Johnathan Paoli
THE African Transformation Movement (ATM) has reiterated its contention against the 29 May national and provincial elections results and the Independent Electoral Commission (IEC) alleging miscalculations, voter rigging, and voter corruption.
ATM president Vuyo Zungula issued a founding affidavit on Monday, dated Thursday last week, and cited at least six grounds, namely: inaccuracy and inconsistency in the voters’ roll, discrepancies affecting ballot boxes; issues relating to vote counting; section 24(a) which restrict voters to voting districts; malfunctioning of voting management devices; and the misconduct of IEC commissioners.
Last week the EC issued directives to the ATM as the applicant, asking it to comply and submit its affidavit on time before the matter is heard in court.
Zungula brought claims against IEC chairperson Mosotho Moepya and alleged that commissioners were involved in planned ATM sabotage during the elections.
The ATM leader cited an affidavit submitted by former African National Congress (ANC) parliamentary researcher Winston Erasmus, who requested the EC to consider an infringement of the Electoral Code, by Moepya in his then capacity as IEC commissioner.
In the affidavit, Erasmus said: “Its impartiality is a non-starter; it does not exist at all. It is a matter of fact that a tainted commission is unable to administer free and fair elections, as it is constitutionally obliged to do so”.
Zungula said the inaccuracy and challenges to the inefficiency of the voters’ roll brought their supporters’ right to vote into question. For this he said his party is seeking electoral justice and transparency.
“It was surprising and shocking for the ATM to learn that most of its voters could not vote. This in a manner that deprived them of their right to vote. The reason was their non-appearance on the voters’ roll despite being registered,” he said.
He said there had been complaints and disputes about sealed ballot boxes being abandoned elsewhere, which effectively contributed to voter fraud, voting rigging and double voting.
Zungula said the reason his party was calling for a re-run of the elections was to restore confidence in the commission as a chapter 9 institution.
“This will assist in strengthening democracy and the fundamental values of the constitution. Hence, in the re-run, this court is asked to direct how they should be conducted, in order to avoid further damage to the credibility of the commission,” he said.
He said the court had the power to direct how the process may start afresh and give guidance on how the IEC may be composed.
“The IEC was obliged to act when there was large-scale conduct or activities reported. The manner in how the commission acted on the objectives had tainted its credibility to administer free and fair elections,” the ATM leader said.
UMkhonto weSizwe (MK) party lodged a similar application earlier in July that it subsequently withdrew its case. This caused the IEC to approach the same court asking it to continue with the case. The court set 29 July as the date on which the matter would be heard.
MK Party president Jacob Zuma said one of the things that made MK Party withdraw the case is that the evidence discovered amounts to the size of an elephant.
“The lawyers needed time to document the evidence although some people wanted the case to be concluded.
“I’m adding to what the comrade is saying, the case is coming, there’s no place where they have not robbed. We have the evidence now,” he said.
While the IEC is expected to make its representations it remains unclear if the MK will file its own papers.
In the court more than 19 political parties are cited as respondents by the Electoral Court including the ANC, DA, EFF, IFP, FF Plus, UDM, African Independent Congress, COPE, GOOD Party, ACDP, PAC, Al Jama-ah, MK Party, ActionSA, Rise Mzansi, BOSA, United Africans for Transformation and the Patriotic Alliance.
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