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THE ANC and the DA have expressed mixed feelings about the outcome of the Constitutional Court ruling on the opposition party’s application to prevent the ANC and other parties from having another opportunity to submit their candidates list to the Electoral Commission (IEC).
The DA lodged an application in the Constitutional Court, arguing that the IEC decision, taken on September 6, 2021, to reopen the candidate nomination process in the 2021 local government elections was unconstitutional, unlawful invalid and that it be set aside.
The application came off the back of a separate urgent application (the main application) that the IEC launched under the same case number, seeking an order to the effect that it could hold the local government elections in February 2022 rather than on October 27, 2021, due to the risk of the election not being free and fair because of the Covid-19 pandemic.
Alternatively, the IEC had sought an order declaring that its failure to hold the local government elections on October 27, 2021 was unconstitutional and that such declaration of invalidity be suspended to allow it until February 23, 2022 to correct the constitutional defect.
The Constitutional Court ruled against the DA.
The ANC welcomed the court decision, saying the judgment vindicated the position taken by it that the right of citizens to vote was inextricably linked to their right to stand for public office.
ANC national spokesperson Pule Mabe said the ruling also confirmed the correctness of the support given to the IEC’s decision by the African Christian Democratic Party, African Independent Congress, Al Jama-ah, Cope, FF Plus, Good, PAC and the UDM.
“We call upon the DA to refrain from further attacks on the integrity of the judiciary and the IEC,” Mabe said.
He urged the people who have not yet registered to use the IEC online portal.
“The ANC is ready to register all its candidates by the deadline of Tuesday, September 21, 2021. Our candidates have been selected through a rigorous, democratic and participatory process involving communities in the choice of who should represent them in local government, the sphere of government closest to the people.
“We call upon all citizens to give these ANC candidates an overwhelming mandate to continue working with them to build a better life for all.
“We call upon all members of the ANC, and other political parties, to observe the Electoral Code of Conduct and also exercise maximum tolerance as they campaign for local government elections on 1 November 2021,” Mabe said.
The DA grudgingly welcomed the court ruling but maintained that the IEC’s decision to reopen nomination was for the ANC’s benefit.