sense, although the Law on Commune Administration empowers commune councils to
conciliate disputes among citizens.
Alternative electoral dispute resolution mechanisms have been formalized in electoral
regulations to resolve the majority of electoral disputes. Although these are designed
to resolve minor electoral offences, the cultural tradition of extrajudicial mediation
and conciliation makes AEDR mechanisms a powerful dispute resolution tool. More
serious cases therefore tend to be ‘reconciled’ when they should have been referred to
the higher electoral authority. The CEC implements the AEDR mechanisms, although it
does not have the capacity to carry out the quasi-judicial formal hearing procedure that
is required for all appeals and major breaches of the law. These are conducted by the
PEC and the NEC. Parties who are not satisfied with the decision or refuse conciliation
have the opportunity to pursue their complaint at the higher level. Nonetheless, the
system is criticized because a large number of complaints are rejected at the entry
point by low-level electoral officials who arbitrarily judge them to be frivolous, or based
on no evidence or hearsay. Critics are also wary of AEDR mechanisms being imposed on
parties who would prefer adjudication through the more formal quasi-judicial hearing
procedure available at the higher PEC or NEC levels.
In spite of their limitations, AEDR mechanisms contribute to the quick resolution of
most electoral disputes and have an important role in preventing conflicts through
easy access to the electoral authority, providing guidance, answering questions and
resolving issues before they develop into formal complaints.
579. South Africa and Lesotho, for example, have institutionalized a system
of party liaison committees, which serve as vehicles for consultation and
cooperation between the EMB and the registered parties on all electoral matters
with the aim of delivering free, fair and genuine elections. These committees
have been established nationally, provincially and locally, and are permanent.
Each registered political party has the right to appoint two representatives to
each committee. The committees meet frequently and their administration
is entrusted to the EMB, which chairs them at all levels. They have made a
significant contribution to identifying and resolving various electoral disputes
and challenges, and their deliberations are regarded as open and honest. Such
committees are the legally recognized structures for resolving electoral disputes
and challenges. They take a consultative and constructive approach and seek to
reach consensus among the political parties and their candidates. The tribunals
appointed by South Africa’s Electoral Court to resolve various electoral disputes
and challenges generally endorse the conclusions of the committees, which are
also respected and implemented by the organs and agencies involved.
580. Little has been written on the use of conciliation, mediation and arbitration
in the electoral realm. Nonetheless, it would be efficient and effective for
EMBs to enable such mechanisms for use in electoral disputes. It is common,
189
8. Alternative EDR mechanisms
(cont.)
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