AfriForum Youth takes stand against Stellenbosch University over new allegations in continued SRC election controversy

3 September 2024

New developments in the ongoing controversy surrounding the Student Representative Council (SRC) elections at Stellenbosch University (SU) have forced AfriForum Youth to issue a second legal notice to the university’s Electoral Commission (EC). This derives from previous attempts by the EC to disqualify several pro-Afrikaans candidates from the election by means of a complaint lodged with the Student Court. The complaint was dismissed, but the EC has pursued further investigations and has now escalated its attacks with two additional allegations against one of the candidates, jeopardising her chances of a seat on the SRC.

The new allegations involve claims that a specific candidate benefitted from an Instagram post that AfriForum Youth made on 9 August and which allegedly gave the candidate an unfair advantage in the SRC election. However, AfriForum Youth maintains that the post was in no way related to any candidate’s election campaign, was made in celebration of National Woman’s Day and made no mention of any specific candidate or endorsement of a SRC candidates’ candidacy.

Wian Spies, attorney at Hurter Spies Incorporated and member of AfriForum Youth’s legal team, reiterated that even if such endorsement had occurred, no rules were violated as no regulation prohibits the support of SRC elections or candidates by registered SU student societies.

AfriForum Youth vehemently denies any misuse of funds or involvement in financial irregularities. The recent AfriForum Youth Women’s Day event, which involved the distribution of flowers in celebration of Women’s Month, fully complied with university regulations. As a registered society on campus and a member of AfriForum Youth, it is within the candidates’ constitutional rights to participate in the event. The candidate’s participation does not constitute a breach of campaigning finance rules or any other rule.

In its legal letter, AfriForum Youth has called the EC to provide concrete evidence of the violation of any election rules – particularly with regard to allegations of third-party support. “Candidates cannot be penalised for their participation in normal student activities or membership of a student society,” explains Spies. “The Commission must show proof that this or any other candidate gained an unfair advantage in this election.”

AfriForum Youth is concerned about the EC’s failure to adhere to the procedural timelines as more than 96 hours have already passed since the initial complaint against the candidates was lodged. According to the SU’s Student Constitution, the EC is required to resolve such complaints within 24 hours. Despite this clear deadline, the Commission has yet to issue a conclusive decision. The organisation is now pushing for transparency and access to the alleged evidence to ensure that the process remains fair and credible.

Meanwhile, the announcement of the SRC election results, which was initially scheduled for 28 August, has been postponed several times. The announcement of the results is now scheduled to be made this Thursday (5 September). The delays are suspiciously linked to the ongoing investigation against the candidates, which raises further concerns about the impartiality of the process.

Yvonne Gerber, Youth Development Officer at AfriForum Youth, said: “This issue affects all candidates and undermines the entire election process. We insist on fairness and transparency to ensure that no candidate is unfairly targeted. Every student at SU deserves a fair and transparent election process.”

Gerber maintains that AfriForum Youth will continue to defend the rights of all students to participate in a fair election. “We will not back down until we are satisfied that the process is just and every candidate is given an equal opportunity. This election must reflect the democratic values that SU claims to uphold,” she adds.

AfriForum Youth has also made it clear that they are prepared to take further legal action if the EC continues to act outside the framework of the established rules and regulations. The organisation is committed to ensuring that the rights of candidates – and all students – are protected.

Issued by Yvonne Gerber, Youth Officer: Development, AfriForum Youth, 3 September 2024