IEC gives thumbs-up to election of Kannaland municipality mayor

DESPITE a provincial upheaval of the re-election of convicted child rapist Jeffrey Donson, his qualification as a candidate for office is not unconstitutional and breaks no legislation according to the Independent Electoral Commision (IEC).

The provincial electoral officer, Michael Hendrickse, said the IEC didn’t have discretion in law and that according to section 47 of the Constitution, Donson was qualified as a candidate.

Chapter 47 states that “anyone who, after this section took effect, is convicted of an offence and sentenced to more than 12 months imprisonment without the option of a fine, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic, but no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired. A disqualification under this paragraph ends five years after the sentence has been completed.”

Hendrickse said that moral and ethical concerns cannot be used by the IEC to counter anything in the Constitution and that it was up to the political parties to assess moral and ethical factors of their candidates.

The South African Congress for ECD (Early Childhood Development) is the latest organisation to denounce Donson’s appointment.

Provincial chairperson Theodora Lutuli said that the congress was disappointed at the re-election of a child rapist, stating that this remained a concern for the sector.

“The rights of children are secured in the Bill of Rights, the Children’s Act, Child Care Act, African charter on the rights and welfare of the child, and of course in the United Nations Convention on the rights of the child. South Africa has taken major strides in ensuring that the rights of our children are protected and upheld by our most severe laws, in order to ensure their safety.

“But today, we see how as a nation have once again let our children down. Children’s rights are also human rights and as SA Congress, an organisation working in the ECD sector and representing the workforce, we are furious to learn how these rights have been violated.”