By Simon Nare
The Constitutional Court has overturned an Electoral Court ruling dismissing the ANC’s appeal over 181 candidate nominations across six municipalities that the party sought to have recognised as validly submitted.
This is despite the party failing to complete the Independent Electoral Commission’s final electronic submission step before the deadline.
In a majority judgement handed down by Justice Rammaka Mathopo on Thursday, the apex court ruled that the explanation for the delay was adequate and the delay in filing the answering affidavit was minimal.
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“The explanation for the delay is adequate, and there is no prejudice to the applicant. Consequently, condonation must be granted. It has also concluded that leave to appeal should be granted,” said Mathopo in the ruling.
The court ordered that the Electoral Court’s ruling be set aside and replaced with an order directing the IEC “to do all things necessary” to include the party lists and candidate nominations on the ballot paper and in all other relevant processes for the 4 November elections.
Judgement on costs was reserved and the reasons for the order will be given at a later stage.
ANC secretary-general Fikile Mbalula openly wept on the steps of the apex court.
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He welcomed the judgment with relief, saying the matter had given him sleepless nights. He also thanked President Cyril Ramaphosa and other party structures for their support.
“I am standing on the steps of Constitutional Hill. On this hill, our people were once held in cells for demanding the very thing that has been decided inside this building today. One sentence on what the court has ordered, the Constitution has spoken and it has spoken for the people of this country,” Mbalula said.
He said the judgment went beyond one political party and one election, adding that the party had refrained from mobilising its large following to take to the streets, despite believing that its constitutional rights had been violated.
Rather, the party decided to take the legal route.
“The right to vote is not a privilege handed down by an institution. It is not a setting in a computer programme and it is not a button on a screen. It is a fundamental right, and it belongs to the people,” he said.
Mbalula used the opportunity to take aim at the Government of National Unity partner the Democratic Alliance, which opposed the ANC’s application for leave to appeal. He accused the DA of openly arguing against the interests of the people in court and disenfranchising thousands of ANC members.
“That was their position. They are entitled to it and we do not question their right to argue. But we are entitled to ask a question, and we ask it today. The founding statement of intent of the Government of National Unity binds every partner in it to promote the constitutional framework of this republic.
“To come to the Constitutional Court to argue against the enfranchisement of hundreds of thousands of South Africans does not sit easily beside that understanding. We must review the DA in the Government of National Unity,” he said.
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Mbalula said the appeal had taught the party valuable lessons about leadership and tenacity. The current times demanded that they lead the people towards the promised future of “a country where no one is without shelter, without water, without food on the table, where each of us may pursue our dreams according to our abilities and be met according to our needs”.
