2024 elections: ‘Anxious’ IEC ‘constrained’ as it awaits ConCourt judgment

The Electoral Commission of South Africa (IEC) has once again expressed concern over the delivery of next year’s general elections as it awaits the judgment of the Constitutional Court (ConCourt) on the Electoral Amendment Act.

The Electoral Amendment Bill was signed into law by President Cyril Ramaphosa in April this year, thus allowing independent candidates to contest provincial and national elections.

However, several civil society organisations and opposition parties have challenged the legislation in court as the law was “taking away power from people“.

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The Independent Candidates Association of South Africa (ICA), alongside Build One South Africa (Bosa), launched their applications to have the amendment act declared unconstitutional.

The applicants, among other things, argued that independent candidates being allocated only 200 of the 400 National Assembly seats was inconsistent with the rule of law.

Parliament and Home Affairs Minister Aaron Motsoaledi opposed the applications, which were heard separately by the ConCourt over two days in August, with the judgment being reserved.

‘We were clear in our papers’

Addressing Parliament’s Portfolio Committee on Home Affairs on Tuesday, IEC chairperson Mosotho Moepya told MPs the ConCourt had to deliver its ruling on the case for the commission to finalise plans for the 2024 elections.

Moepya said the IEC made clear in its court papers that ideally the commission wanted the matters clarified before the end of September.

READ MORE: ConCourt delays could impact IEC’s preparation for 2024 Elections

“We have been absolutely clear about our anxiety in relation to the delay in the ConCourt judgment. We are of the view, with all our anxiety, we can only say and ask that we be assisted. I don’t know what we can do other than impugn the dignity of the court. We can’t.”

“We certainly are constrained and have to respect that. We accept that the court has a difficult matter to deal with, and the court understands, as we were clear in our papers, what would help us in the circumstances,” the IEC chair said.

Watch the briefing:

Elections in jeopardy?

The IEC previously warned the litigation could “imperil” the quality of the upcoming elections.

Since the term of office of the current government ends around May, South Africa is required to hold elections within 90 days of the expiration date in terms of the Constitution.

However, if the ConCourt rules in favour of ICA and Bosa, changes to the amendment bill will have to be made and, thus, affecting the work of the IEC.

The commission will need to effect changes to its results system, the ballot paper preparations and get its results models audited in this instance.

According to the commission, the elections could take place between May and August 2024, if Ramaphosa made a proclamation by early February.

The president, in consultation with the IEC, must determine the election date.

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