ActionSA has asked the Electoral Court to dismiss the DA's applications against it, the EFF, the MKP, and the Good party over their lists of municipal candidates. The DA took the four parties to court, accusing them of misleading voters by not disclosing their full lists of proportional representation (PR) candidates. The parties listed only one PR candidate in some municipalities.
The DA argues that the four parties are attempting to abuse the law, which allows parties to supplement their PR candidates immediately after elections based on their results. ActionSA national chair Michael Beaumont said their decision not to submit their full PR lists was not made in bad faith. The party relied on established practice, including multiple local government elections where supplementation has been permitted.
Beaumont denied suggestions that ActionSA had already drawn up and concealed a PR list. He explained that the party's written policy, absence of a settled provisional PR list, and voter-generated ward-performance criterion provided an explanation for their approach. ActionSA does not dispute that the decision to submit one-name lists was deliberate, but says it was not fraudulent.
The EFF's secretary-general, Marshall Dlamini, also asked the Electoral Court to dismiss the DA's court application against them. He stated that there is no minimum number of candidates that must appear on a party's list, nor are there any prescribed considerations for a party's formulation of its list. Dlamini accused the DA of seeking to impose requirements and standards not in the legislation.
Dlamini denied that the DA is entitled to the relief sought and also denied that the court may declare an act of parliament unconstitutional. The matter is due for oral argument in the Electoral Court, amid a fierce electoral contest marked by unprecedented court battles. The court's decision will have significant implications for the parties involved.
The dispute centers on the interpretation of electoral law and the requirements for parties to disclose their PR candidates. The DA's bid to force the parties to disclose their full lists has been met with resistance from ActionSA and the EFF, who argue that their actions are in line with established practice and the law.
The Electoral Court's decision will determine whether the parties' actions constitute an abuse of the law or a legitimate interpretation of the regulatory framework. The court's ruling will have far-reaching consequences for the parties involved and may set a precedent for future electoral contests.
Key points
- ActionSA and EFF oppose DA's court bid to force disclosure of full municipal candidate lists
- DA accuses parties of misleading voters by not disclosing full PR candidate lists
- Court's decision will determine whether parties' actions constitute an abuse of the law or legitimate interpretation of electoral framework
