The Electoral Commission of South Africa (IEC) has expressed confidence that the African National Congress's (ANC) appeal against a recent Electoral Court ruling will not succeed. The ANC is seeking to overturn the ruling, which barred 181 of its candidates from contesting local government elections in six municipalities due to a missed deadline. The IEC's deputy chief electoral officer, Akhtari Henning, filed an affidavit with the Constitutional Court, stating that she believes the ANC's case has little prospect of success.
The Electoral Court's ruling found that uploading candidate names to contest elections without pressing a final submit button does not constitute a submission in terms of the law. The ANC argues that this requirement is not stipulated in any act, regulation, or government notice, but rather only exists in the Commission's software. However, the IEC maintains that submitting candidate details as final is required by law, likening it to online banking or shopping, where customers must approve a payment.
The ANC's appeal is testing the IEC's electoral timetable, with ballots now in the printing phase. If the matter is not resolved, the IEC warned that it cannot hold elections in the affected municipalities on November 4. The Constitutional Court hearing has been pushed out by another week, adding to the uncertainty. The IEC has insisted that the exclusion of the 181 ANC candidates was due to the party's failure to meet the August deadline.
ANC Secretary General Fikile Mbalula has argued that the Commission had no power to make the "submit as final" requirement a condition of eligibility, and that the Constitution forbids such a reading of the Act. However, the IEC has countered that the requirement is necessary to ensure the integrity of the electoral process. The Commission has welcomed a judgment dismissing a bid by the MK Party challenging the 2024 election results.
The IEC has emphasized that it is not in the interest of justice to grant the ANC leave to appeal the case. A court hearing is expected next week, and the outcome will have significant implications for the local government elections. The ANC's appeal has sparked concerns about the potential impact on the electoral process and the representation of voters in the affected municipalities.
The local government elections are scheduled to take place on November 4, and the IEC is working to ensure that the process is fair and transparent. The Commission has urged parties to abide by the electoral laws and regulations, and has emphasized the importance of compliance. The outcome of the ANC's appeal will be closely watched by stakeholders and voters alike.
The IEC's confidence in its case is based on the Electoral Court's ruling, which found that the Commission's requirements are lawful. The ANC's appeal has highlighted the complexities of electoral law and the need for clarity on the requirements for candidate submissions. The Constitutional Court's decision will provide guidance on the matter and have implications for future elections.
Key points
- The ANC's appeal against the Electoral Court ruling has little prospect of success, according to the IEC.
- The IEC's requirements for candidate submissions, including the "submit as final" button, are lawful and necessary to ensure the integrity of the electoral process.
- The outcome of the ANC's appeal will have significant implications for the local government elections and the representation of voters in the affected municipalities.
