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Constitutional Court Judgment Against IEC A Huge Blow To ANC In The Upcoming Municipal Polls

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LAST Friday’s judgment against the Independent Electoral Commission has been described by political analysts as a major blow to the governing ANC, which supported the postponement of the local government elections.

The ANC is struggling to come to terms with a blunder that saw it fail to register hundreds of candidates for the election, meaning it cannot participate in elections in 94, or more than a third, of SA’s 278 municipalities.

This means the party could lose many councils, and runs the risk of dipping below 50% of the nationwide vote.

The ANC has set a target of winning more than 55% of the vote nationally during the local government polls.

In 2016 it won 53.9%.

According to the Sunday Times, the ANC plans to use Friday’s Constitutional Court order forbidding the postponement of the local government elections to argue that the Electoral Commission of SA must reopen the candidate registration process.

But former IEC deputy chairperson and current executive chairperson of the Institute of Election Management Services, Terry Tselane, said the ANC has lost out

“They will not be part of the elections in those municipalities in which they failed to submit the candidates’ lists,” said Tselane in an interview with the SABC News.

“There is no way that the elections will take place outside the constitutionally stipulated period. So, get ready to go to voting stations by the first of November.”

In his inquiry, former deputy chief justice Dikgang Moseneke recommended that elections be postponed to no later than February 2022 if they were to be free and fair.

On Friday, the court dismissed the Electoral Commission’s application to postpone the local government elections due to take place on October 27 to February next year.

This time the polls will test support for the ANC following the coronavirus pandemic and South Africa’s worst civil unrest in years in July, triggered by the jailing of former President Jacob Zuma after he failed to appear before an anti-corruption inquiry.

ANC spokesman Pule Mabe told the SABC on Friday that the party welcomed the judgement and would study it properly before commenting further.

The IEC said in a statement it would meet over the weekend to chart a way forward, and would make an announcement about the electoral programme on Monday.

A meeting with the National Party Liaison Committee will also be convened on an urgent basis.

In August, the Electoral Commission applied to have the elections postponed after an inquiry recommended a delay because of the pandemic.

In its ruling, the court set aside the government’s decision to have elections on Oct. 27, saying instead the polls must go ahead between that date and November 1.

The commission must, within three days of the court order, determine if it was “practically possible” to hold a voter registration weekend ahead of people casting their ballot, it ordered.

ANC president Cyril Ramaphosa, addressing the ANC NEC Lekgotla on Saturday, said the challenges facing the governing party during the elections were profound and widespread.

“Our interventions must therefore include the appointment of political leadership and officials who are skilled, knowledgeable and capable of dealing with the demands of local government,” said Ramaphosa.

“The ANC has begun a process whereby we interview mayoral candidates to ensure that we entrust this important position to skilled and capable cadres. We urge government to implement more rigorous criteria and processes for important local government managerial positions, e.g. municipal manager and chief financial officer.”

He added: “The Constitutional Court has confirmed that we will have Local Government Elections on a date between 27 October and 1 November 2021. The movement will have to conduct the campaign and mobilise under pandemic conditions and with limited resources. We must ensure that we use technology and other innovative methods that will reach millions of members and supporters in safe and dynamic ways and in line with COVID regulations.”

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