Johnathan Paoli
THE Independent Electoral Commission (IEC) has approached the Constitutional Court for an urgent application against the Electoral Court’s decision to include former President Jacob Zuma and his MK party on the ballot paper.
Filing their papers on Thursday, IEC chairperson Mosotho Moepya said the commission has asked for the Electoral Court’s reasons and will file a supplementary affidavit once they’ve received them.
Moepya said the IEC was “unable to wait for an unknown period” with this being “a pressing matter of national importance that needs to be addressed,” and that if it’s not finalised before the 29 May elections, there’s a real risk of a disputed election outcome.
The commission wants the Constitutional Court to issue an order declaring Zuma not eligible to run for the elections and setting aside the Electoral Court’s order.
Previously, electoral experts have warned of disastrous consequences for the IECs credibility and integrity if it goes ahead with intentions to appeal the decision by the Electoral Court to include Zuma on the ballot list.
Executive Chair of the Institute of Election Management Services Terry Tselane said on Thursday that it would be ill-advised for the commission to proceed, considering all the dynamics involved in this unique case.
Tselane said their appeal would indicate that they had taken a position regarding the matter – especially considering that even the objector themselves did not appear in the Electoral Court – leaving their neutrality questionable.
“It is not their matter, it is not their issue, they are not the ones objecting, and therefore, for them to pursue this issue, they will be seen to have taken a position in relation to this matter,” Tselane said.
However, the Commission has defended its actions in a statement on Friday as an attempt to ensure procedural fairness in relation to the elections.
“The Commission wishes to emphasise that his appeal is not intended to involve itself in the political field of play, it is rather to ensure free and fair elections by ensuring that applicable constitutional provisions relating to elections are clearly understood by all role-players and applied evenly,” the statement read.
The MK party has called for the immediate removal of IEC Commissioner Janet Love, with the party spokesperson Nhlamulo Ndhlela saying she has exhibited unacceptable behaviour as a supposed ‘objective’ electoral commissioner.
“The basis for our legitimate call for her removal is due to her obnoxious behaviour on 24 January, before an objection was lodged regarding the eligibility of [former] President Zuma to participate in the parliamentary elections,” Ndhlela said.
The spokesperson said that not only was her premature pronouncement unwarranted, but also in direct violation of the established IEC rules which stipulates that such declarations could only be made following an official objection.
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