Free SA is sounding the alarm on a deeply troubling development buried within the Draft Electoral Laws Amendment Bill: the proposed establishment of a Polling Ombud with sweeping powers to censor political information in the run-up to elections. This proposal represents a direct assault on South Africa’s democratic values of transparency, public participation, and freedom of expression.
If enacted, the Bill would give government-appointed officials the unprecedented ability to control who may conduct political and exit polls, when poll results may be published, and what information may be shared with the public. Those who fail to comply with these authoritarian provisions could face criminal charges, including fines or up to two years’ imprisonment.
“This isn’t about regulating polls for accuracy, it’s about silencing the public and gagging democratic discourse,” said Reuben Coetzer, spokesperson for Free SA. “Voters deserve access to reliable information, not government-sanctioned censorship.”
Key dangers of the Bill:
- Censorship of Independent Polling: Any individual or organisation must first seek approval from the Ombud before publishing poll results, regardless of their independence or credibility.
- Compulsory Registration and Vetting: The Bill mandates that all pollsters submit detailed registration information for vetting – an overreach with no clear public benefit.
- Pre-Election Blackouts: It bans the publication of political opinion polls for seven days before any election, depriving the electorate of critical last-minute insights.
- Criminalisation of Political Speech: Violating the provisions may carry criminal penalties – treating legitimate public discourse as a punishable offense.
- Centralised, Non-Independent Authority: The Polling Ombud will operate under the direct authority of the Electoral Commission and Chief Electoral Officer, calling its independence into question.
Free SA asserts that this proposal is incompatible with constitutional democracy. Section 16 of the Constitution protects the public’s right to receive information and express political opinions. Creating an Ombud to filter or delay access to opinion polling directly undermines these rights, especially during elections, when transparency is most essential.
What Free SA demands:
Free SA is calling for the complete withdrawal of the Polling Ombud provisions from the Bill and for Parliament to enact non-punitive, transparent mechanisms for ensuring the integrity of polling without compromising democratic freedoms.
“South Africa’s democracy does not need gatekeepers to ‘approve’ public opinion. It needs open dialogue, robust debate, and an informed electorate,” Coetzer added. “This Bill is a Trojan horse for censorship, and it must be stopped.”
How the public can respond:
- Submit a Comment: Free SA has launched a public participation campaign making it easy for citizens to send legally recognised objections directly to Parliament here.
- Spread the Word: Share the campaign widely across WhatsApp, social media, and community forums to mobilise national opposition.
- Stay Informed: Know your rights and join the call to defend free and fair elections.
