By Simon Nare
The Independent Electoral Commission of South Africa (IEC) has conceded that the requirement to click the final submission button on its online candidate nomination system is not expressly provided for in legislation or regulations.
However, the commission argued in the Constitutional Court on Monday that the ANC could not challenge the requirement after using and benefiting from other features of the system that are also not explicitly prescribed in the regulations.
IEC legal representative, Advocate Terry Motau, argued that the ANC’s use of other features demonstrated its acceptance of the commission’s authority to prescribe operational requirements for the electronic system.
He said the party could not elevate the final submission button above other requirements simply because it failed to click it before the deadline.
“We have stipulated what the system requires for the purposes of uploading documents. The system requires, among other things, that the documents must
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