The African National Congress (ANC) has taken the Independent Electoral Commission (IEC) to the Constitutional Court over its refusal to accept late registrations of candidates for the upcoming local elections. The ANC is challenging the IEC's decision to reject its lists, which were uploaded on the online candidates nominations system but not submitted before the deadline. At least six municipalities in the Eastern Cape, Free State, and KwaZulu-Natal are affected by the ANC's late registrations.
The IEC's online candidates nominations system requires parties to upload their lists and then click the "submit as final" button to complete the submission process. However, the ANC argues that it was not legally required to hit the "submit as final" button, saying this was just a normal software function. The party claims that it had met its obligation by uploading the lists, even if it did not click the final submission button.
The IEC disagrees, arguing that the "submit as final" button is a critical step in the submission process. Deputy chief electoral officer Akhtari Henning compared the process to online banking and shopping, where customers must confirm their transactions before they are processed. She cited examples of everyday transactions, such as adding items to a shopping cart, which is not a purchase until the customer checks out and pays.
The Democratic Alliance (DA) has joined the case as an intervening party and has dismissed the ANC's argument as "absurd". DA federal council chair Ashor Sarupen said the ANC was seeking special treatment and should be sent packing. He argued that the requirement to capture and submit lists has been a long-standing procedure in previous elections and that the ANC's failure to comply was an administrative failure.
The ANC's late registrations affect at least six municipalities, where its candidates may be barred from contesting the elections. The party uploaded the problematic lists on the IEC's online system but missed the submission deadline. The IEC's decision to reject the lists was upheld by the electoral court last month, prompting the ANC to take the matter to the Constitutional Court.
The Constitutional Court is set to hear oral arguments in the case, with the IEC opposing the ANC's application and the DA intervening as a party. The court's decision will have significant implications for the upcoming local elections, where the ANC's candidates may be barred from contesting in several municipalities. The IEC has maintained that its rules and deadlines must apply equally to all parties.
The case highlights the importance of adhering to electoral rules and deadlines. The IEC's online system is designed to ensure free and fair elections, and the commission has argued that equal application of the rules is essential to maintaining the integrity of the electoral process. The ANC's challenge will test the commission's authority to enforce its rules and deadlines.
Key points
- ANC challenges IEC's refusal to accept late candidate lists
- IEC's online system requires parties to upload and submit lists before deadline
- Constitutional Court to hear oral arguments in the case
