Door still open for DA on candidate nominations ruling

While the country’s apex court yesterday dismissed the challenge by the Democratic Alliance (DA) to the controversial decision, it declined to make a final ruling on whether or not the commission’s motives were above board at this stage.

The DA had argued the decision to reopen nominations was designed to give the ANC another bite at the cherry after it missed the original deadline of 23 August to register some of its candidates.

And significantly, the Constitutional Court justices didn’t rule out the potential “plausibility” of this line of attack.

But they found having decided the matter on the papers because of its urgency, they weren’t in a position to reject the commission’s denials of impropriety.

“Given the urgency of the proceedings and the fact that we did not hear oral argument, we do not finally decide the question whether the commission’s decision is impeachable on the ground of ulterior motive.

“If, after the event, the DA or other political parties consider that the elections in particular municipalities were not free and fair because of alleged bias by the commission in extending the candidate cut-off date, this judgment will not preclude such challenges,” they said.

Earlier this month, the IEC lodged an application – also in the Constitutional Court – to postpone the elections beyond the constitutionally prescribed date of 1 November this year to 22 February next year.

This was due to the current Covid pandemic and the fact that the voter registration weekend which was previously scheduled was cancelled.

The court effectively dismissed that application but ordered the voters’ roll be reopened. The IEC issued a statement indicating that in keeping with the ruling, it had scheduled a new voter registration weekend.

But, in the same statement, the commission also indicated it was reopening candidate nominations and this prompted the DA to take legal action.

The party argued the move was inconsistent with the right to free and fair elections and contrary to the initial order handed down.

The court yesterday made short shrift of both these advances, though, explaining its previous order neither “required nor precluded” the commission from taking a decision to reopen nominations and that, in terms of the Municipal Elections Act, it was within the commission’s rights to do so.

In the initial order handed down, the Constitutional Court also dismissed an application from the EFF to amend the disaster management regulations to allow political parties to meet en masse to select candidates and to extend the cut-off date for nominations.

But, explained the court yesterday, the latter had been conditional on the former.

Constitutional law expert advocate Paul Hoffman said the court had effectively left the back door open for the DA.

“The question of whether the election is free and fair, given the Covid complications and the rearranging of the deck chairs that the IEC has done at the last minute, is something that can and probably will be litigated further,” he said.

The DA, meanwhile, said it accepted the outcome but maintained the move would “undoubtedly favour the ANC”.