WALLIS AJ
ability of the political parties and candidates, both aligned and non-aligned, to
compete with one another on relatively equal terms, so far as that can be achieved by
the IEC. As to the former, from the perspective of a political party or an individual
candidate seeking election in a municipal ward, it demands the freedom to canvass; to
advertise; and to engage in the activities normal for a person seeking election.
Phenomena like “no go” areas; the denial of facilities for the conduct of meetings;
disruption of meetings; the destruction of advertising material or the intimidation of
candidates, workers or supporters, could all prevent an election from being
categorised as free and fair.68 Fortunately these ugly electoral phenomena were not
part of what occurred in Tlokwe on this occasion.
[87]
As to the latter, organisationally and financially the larger political parties will
have advantages that their smaller cousins and individual candidates will lack. But the
latter may have advantages in greater local knowledge and understanding of the area,
and be able to make a fuller commitment to the interests of the voters in a ward than
someone who must hew to a party line. These are not issues with which the IEC need
concern itself. Its concern in modern parlance is to try to ensure a “level playing
field”,69 in which all the participants can compete without any undue hindrance or
68
See Sawer Elections Full, Free and Fair (The Federation Press, Sydney 2001) at 1 and 4. She writes:
“While the right to vote is frequently commemorated, the freedom to vote without
intimidation or corruption and the abolition of open nomination and open voting is less often
celebrated. Yet the elimination of violence and drunkenness prepared the way not only for
fair elections but also the participation of what was called the ‘fair sex’”.
She continues on the subject of “Elections before the Ballot” as follows:
“It is not only the right to vote, but the freedom to vote without intimidation or corruption, that
is such a significant, though often forgotten, part of our political history. The violence,
drunkenness and bribery associated with elections before the introduction of the ballot are
vividly portrayed by the English painter William Hogarth in his series entitled ‘An Election’
. . . and depicts in grotesque detail the abuses involved in all stages of the election, from
‘treating’ and canvassing through to polling and the declaration of the poll.”
69
The origin in its modern usage of providing for fair competition appears to be a statement by John Bolger, a
lobbyist for the Pennsylvania Bankers’ Association, in which he said: “Our philosophy is that we have no
problem competing with the mutual savings bank if they start from the level playing field”. It was carried in
various newspapers, for example, Lebanon Daily News (5 January 1977) at 3. Many playing fields, for
example, the famous Lords Cricket Ground are not level and have an identifiable slope that affects the game.
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