How to object to candidates nominated by political parties

With 39 days left to the 2019 elections, the Electoral Commission of South Africa (IEC) has released lists of the candidates who were nominated by political parties for the 2019 national and provincial elections. Those eligible to vote have been given until Tuesday next week at 5pm to object to the nomination of candidates.

Objections may be lodged against a candidate on the basis that they are not “qualified” to stand for elections, if they did not accept the nomination, or if they did not sign the IEC’s code of conduct.

Every citizen who is qualified to vote for the national assembly or provincial legislature is eligible to stand for election except for unrehabilitated insolvents and anyone considered incompetent to go to trial by the court. An unrehabilitated insolvent is a person who has been declared insolvent under a court order and who has not yet applied for and been granted a court order of rehabilitation.

Another condition on the IEC website reads: “Anyone who is convicted of an offence and sentenced to more than 12 months’ imprisonment without the option of a fine either in South Africa or outside the country if the offence would have been an offence if committed in South Africa. This disqualification ends five years after the sentence has been completed.”

To object to any candidate, send an email to objections@elections.org.za with the objector’s full names, address, and contact details as well as the name, ID number, and party of the candidate being objected to and detailed supporting documents of the objections if there are any.

The IEC will notify the objectors and affected parties of their findings by April 8.

The affected party will then be given until April 11 to appeal to the Electoral Court should they disagree with the IEC’s decision on the candidate.

The ruling party received criticism after secretary-general Ace Magashule confirmed that Malusi Gigaba, Nomvula Mokonyane, Bathabile Dlamini, and Mosebenzi Zwane were included in the list. Gigaba has been accused of lying under oath.

Gigaba stepped down from his position as home affairs minister following a sex scandal, while Zwane and Mokonyane were recently implicated in state capture.

Mokonyane said on Thursday that she would testify at the commission of inquiry into state capture and give an “honest” account of her relationship with Bosasa CEO Gavin Watson’s family and address the “false” allegations of bribes against her.

She said: “Having now formally received a notice from the commission and the aspects of the statements of Mr Agrizzi that make allegations against me, it is my intention to exercise my rights to testify, cross-examine, and call witnesses before the commission.

“This is to ensure that we formally and under-oath dismiss allegations that I have or had a corrupt or unethical relationship with Bosasa or the Watson Family as alleged by Mr Agrizzi.

“The allegations are of serious nature, self-contradictory in many respects and are designed to cast aspersions of impropriety against me in my personal and official capacities.”

However, in defence of the list, Magashule said those being criticised had not yet been charged of any crime.

“We have looked at what the law says. You are talking about people who have never been charged with any crime or offence. Why do you want to single out people because they are out there in the media?” asked the secretary-general.

Dlamini, who has also been accused of lying under oath, also defended the list and said that what South Africans saw in the ANC list was “the will of the people”.

“What is in the list of the ANC is the will of the people. In the ANC we do not apply to be public representatives. We are elected by the people and therefore what is there is the will of the people,” she said.

(Compiled by Vhahangwele Nemakonde)

For more news your way, download The Citizen’s app for iOS and Android.