ActionSA wants to introduce a bill in parliament to regulate opinion polls that measure the support of political parties.
A notice was published in the Government Gazette on Friday in which Lerato Ngobeni, one of ActionSA’s six MPs, expresses her intention to introduce a private member’s bill in parliament with which she hopes to regulate polls.
In her summary of the bill, Ngobeni says that South Africa “does not have any specific legal provisions regarding the conduct, publication and distribution of political opinion polls during or before election times”.
To address this “vacuum”, she wants to introduce the Electoral Laws Amendment Bill, which she hopes will “regulate the conduct, publication and distribution of political opinion polls during or before election times in line with international best practices”.
The bill will, among other things, seek to:
• Create a position for an ombudsman for polls by creating a new oversight body within the Electoral Commission (EC) to regulate political opinion polls;
• Regulate political opinion polls by requiring polling entities to register with the ombudsman, as well as to determine the time frames within which poll results may or may not be published;
• Create certain functions for this ombudsman that will include registering companies that conduct polls, ensuring that these companies are forced to comply with new regulations, and that this ombudsman will issue fines to companies that do not comply with the regulations and will ensure that the activities surrounding political polls are transparent; and
• Prohibit the official publication of a political opinion poll conducted in connection with an election seven days before that election.
ActionSA's dissatisfaction with polls comes after Rapport reported on 10 March 2024 about a confidential poll that indicated for the first time that former President Jacob Zuma's MK party enjoyed the most support in KwaZulu-Natal. ActionSA was not mentioned at all in the poll.
The party lodged a complaint with the press ombudsman with which the party wanted to force Rapport to disclose the source of the poll, and further claimed that the poll was planted by Rapport by a political party to influence people's opinion.
The deputy press ombudsman found that Rapport should have disclosed more information about the origin of the poll.
Rapport's report at the time.
The poll at the time was conducted by an independent organisation, commissioned by another organisation that had an interest in the outcome of the election. The deputy press ombudsman's full statement can be read here.
The MK party was then finally the largest party in KwaZulu-Natal after last year's general election with a huge 45.4% of the support.
ActionSA has in the past sold itself with internal political polls in which the party only partially explained its own methodology.
In the run-up to the 2021 municipal elections on 1 November, the party boasted of an internal poll conducted between 19 August and 20 September among registered voters in Johannesburg. According to this poll, ActionSA enjoyed 31.7% of the support, the ANC 30.5% and the DA 24%.
ActionSA ultimately attracted 16% of the support, the ANC 33.6% and the DA 26.1%.
Five days before the 2021 elections, the party also released a poll on Tshwane in which it attracted 25.1% of the support, the ANC 28.5% and the DA 27.8%.
ActionSA ultimately received 8.6% of the support, the ANC 34.6% and the DA 32%.
In her summary of the bill, Ngobeni says “the integrity of electoral democracy relies heavily on citizens’ fair, transparent and informed participation”.
“Political opinion polls play an important role in shaping public perceptions, directing media coverage, influencing campaign strategies and ultimately shaping voting patterns.
“However, in the absence of clear and formal regulations to avoid the concealment of any methodological errors or sponsorships, the publication of political opinion polls can lead to the dissemination of unverifiable or manipulated opinion poll data becoming tools for disinformation, manipulation and election interference without... adequate investigation.”
Comments on the bill can be sent to the Speaker’s office.