The African National Congress (ANC) has taken its dispute with the Electoral Commission of South Africa (IEC) to the Constitutional Court, arguing that the commission's software for submitting candidate lists should not supersede electoral laws. In an affidavit submitted by party secretary-general Fikile Mbalula, the ANC seeks to overturn the Electoral Court's decision that dismissed its appeal against the IEC. The court's ruling had prevented the ANC from submitting its lists of candidates in at least six municipalities due to a technical issue.
The Electoral Court's decision was based on the ANC's failure to click the "submit as final" button on the IEC's online candidate nomination system (OCNS) before the 5pm deadline on August 28. This has put at least 181 ANC candidates at risk of being barred from contesting the November 4 local government elections in municipalities such as Port St Johns, Ngquza Hill, and Mangaung. The ANC contends that clicking the "submit as final" button was not a legal requirement but merely a software function.
According to Mbalula, the ANC had completed the electronic forms and uploaded every annexure in the affected municipalities by the stipulated deadline. However, the party's administrators were unable to press the "submit as final" button before the cut-off time due to reasons beyond their control. The ANC argues that this technical issue should not affect its ability to contest the elections.
The ANC's application to the Constitutional Court has been supported by Bongani Mathae, one of the 49 affected ANC members in Mangaung. Mathae, who is also the current speaker of the Free State's only metro municipality, argues that the Electoral Court's decision violated his and others' constitutional right to stand for public office. He and the other affected members have asked to be allowed to intervene in the ConCourt case.
The IEC's decision to reject 2,274 candidates from 45 political parties has raised concerns about the impact on voters' rights. The ANC argues that the issue would disenfranchise voters and have ramifications beyond its own party. The party contends that voters in the affected municipalities and wards would be deprived of choices that section 19 of the constitution exists to protect.
With just four weeks to go before the municipal polls, the ANC is asking the ConCourt to hear its application on an urgent basis and order the IEC to reprint ballot papers, where necessary, if its application is successful. The party's application seeks to protect the rights of its members and supporters to vote for a political party of their choice and to contest and possibly hold public office.
The Constitutional Court is set to hear the ANC's application this week. The court's decision will have significant implications for the upcoming local government elections and the rights of voters and candidates. The ANC's case highlights the importance of ensuring that electoral laws and software are aligned to protect the constitutional rights of all citizens.
Key points
- ANC challenges IEC software in Constitutional Court
- Technical issue affects 181 ANC candidates
- Court decision to impact local government elections
