The Electoral Court has dealt the Economic Freedom Fighters (EFF) an embarrassing blow, finding that the party nominated a man as its ward councillor candidate without his consent. The court ruled that Sivuyile Jacquin Tshikila was not an EFF candidate in Ward 03 in the Raymond Mhlaba local municipality in the Eastern Cape. This decision comes ahead of the local government elections.
According to the court's judgment, Tshikila had left the EFF in December last year, but his name appeared on the party's list of ward candidates. He claimed that his nomination documents had been submitted fraudulently and opened a criminal case at KwaMaqoma, alleging forgery and fraud. The court heard that Tshikila only discovered on September 16 that he was standing for a party he no longer belonged to.
The EFF did not oppose Tshikila's application and filed no papers explaining why his name had been submitted. Judge Modiba Shongwe described Tshikila's case as unique, as most cases involve candidates seeking inclusion in party lists, whereas Tshikila sought removal from the list due to lack of consent. The court ordered the Independent Electoral Commission (IEC) to ensure voters could not cast their ballots for Tshikila during the local government elections.
The judgment highlights that political parties cannot force people into public office against their will. Judge Shongwe stated that forcing someone to stand for public office against their wishes could undermine their dignity, particularly because candidates expose themselves to public scrutiny and possible attacks. The court also ordered the IEC to reprint new ballot papers for Ward 03, if practical, before the special votes for elections start.
Tshikila, a former EFF member and local leader in the Amathole and KwaMaqoma districts, said he decided to leave the EFF and politics in December to focus on finding a job. He currently survives on an R370 government grant. Tshikila expressed shock at seeing his name on the list in September and was told it was too late to remove his name from the certified list, leading him to seek a court order.
The IEC has reprinted 4,200 new ward ballot papers that do not include Tshikila. EFF's regional coordinator in the Eastern Cape, Veronica Mente, disputed Tshikila's claims, stating that he had accepted the nomination but later withdrew when the period to make changes with the IEC had closed. Mente also claimed that Tshikila's membership was active, contrary to his assertions.
The EFF's case is distinct from a recent court fight involving the African National Congress (ANC), which won a court case for the inclusion of its 181 candidates whose names were not submitted by the party to the IEC for elections. The local government elections are set to proceed, with the IEC taking steps to ensure that the ballot papers are accurate and reflect the true candidates for each ward.
Key points
- The Electoral Court ruled that the EFF listed Sivuyile Jacquin Tshikila as a candidate without his consent.
- Tshikila had left the EFF in December last year, but his name appeared on the party's list of ward candidates.
- The IEC has reprinted 4,200 new ward ballot papers that do not include Tshikila.
