FOUR key state institutions have been asked to conduct wide ranging investigations into various challenges that plagued the May 29 national and provincial elections.
Public Protector Kholeka Gcaleka has been requested by the Hola Bon Renaissance (HBR) Foundation to probe allegations of vote rigging and manipulation of election results.
Gcaleka has also been asked to investigate the conduct of Electoral Commission of SA (IEC) and its management during the elections and conduct lifestyle audits of all its commissioners and management.
In addition, the HBR Foundation wants a probe on whether the elections were transparent, free and fair and whether they represented the will of the people, including if the IEC adequately addressed the complaints raised during and after elections.
The non-profit organisation wants the Public Protector to look into whether the national election systems were vulnerable to manipulations and/or failed to uphold democratic values as well as whether contracts and/or terms of reference agreed between IEC and various service providers that were responsible for the delivering the elections including but not limited to the information technology companies, logistic, warehousing, security and printing.
In response to the HBR Foundation’s request, Gcaleka’s office informed the entity that the matter has been allocated to the investigations branch and referred to a senior investigator for further assessment to determine whether the law allows the Public Protector to investigate the complaint.
”Your complaint will be assessed to determine whether the Public Protector has a mandate to investigate the allegation(s) as contained in your complaint,” reads correspondence from Gcaleka’s office.
Regulatory body, Independent Communications Authority of SA’s (Icasa’s) chief executive Tshiamo Maluleka-Disemelo, is also reviewing a separate complaint by the HBR Foundation and is expected to advise on the way forward, according to correspondence obtained by the Sunday Independent.
The foundation wants Icasa to audit the overall equipment, systems and processes used for the elections by the IEC as well as allegations of vote rigging and manipulation of the results using technology and/or information systems as well as storage of data and including data centres used if they conform to South African laws and regulations.
Additionally, Icasa must investigate the IEC platform, network and its security systems which are possibly non-compliant with the law and all equipment used from voting system up to national control centre on whether they are in compliant with the authority’s prescripts and whether they were used for their purposed intended.
The IEC results dashboard crashed and was down for about two hours during the counting, and the HBR Foundation has also asked Icasa to probe whether the platform/system functionality was secured and functioned for the only its indented purpose.
From the State Security Agency, the foundation has submitted a Promotion of Access to Information Act request for access to record, which include investigations spooks may have conducted into the May 29 polls and reports of the surveillance on the IEC officials and commissioners at all stages of the electoral process and all parties related to IEC including contractors such as logistics, warehousing and IT.
According to the foundation, it also wants access to possible reports on the communication of the IEC chairperson and/or commissioners with other party regarding elections and rigging and/or manipulating results and the communication of the executive management and/or any other official with other party regarding rigging and/or manipulating results.
Auditor-General Tsakani Maluleke’s office was requested to audit the elections at all stages of the process including companies hired to provide IT services, logistic, warehousing, security and printing and data capturing and auditing stages and the auditing firms appointed to audit the elections.
”I have carefully considered your request in light of the applicable constitutional provisions and those set out in the Public Audit Act. Regrettably, intervening in or auditing our country’s election processes and results does not fall within the scope of the work that my office is expected to deliver,” Maluleke told the HBR Foundation last week.
She said her mandate is to perform investigations and special audits in the public interest or upon receipt of a request or complaint but that her discretion to perform these functions is informed by the constitutional and statutory provisions that govern her office’s work hence it was prudent to consider whether the request for an intervention and/or audit of the 2024 general elections was within the ambit of her mandate and powers.