One candidate, multiple wards: The legal loophole parties use to win seats - News24
In Ward 39 in the City of Johannesburg, there are 54 candidates on the ballot for the 4 November local elections. Eight of the 54 candidates are contesting in more than 100 wards across Johannesburg.
The IEC acknowledged this loophole. The system is designed so that every ward vote counts towards a party’s share of council seats, even if a candidate loses. Parties then use this to put a name on every ward ballot, even if that person lives elsewhere – because every ward vote still counts towards the party’s proportional representation (PR) total.
Doris Nolwazi Tsotetsi, aged 44, for Civic Movement for Progressive Citizens, is contesting in 135 wards, which amounts to all the wards in Joburg; Garth Stuart Jack, 61, for United Independent Movement is contesting in 134 wards; Shadrack Thabang Moloi, 57, for Umphakathi Warona is contesting in 115 wards; Erick Sibusiso Ntuli, 52, for Independent Citizens Movement is contesting in 124 wards; Midlaas Maesela Dikobo, 47, for Service Delivery Party is contesting in 128 wards; Refilwe Masemola, 32, for All Natives of South Africa and Ricardo Maarman, 44, for Azania Peaceful Revolution are both contesting in 130 wards. Lehlohonolo Leballo, 25, for African Economic Freedom is contesting 132 wards.
The IEC confirms that the current legislation permits candidates to contest in multiple wards. The only requirement to stand as a ward councillor is to be a registered voter in the municipality, and not necessarily the ward itself. For instance, if a candidate like Tsotetsi wins more than one ward, she has two days after the results are announced to decide which ward she will represent. The other wards she won but doesn’t choose become vacant, triggering by-elections within 90 days.
This strategy of placing one person in many wards is not about winning wards.
In a metro like Johannesburg, where the DA and ANC contest heavily, small parties know they will not win Ward 39. It is about PR. During local elections, ward votes and PR votes are added together to calculate a quota, which determines how many total seats a party gets.
The PR seats are then total seats minus ward seats won. For example, by placing the same person in 135 wards, even if they lose every ward with just 20 votes each, the party still banks 2 700 votes (20 x 135) towards its total.
In 2021, you needed 6 794 votes for a guaranteed seat in Joburg, but parties got seats on remainders with as little as 2 300 votes. Therefore, for a small party, 2 700 votes can be enough for a seat.
The question for voters in Ward 39 is simple: of the 54 names on their ballot, how many are doing it for their party to get PR votes everywhere?
Because it is impossible for one person to represent multiple wards all at once, who will really represent Ward 39?
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