IFES Practitioner Brief on Alternative Dispute Resolution in Elections Annex I: Case Studies South Africa As a pioneer of ADR in elections, the Election Commission (IEC) in South Africa has used various ADR mechanisms over different election cycles. These have evolved with the socio-political context and have been helpful in preventing and resolving disputes. South Africa’s experience shows the importance of clearly defined ADR structures that are representative of local electoral stakeholders and enjoy their trust and confidence, as well as the importance of good training for those carrying out ADR work. One weakness in the South African experience is the failure to collect data on the ADR work that could be published to increase transparency and public trust. In 1999, the IEC created Conflict Management Committees (CMCs) and mediation panels in political hotspots with the support of the Electoral Institute of South Africa (EISA). 94 Special monitors were selected at the local level and provided with mediation training. The CMCs were headed by the provincial election officer and were made up of political party liaison representatives, local NGOs, security forces, and members of the mediation panels. Due to their success, the following year the IEC expanded these structures to all South African provinces. The CMCs and mediation panels reportedly deterred conflict and violence, and the number of disputes before the IEC decreased over the years (although general progress in institutionalizing democratic practices also contributed to the decrease). 95 The IEC has broad statutory power to attempt mediation to resolve any objection or appeal that the commission or its officers are required to decide on under the code (Electoral Act of 1998 Art 103), extended in 2003 to include complaints about infringements of the Code of Conduct. 96 Over time, the nature of the complaints has shifted from election violence and intimidation to procedural issues. In the 2004 elections, 253 disputes were brought to the IEC. 97 If the outcome of mediation is not satisfactory to any of the parties, they may take their case to the Electoral Court for a review or application for leave to appeal. 98 Over the years, the IEC has modified its conflict management structures. In each province, the IEC now has a panel of conflict management experts who are deployed to intervene in conflicts as they arise. 99 The provincial panels are assisted in their work by community panelists at the local level, so they can deal with local conflicts at the source.100 The panelists are managed by a provincial conflict management coordinator based at the provincial electoral office. 101 94 Orozco-Henríquez, J. (2010). Electoral justice: The International IDEA handbook. International Institute for Democracy and Electoral Assistance. https://www.idea.int/sites/default/files/publications/electoral-justice-handbook.pdf; Jackson, R. (2013). Using conflict management panels to resolve tension in the second post-apartheid election: South Africa, 1999-2000. Innovations for Successful Societies – Princeton University. https://lawsdocbox.com/81640205-Politics/Using-conflict-management-panels-to-resolve-tension-in-thesecond-post-apartheid-election-south-africa.html 95 In the 1994 elections, before the program was implemented, there were 3,558 disputes. Mediation was in place for the 1999 elections, and the number of disputes fell to 1,113. 96 Insertion of Sec. 103A to Electoral Laws Amendment Act, 2003 (No. 34 of 2003) (S. Afr.).; Tip, I. (2011). Do No Harm: Conflict Sensitive Election Design. In A. Iff (Ed.), Ballots or Bullets: Potentials and Limitations of Elections in Conflict Contexts (pp. 42-51). swisspeace. https://www.swisspeace.ch/fileadmin/user_upload/Media/Publications/Conference_Paper_2010.pdf 97 EISA. (n.d.). South Africa: Conflict prevention and management. African Democracy Encyclopaedia Project. https://www.eisa.org/wep/souconflict.html 98 The Electoral Court has final jurisdiction in respect of all electoral disputes and complaints about infringements of the Code, Sec. 96 of the Electoral Act, 1998. The Court’s jurisdiction to review or hear an appeal against an IEC decision is also set out in Sec. 20 of the Electoral Commission Act, 1996. 99 Project to Prevent, Mitigate and Manage Election-Related Conflict and Potential Violence in South Africa (PEV-RSA). (2018). Holding the electoral space: A toolkit on election conflict for the Electoral Commission of South Africa. 100 Ibid. 101 Ibid. 48