The Electoral Court of South Africa has ruled that the Economic Freedom Fighters (EFF) cannot coerce an individual into standing for office as a ward candidate against their will. The court declared that Sivuyile Jacquin Tshikila was not a candidate for the EFF in Ward 03 of the Raymond Mhlaba Local Municipality in the Eastern Cape. This decision was made after Tshikila claimed that the EFF nominated him without his consent.
According to Tshikila, a former EFF member and local leader in the Amathole and KwaMaqoma districts, he discovered on September 16 that his name had been submitted as an EFF candidate. He claimed that he had never signed a nomination form and alleged that his name had been submitted fraudulently. Tshikila lodged objections with the Electoral Commission of South Africa (IEC) by email on September 17 and 18.
The EFF did not file any papers opposing Tshikila's application, while the IEC indicated that it would abide by the court's decision. The IEC explained that once ward candidates had been certified, the law did not allow it to remove a name without a court order. This led to Tshikila seeking relief from the Electoral Court.
The court found that the legislation required candidates to sign an undertaking and declaration as part of the nomination process. It was not disputed that Tshikila had signed no documents relating to his nomination. The court therefore ruled in favor of Tshikila, stating that the EFF could not force him to stand for public office against his will.
In its judgment, the court ordered the IEC to ensure that Tshikila's name did not appear on the ballot paper. The court directed the commission to reprint the ballot paper if practicable or, alternatively, require voting officers to rule through his details so that no vote could be cast for him. This ruling was made on October 30.
Tshikila had also opened a criminal case at KwaMaqoma, alleging fraud and forgery. The IEC's role in the matter was limited to implementing the court's decision, as it had indicated that it would abide by the court's ruling. The court's decision highlights the importance of obtaining consent from candidates before their names are submitted.
The case highlights the need for political parties to ensure that they obtain the consent of individuals before nominating them as candidates. The court's ruling serves as a reminder of the legal requirements for candidate nominations and the consequences of failing to meet these requirements.
Key points
- The EFF was found to have nominated Tshikila without his consent.
- The court ordered the IEC to remove Tshikila's name from the EFF ward candidate list.
- The IEC was directed to reprint the ballot paper or rule through Tshikila's details to prevent votes from being cast for him.
