Dear Editor,
While any schoolchild could calculate that 450,000 votes could easily be counted and verified by 20-30 persons in a week, it boggles the mind that the Secretariat of the Elections Commission would try to defend its ludicrous 156-day timeframe with a press release as reported in the media; one which goes on to criticise members of its own governing body.
Section 16 of the Election Laws Amendment Act 2000 states:
16. (1) All directions or instructions of the Commission, in exercise of the functions conferred on it by article 162 of the Constitution, this Act, the Representation of the People Act or the National Registration Act, shall, be issued orally or in writing through the Chairman of that Commission or any person authorised by him in writing in that behalf.
(2) All communications or instruments from or made by the Commission shall be issued or made under the signature of the Chairman of that Commission or any person authorised by him in writing and all communications to that Commission shall be addressed to the Chairman thereof.
Section 17 of this Law states:
17. (1) There shall be a Permanent Secretariat to the Commission to ensure institutional memory and capacity and the Commission shall be responsible for the efficient functioning of the Secretariat.
The role of the Secretariat is quite clear.
Section 18 states:
18. The Chief Election Officer and the Commissioner of Registration shall notwithstanding anything in any written law be subject to the direction and control of the Commission.
If the press release was indeed made, the Secretariat, or persons therein, have either been authorised by the Chairperson in writing to issue a communication, or they have usurped the authority of the Chairperson and acted unilaterally, unlawfully, outside of its mandate, and insubordinately.
If true, the Chairperson must urgently clarify this, letting the public know whether any such action was authorised by her in writing, as per the Law, or assuring the public that severe disciplinary disciplinary action would be taken against the perpetrators.
Failure to do so would be woeful mismanagement, at best.
Yours faithfully,
(Name and address supplied)