The Constitutional Court of South Africa heard an application by the African National Congress (ANC) on Monday, challenging the Electoral Commission of South Africa's (IEC) decision to exclude 181 of its candidates from contesting in six municipalities due to a technical glitch. The ANC argued that the IEC's rule requiring a 'submit as final' button to be pressed after uploading candidate details is not found in the law and therefore has no legal effect. This case has far-reaching implications for the IEC's rules and the country's electoral process.
The IEC had excluded the ANC candidates from contesting in the six municipalities because they failed to press the 'submit as final' button on the online candidate nomination system before the deadline. A total of 2,274 candidates from different parties were captured on the system but not finally submitted, and were therefore excluded. The ANC's exclusion could result in weakened representation in council in the six municipalities and potentially disenfranchise thousands of voters. The party's lawyer, Advocate Daniel Berger, argued that the IEC's rule cannot be found in the Municipal Electoral Act or regulations and therefore cannot have any legal effect.
Berger told the court that the ANC fulfilled the requirements in law for submission of candidate lists and paid the deposit money, but did not press the 'submit as final' button on the system before the deadline. He argued that the IEC's online system is not law and cannot contain a requirement that invalidates a submission and excludes a party from the elections. The ANC is seeking to appeal an Electoral Court order dismissing its appeal of the IEC's decision.
Justice Rammaka Mathopo expressed concerns about the implications of the IEC's rule, saying that it seemed drastic and far-reaching, as failure to press the button disqualifies candidates from contesting and affects voters' rights. Mathopo asked whether the requirement was provided for in any legislation or was ever gazetted. He also questioned whether an innovation by the IEC could acquire the force of law.
Berger responded that the commission's guideline is not in the statute and does not acquire force of law. Mathopo said he was concerned about the far-reaching implications of a judgment, either for the ANC or the IEC. He noted that the court's judgment would have to explain to the community why voters would be disenfranchised due to one added requirement.
Advocate Terry Motau, for the IEC, agreed that the requirement to 'submit as final' button or face exclusion was not expressed in the act or regulations. However, he argued that the electoral act gives the commission discretion as to the design and functioning of the system in which nominations must be submitted electronically. Motau said the ANC knew the requirements and abided by them in most municipalities.
The court reserved judgment on the matter. The outcome could have significant implications for the country's electoral process and the participation of candidates in the upcoming elections. The ANC's case challenges the IEC's authority to set rules that affect the participation of candidates in the electoral process.
Key points
- The Constitutional Court heard the ANC's case against the IEC's 'submit as final' button rule, which excluded 181 ANC candidates from contesting in six municipalities.
- The ANC argues that the IEC's rule is not found in the law and therefore has no legal effect.
- The court's judgment could have far-reaching implications for the country's electoral process and the participation of candidates in the upcoming elections.
