The African National Congress (ANC) has appealed to the Constitutional Court against an Electoral Court ruling that upheld the Independent Electoral Commission's (IEC) decision to exclude 181 councillor candidates from the upcoming local government elections. The IEC rejected the nominations due to the ANC's failure to complete the final submission step on the online system before the deadline. The ANC argues that the IEC should treat its lists of candidates the same way a lecturer would treat a draft essay submitted by a student.
The ANC's argument was presented by Advocate Daniel Berger SC, who compared the submission of the candidates' lists to a student submitting a draft essay. Berger argued that once the deadline passed, the lists on the system could no longer be changed and were therefore final. He stated that the "submit as final" button was a feature of the IEC's software and not a requirement of the law. Berger emphasized that the ANC had uploaded the candidates' details and paid the required deposits, showing its intention to participate in the elections.
The IEC's decision to exclude the ANC's candidates was based on the party's failure to click the "submit as final" button on the online system. The affected municipalities include Port St Johns, Ngquza Hill, Walter Sisulu, and Sundays River Valley in the Eastern Cape, Mangaung in the Free State, and uMshwathi in KwaZulu-Natal. In Port St Johns and Ngquza Hill, the ANC has no candidates at all for the November 4 elections. The IEC maintains that the requirement to click the button is necessary to confirm the finality of the submissions.
The Constitutional Court justices questioned Berger on the ANC's argument, with Justice Rammaka Mathopo asking what voters would be told if their chosen candidate was excluded due to a button not being clicked. Berger replied that it could not be a valid reason for exclusion. Justice Andre le Grange noted that the requirement to click the button did not appear in any statute, regulation, gazette notice, or election timetable. Berger agreed, stating that it could not be incorporated into the regulations.
Advocate Terry Motau SC, representing the IEC, argued that the commission had checked its system and found no glitches. Motau stated that the ANC had left its nominations too late and had not asked the courts to excuse its late compliance. He emphasized that the IEC had held training sessions and demonstrations, and that the system sent parties reminders when their lists had not been finalised. Motau read out a message sent to the ANC's representatives before the deadline, reminding them to submit their lists as final.
The justices also raised concerns about the implications of the ANC's argument, with Justice Kate Savage asking what would happen to a party that paid its deposit and loaded a list but then decided not to contest. Motau replied that it would be unfair to allow a party to contest if it had not completed the final submission step. Justice Nonkosi Mhlantla compared the process to an online visa application, suggesting that the button seemed to be more for the convenience of the commission.
The Constitutional Court will consider the ANC's appeal and the IEC's arguments before making a decision. The outcome will determine the fate of the 181 councillor candidates and the upcoming local government elections. The court's decision will have significant implications for the electoral process and the role of the IEC in ensuring the integrity of the elections.
Key points
- The ANC argues that the IEC's requirement to click the "submit as final" button is not a requirement of the law.
- The IEC maintains that the requirement is necessary to confirm the finality of the submissions.
- The Constitutional Court's decision will have significant implications for the electoral process and the role of the IEC.
