The Constitutional Court has ordered the Independent Electoral Commission (IEC) and the ANC to file their answering affidavits by Monday while the applicant the Democrat Alliance (DA) should do so by Tuesday.
This follows DA challenging the IEC decision to reopen candidate list registration.
The Economic Freedom Fighters (EFF)has joined the DA‘s urgent court application to oppose the IEC‘s decision for reopening political nomination to parties.
The official opposition launched an urgent bid to the Constitutional Court to reverse the decision.
Opposition parties say the IEC is giving the ANC a lifeline after the governing party failed to meet the registration deadline.
The EFF said the decision is reckless, partisan and unlawful.
The ANC and the IEC have filed court papers to oppose the application.
While the IEC has already defended its decision to reopen the candidate registration process, the commission, in its notice of opposition, said the DA’s application as “untenable in law and premature on facts”.
The commission also described the DA’s application as “an impermissible attempt” to have the ConCourt second-guess its decisions.
“The commission contends that the relief sought amounts to an impermissible attempt by a political party involved in an election to have this court second-guess decisions of the commission concerning the proper holding of the elections, midway through the electoral process; and fails to take into account the need for affording appropriate respect to the commission in making decisions in fulfilment of its constitutional duty to ensure free and fair elections,” the notice reads.
It further asked the ConCourt to dismiss the party’s application without the need for a hearing.
The ANC has also asked the apex court to dismiss the DA’s application, adding that it was “irrational”.
“The IEC’s determination can only be challenged on circumscribed grounds, such as irrationality and unreasonableness, but may not be second-guessed as the DA wrongly seeks to do,” the party said in its papers.
“The DA’s arguments are irrational. The DA concedes that fresh registration of candidates will be permissible in certain circumstances, but it irrationally argues that in this case the IEC should not have amended the time table to allow all candidates who wish to register afresh. The distinction sought to be drawn by the DA is wholly irrational and borders on abuse of court process.”
On Tuesday, COGTA minister Dr Nkosazana Dlamini-Zuma said after consultation with the IEC, government has come to the determination that this year’s Local Government Elections will be held on the 1st of November 2021.
This is in in accordance with the Constitution, read with the Municipal Structures Act, as the Act prescribes that elections must be held within 90 days after the conclusion of a five-year term of local government, said Dlamini-Zuma.
- Inside Politics
