusations people have levelled against the IEC. The main concern was that the official results that were announced on June 2, 2024, did not reflect the reality on the ground. This claim was premised on various reasons.

Firstly, there was an unprecedented system collapse during the counting of votes. This led some to argue that this was a deliberate act meant to rig the election. They asserted that this was done deliberately to protect the image of the ANC, whose support has been declining in each election. They questioned even the 40.18% of the votes accredited to the ANC, claiming that the ANC obtained less than this figure.

In KZN, this claim was given impetus by the fact that when the system returned, the uMkhonto Wesizwe Party (MKP), which was already leading the pack, did not move until the counting process ended.

Meanwhile, other parties were showing some movements – either going up or going down. The IEC explained that it was the leaderboard that had some glitches, not the entire system. People did not believe that. 

Secondly, 26 political parties registered their concerns about the counting of votes. Legally, any party (and now any independent candidate) that is disgruntled can file a Section 55 objection. 

This section relates to “any aspect of the voting provided for in Part I of Chapter 4 of the Electoral Act.” It also covers “any aspect of counting provided for in Parts 2 and 3 of Chapter 4 of the Electoral Act.”

Addressing the question “who can object,” the document states clearly that “any interested party, including members of the public, independent candidates and political parties, may lodge an objection which is material to the result of an election, with the Commission.” This section must be lodged timeously by no later than 21h00 on the second day after voting has taken place.

Led by MKP, the other 25 parties raised concerns about the counting of votes. They did not get what they wanted. Instead, the IEC explained that it upheld the law by allowing them to make the Section 55 objection, investigated the matter(s), and arrived at the conclusion that there was nothing ‘material to the results’ of the election that warranted delaying the announcement of the results on June 2, 2024.

But while the IEC explained its position, these concerns continue to reverberate to this day. It is the task of the Commission to do everything in its power to regain the trust of the public as it prepares for the 2026 LGE. Any trust deficit between the IEC and the voters could see the country descending into chaos – something that would be regrettable given that South Africa has had sustained democracy for 31 years.

One complex issue is the assumed political interference in the IEC’s operation. This allegation is given substance by the fact that in countries like Zimbabwe, political interference in the work of the Zimbabwe Electoral Commission (ZEC) has been a standing item for years. ZEC staff are said to be ZANU-PF members or sympathizers.

It is a known fact that the ANC and ZANU-PF have close ties. This makes it plausible to assume that what is happening in Zimbabwe could happen in South Africa. The counterargument is that South African laws ensure that there are checks and balances. However, the revelations we have heard from the Madlanga Commission and the parliamentary Ad Hoc Committee cast doubt on whether the laws are implemented.

It is for these reasons that the Commission, led by the newly confirmed Chairperson, Mosotho Moepya, has its work cut out. Rather than assuming that its history will be sufficient to endear it to the electorate, the IEC must double its efforts. It should be visible to the communities through voter education and stakeholder engagements, where it can explain its internal processes and afford people the opportunity to ask pertinent questions.

Budget remains a challenge. However, if the IEC shows its determination to win public trust and integrity, the electorate will appreciate that and give it the benefit of the doubt. Drawing from continental and global experiences and drawing from the experiences of the 2024 general election, the IEC can either consolidate its position or reposition itself accordingly.

But the IEC cannot achieve this goal of re-imagining itself without the support of everyone. Politicians must not meddle in the IEC’s affairs. Various stakeholders must attend IEC events, such as voter education and information sharing. Political parties and independent candidates must capacitate their agents. Election observers must act objectively when deployed to monitor elections. Unless these things happen, the IEC will fail to redeem itself.    

* Prof. Bheki Mngomezulu is Director of the Centre for the Advancement of Non-Racialism and Democracy at Nelson Mandela University.

** The views expressed do not necessarily reflect the views of IOL, Independent Media or The African.