Strengthening the EC

We are supportive of the CEC's line of thinking to have the power to disqualify candidates guilty of violation of electoral laws, rules, and code of conduct. In the present dispensation, only fines can be imposed by an Electoral Inquiry Committee on any candidate violating rules during electioneering, which is insufficient disincentive. If the EC does not have the power to cancel candidatures as punishment for violations, then it becomes nothing more than a paper tiger.

Insofar as the power to punish any person for contempt or electoral law violation goes, the EC, we believe, needs to elaborate on this demand in order to generate a clear understanding as to who the contempt proceedings might be moved against and under what circumstances. In fact, we would suggest an informed public debate on the issue with legal and constitutional experts participating in it.

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It is vital that the EC be given all the power that it needs in order to hold credible elections. The EC should be beholden to no ministry and subordinate to no one. From the day that elections are called until the votes are counted and results declared, in the matter of administering the elections, the EC must remain all powerful, and brook no challenge from any quarter whatsoever.

To this end it is crucial that the EC have full control over its own finances and staff. There should be a budgetary allocation made for the EC, which amount should then be transferred directly to the EC so that it can operate with full autonomy. Similarly, the EC also requires a permanent secretariat, which reports only to the CEC, and the power to hire and fire its own staff. These reforms would make the EC financially and administratively autonomous, which is the sine qua non for its independence and its effectiveness. The EC cannot be expected to function independently if its finances are under external control and it has virtually no permanent staff. Indeed, much needed work on the electoral roll and other administrative functions are left undone due to inadequate manpower at the EC.

It is crucial that the EC be strong, autonomous, and fully independent, and we are in favour of whatever reforms are needed to bring this about.