DA loses Electoral Court case over Ramaphosa’s address to nation

The Democratic Alliance (DA) has lost its legal challenge in the Electoral Court over President Cyril Ramaphosa’s “national address” via the South African Broadcasting Corporation (SABC) on 26 May this year.

Ramaphosa faced criticism from political parties for allegedly using the SABC to campaign for the African National Congress (ANC) in a last pitch to voters before the polls on 29 May.

In his address, Ramaphosa highlighted the “achievements” of the sixth administration, including tackling corruption, the handling of the Covid-19 pandemic, tackling corruption and gender-based violence and reducing load shedding, among other issues.

The DA argued that Ramaphosa, who was the ANC’s candidate for president in the May polls, violated multiple provisions of the Electoral Act.

Judgement

However, the court on Monday ruled against the DA.

In the judgement, the court ruled there was no evidence that Ramaphosa’s address “influenced a single voter”.

“Conversely, the President explains in great detail the reasons why he made the address, and he has demonstrated his bona fide belief that the address served the public good and was not calculated to unduly influence voters. We have no reason not to accept this explanation by the President,” the judgement read.

“The simple point is that the President, in addressing the nation on 26 May 2024, was doing what s 83(c) of the Constitution enjoins him to do, that being to promote national unity and to advance the interests of the Republic.

“It is permissible, and indeed desirable, for the President, in pursuit of these objects, to take steps to keep the public informed about the state of the nation, the government’s actions and the challenges facing the country,” it said.

ALSO READ: DA hauls Ramaphosa to court for ‘abusing office’ in national address

‘Legal and ethical norms’

The judgement further said Ramaphosa’s address adhered to established “legal and ethical norms for governmental communication that have been a common practice in our country since the COVID-19 pandemic.”

It said Ramaphosa’s address focused on informing the public about the election process and encouraged participation in the election by highlighting national progress and challenges.

“Importantly, when assessed holistically, the President’s conduct did not, in our view, compromise the freeness or fairness of the election. Moreover, there is no evidence that the President’s address had any tangible impact on the election.

“For all of these reasons, we conclude that there has not been a violation of the provisions of the Electoral Act and the Code as alleged by the DA, nor any violation of the Constitution. The DA’s application therefore falls to be dismissed,” the judgement read.

The court also ruled that each party must bear its own costs.

ALSO READ: WATCH: Ramaphosa makes last pitch to voters ahead of 2024 elections

ANC loses election

The once dominant African National Congress (ANC) lost its majority in a historic election result that put South Africa on a new political path.

The ANC made a deal with other parties to form a government of national unity (GNU) for the first time since the end of apartheid in 1994.

The party lost 17% of its 2019 vote share, losing 71 seats in Parliament. The DA’s seats increased from 84 to 87 – up three, while the Economic Freedom Fighters (EFF) lost five seats from 44 to 39.

Former President Jacob Zuma’s uMkhonto weSizwe (MK) party shocked the nation after performing well in the elections obtaining 58 seats.

The 2024 elections were officially declared free and fair.

ALSO READ: ‘No ANC campaign, Ramaphosa had duty to assure nation’ – Madonsela defends president