Rapists Should Be Disqualified From Standing For Public Office

Rapists Should Be Disqualified From Standing For Public Office

Started
May 10, 2022
Petition to
Independent Electoral Commission (IEC) and
Signatures: 23,852Next Goal: 25,000
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Why this petition matters

In 2021, a convicted child rapist was elected the Mayor of the Kannaland Municipality in the Western Cape. Jeffrey Donson had raped a 15 year old girl in 2004 when he was last the Mayor of the same municipality. Werner Meshoa, a convicted fraudster, was simultaneously elected as Donson’s Deputy.

These elections point to the visible deterioration of the calibre of officials in our government. Is it any wonder that our country is rife with corruption and gender-based violence when the highest offices in a single municipality are occupied by a child rapist and a fraudster? Sadly the law allows for this.

Donson and Meshoa were removed from office in January 2022 - but only due to a vote of no confidence taken against them, which was later successfully challenged by Donson and Meshoa in Court. In March 2022, the Court ordered the reinstatement of Donson and Meshoas as Mayor and Deputy Mayor based on a procedural technicality.

We note, with deep concern, the number of public officials who have been, or are currently accused or convicted of serious crimes such as corruption or sexual assault.

We cannot continue in this way. We cannot allow the law to permit persons of questionable integrity - abusers - to be our public representatives. For that reason we call on the Independent Electoral Commission (IEC) to step in and disqualify such people from holding public office if we are ever to right the ship as a country. We are petitioning the IEC to introduce eligibility criteria for the holding of a public office. Public perception and confidence in the South African government is at an all-time low and the criteria is meant to restore public confidence in its political leaders by giving the IEC (an independent constitutional body), and the public, the power to object to the nomination of candidates from party lists submitted to the IEC, if it is found that they are being investigated for, have an existing charge of, or have been convicted of gender-based-violence-and-femicide-related crimes, as well as corruption-related crimes (such as fraud, money laundering or theft).

For that reason we ask that the IEC introduce the following amendment to the Electoral Act no 73 of 1998 (the Act):

  • Section 30(1)(a) of the Act must expand on the disqualification of a candidate to stand in an election.  Section 30(1)(a) should be amended to include the following addition: “The candidate is not qualified to stand in the election, which includes a disqualification of the candidate for a conviction of, charge for or investigation into any gender-based violence and femicide related crimes, as well as corruption related crimes. The exceptions contained in sections 47(1)(e), 106(1)(e) and 158(1)(c) of the Constitution will not apply to this section;”
  • Section 1 (the definitions section) of the Act should include definitions for “gender-based violence and femicide related crimes” and “corruption related crimes”. The definitions should be determined in consultation with civil society, the National Prosecuting Authority and the South African Police Services to ensure that they encapsulate all possible crimes that may fall under those two definitions.

The law is not stagnant and should always be reflective of the boni mores of the society. The South African public needs its confidence restored in its public officials, which calls for an amendment such as this.

Sign this petition and join our call for better leaders. Set the bar higher!

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Signatures: 23,852Next Goal: 25,000
Support now