Electoral process unlikely to start over, says expert

As confusion still reigns in the wake of the Constitutional Court judgement that local government elections are to proceed as planned for October, the Electoral Commission (IEC) would today clarify the situation as to whether there might be a glimmer of hope for the ANC and other parties to resubmit their nominees lists.

The apex court on Friday dismissed the IEC’s application that the local government elections be postponed to next year on the grounds that the Covid pandemic.

But while parties such as the ANC hoped for a postponement to get their lists in order, it was not yet clear whether the IEC would reopen for submission of nominees.

IEC spokesperson Kate Bapela told The Citizen that all will be revealed at their media briefing today following a meeting by the commission at the weekend and consultations with the IEC’s party liaison committees. “We will outline all activities [today], including the election timetable,” she said.

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Meanwhile constitutional law expert Pierre de Vos said it was unlikely that electoral process would be allowed to start over.

This was because the court’s order specifically stated that the election timetable, which was published by the IEC on 4 August, remained applicable and could only be amended if it were reasonably necessary.

“The fact that the election timetable has not been declared invalid and remains in force, would bolster the perception that complying parties would be treated unfairly if the process is reopened,” De Vos said.