By: Sello Theletsane
The Constitutional Court has ruled in favour of the Electoral Commission of SA (IEC) re-opening the candidate nomination process.
The Democratic Alliance had approached the Apex Court, indicating that the re-opening of the candidate nomination process would benefit the African National Congress, which had missed the deadline to register candidates in at 90 municipalities.
The Court, however, ruled that it would not be the case.
“In relation to the assertion that the ANC would unduly benefit from the re-opening of candidates, the Court held that it was not possible on the papers and in conformity with the Plascon-Evans rule to reject the Commission’s denial of those imputations. The DA’s application for direct access was granted but the application was dismissed with no order as to costs,” the Court said.
The DA had argued that the Court’s earlier ruling compelling the IEC to hold Local Government Elections by no later than November 1 did not give the Commission the power to re-open the process.
The party said the order only entitled the Commission to amend the election timetable to the extent that it may be “reasonably necessary”, and this was limited to the addition of new voters to the roll and did not include any adjustment in respect of party lists and nominations.
The Commission argued that the re-opening of the candidate nomination process was a necessary corollary to holding a voter registration weekend. It also argued that it was empowered in terms of section 11(2) of the Municipal Electoral Act 27 of 2000 to amend the election timetable.
Section 11(2) provides that the Commission may, by notice as required in subsection (1)(b), amend the election timetable if (a) it considers it necessary for a free and fair election; or (b) the voting day is postponed.
The DA said it accepted the Court outcome but still held the view that the move would only benefit the ANC. DA Federal Council Chairperson Helen Zille said the IEC has previously disqualified parties that did not meet deadlines.
Given their explicit statement before the Constitutional Court that it would not be possible to re-open voter or candidate registration if the elections were not postponed to 2022, the DA noted the 180-degree turn made by the IEC.
“Nevertheless, the DA accepts that, as the previous proclamation by Minister Dlamini-Zuma of August 3, was declared null and void, the election must be re-proclaimed, creating a gap for the IEC to re-issue a timetable. The DA will continue to monitor the freeness and fairness of the election accordingly and will not hesitate to use the opportunity opened by the Constitutional Court to challenge the IEC if any further examples of bending the rules to favour the ANC emerge during this election,” Zille said.
Inkatha Freedom Party (IFP) spokesperson Mkhuleko Hlengwa said the party disagrees with the Constitutional Court’s view that extending the candidate cut-off date is consistent with the legislative scheme and would enhance the freeness and fairness of elections.
“We had hoped that the Constitutional Court would interrogate the bona fides of the Commission’s view further, but possibly time constraints prevented a more thorough interrogation. We note that the Constitutional Court has underscored that there is no final decision made regarding ‘whether the Commission’s decision is impeachable on the ground of ulterior motive’. The IFP feels this judgment is regrettable but will abide by the Court’s decision,” he said.
The ANC welcomed the decision, saying the judgment vindicated its position that the right of citizens to vote is linked to their right to stand for public office.
Spokesperson Pule Mabe said the organisation would register its candidates by the set deadline.
“The ANC is ready to register all its candidates by the deadline of Tuesday, 21 September 2021. Our candidates have been selected through a rigorous, democratic and participatory process involving communities choosing who should represent them in local government, the sphere of government closest to the people. We call upon all citizens to give these ANC candidates an overwhelming mandate to continue working with them to build a better life for all,” Mabe said.
