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ELECTORAL LAW NON-COMPLIANCE: A MATTER OF PUBLIC CONCERN


Cyril Ramaphosa voting banner

Nearly six months have passed since South Africa's historic May 29, 2024 general elections, which ushered in our first Government of National Unity (GNU). While this marks a milestone for democracy, certain concerns regarding compliance with electoral laws remain unresolved.

Ongoing Non-Compliance with Electoral Regulations
Our firm is documenting violations of Section 28 of the City of Johannesburg Metropolitan Municipality Outdoor Advertising By-laws (2009), focusing on campaign materials still displayed beyond the legal 14-day removal deadline. Particularly troubling re ANC campaign posters along Club Street in Senderwood, Johannesburg, a blatant contravention of these laws.

Legal Framework
The by-laws stipulate that:
  • All election materials must be removed within 14 days post-election.
  • Non-compliance incurs a removal fee of R500 per poster.
  • Municipal authorities are empowered to issue fines and recover costs from defaulting parties.

Prior to elections, Section 8(1)(J) allows campaign materials to be displayed without formal applications or fees, ensuring free political expression. However, this exemption lapses once the elections conclude, reinstating removal obligations.

Public Interest Concerns
Failure to comply highlights critical issues:
  • Accountability: Ignoring basic obligations undermines faith in governance.
  • Resource Management: Non-compliance shifts costs onto taxpayers.
  • Environmental Impact: Degraded posters become hazards.
  • Administrative Capability: Lax enforcement reflects poorly on municipalities.

Contrast with Other Political Parties
Parties now in the GNU adhered to these regulations, promptly removing materials post-election. Their compliance underscores administrative diligence and respect for legal norms.

Call to Action
We urge the public to:
  • Report violations to municipal offices.
  • Document instances of non-compliance.
  • Engage ward councilors.
  • Amplify concerns on public platforms.

Legal Implications
Violations like this transcend aesthetics, symbolising systemic disregard for the law. The Joburg Metro Police By-law Unit has begun enforcing these rules by fining offenders, as outlined in the by-laws.

Conclusion
The persistence of election materials long after polls close is more than an eyesore—it is a legal issue reflecting on governance standards. We call on authorities and political parties to address these violations urgently to uphold the integrity of our democratic processes.

For further information or to report violations, contact our offices at 010 001 2002.

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