By: Basa Mushi
The Electoral Commission of SA (IEC) says it will abide by the ruling of the Constitutional Court and hold the local government elections by November 1, 2021.
The ConCourt dismissed the IEC’s application to postpone the elections to 2022, ordering that: “the Commission must, within three calendar days after the date of this order, determine whether it is practically possible to hold a voter registration weekend to register new voters and change registered voters’ particulars on the national voters’ roll in time for local government elections to be held on any day in the period from Wednesday, 27 October 2021 to Monday, 1 November 2021,” the court ruled.
The IEC said it had noted the order and its implications. Spokesperson Kate Bapela said the IEC management would be meeting over the weekend to map a way forward.
“The implications of the Constitutional Court judgment mean the Commission is now required to ensure that it prepares for an election to be held by November 1 2021. The Commission will meet over the weekend to chart a way forward. In line with the orders of the Constitutional Court, the Commission will make announcements relating to the electoral programme on Monday,” she said.
The Court ruling received mixed reactions from political parties. The Economic Freedom Fighters said the judgment came after an unnecessarily lengthy period, which has fostered confusion and uncertainty in society.
“We register our displeasure with the emerging tendency of the Constitutional Court to give judgements late and when they are of no consequence. The EFF has long called for the postponement of the elections, on the basis that the political terrain has been closed and hindered the ability of political parties and citizens to engage with those who seek to lead in municipalities and councils,” spokesperson Vuyani Pambo said.
Despite that, Pambo said the party was bound by the decision of the Constitutional Court and would proceed to participate in a vigorous campaign to win the elections.
ActionSA said the Constitutional Court proved that they stand ready to be residents’ last line of defence against those who would support the continued existence of a political status quo that fails citizens.
“We have long held that it was indeed possible to hold elections following the conclusion of our own, first of its kind, candidate election processes in Gauteng at the end of June. We ran the most participative candidate elections through this process, which threw open the process to all residents of wards and municipalities. We now stand ready to deliver inclusive and prosperous change to the metros of Gauteng and the people of Kwa-Zulu Natal in eThekwini, Newcastle, and KwaDukuza,” National Chairperson Michael Beaumont said.
Good Secretary-General Brett Herron said the ruling preserved the supremacy of the Constitution.
“We also welcome the setting aside of the Minister of COGTA’s promulgation of the election date. This promulgation took place without a final voter registration weekend, which was meant to take place on 31 July and 1 August 2021. The promulgation of the election closed the voters roll, denying new voters the opportunity and right to register for the election,” he said.
DA leader John Steenhuisen described the ruling as a milestone victory for both democracy and Constitution. He said the people of South Africa have a Constitutional right to elect their local governments within the mandated period.
“We are satisfied that the Constitutional Court stood firm and upheld this right. In doing so, the highest court in the country has given the people of South Africa faith by demonstrating that it remains the backstop of our democracy,” he said.
FF Plus leader Dr Pieter Groenewald described the ruling as a victory for constitutional democracy in the country. He said if the elections had been postponed, it would have set a dangerous precedent.
“The fact that the Constitutional Court declared the proclamation on the elections by the Minister of Cooperative Governance and Traditional Affairs (COGTA), Nkosazana Dlamini-Zuma, invalid and set it aside puts immense pressure on the Independent Electoral Commission (IEC) and political parties. It means that registrations, the voters’ roll and candidate nominations will all have to be re-opened, but it is nearly impossible to accomplish that in the short period of time left,” Groenewald said.
He added the tight time frames threatened the integrity of the voters’ roll and could create a new crisis if the deadlines are not met.
Patriotic Alliance deputy president Kenny Kunene welcomed the court’s ruling. “We have been doing a lot of groundwork and we are ready for the elections,”Kunene said. He added that his party will shock a lot of people in the up coming polls.
The Inkatha Freedom Party (IFP) spokesperson Mkhuleko Hlengwa said the party was committed to upholding the rule of law and would abide by the judgment.
“We have been making our preparations for the upcoming LGE, among others, by ensuring that we adhered to the existing IEC timeline and by meeting all deadlines such as the recent deadline for the submission of candidate lists. The IFP has consistently maintained that all our structures will be ready to contest an election regardless of the date,” he said.
The ConCourt’s decision, however, has severe consequences for the ruling party. The ANC missed the deadline to register all its candidates. The party has no presence in at least 35 municipalities, with the Western Cape and KwaZulu-Natal being the hardest hit. Limpopo also has a few municipalities where the ANC failed to register PR candidates.
The ANC had approached the Electoral Court to compel the IEC to re-open the registration process. But it subsequently abandoned the process during the week, indicating it would wait for the ConCourt ruling.
