ConCourt rules in favour of ANC in dispute over final submission button

The Constitutional Court has ruled in favour of the African National Congress (ANC) in its dispute with the Electoral Commission of South Africa (IEC) over the submission of candidate lists for the November 4 local government elections.

The ruling allows the ANC to appear on the ballot in six municipalities after the party challenged the exclusion of 181 ward and proportional representation candidates in the Eastern Cape and Free State.

At the centre of the dispute was the ANC’s failure to click the final submission button on the IEC’s online candidate nomination system, despite the party’s lists having been loaded onto the database before the deadline.

ANC challenges IEC’s submission requirements

During arguments before the Constitutional Court on Monday, the ANC’s legal counsel, Advocate Daniel Berger, argued that clicking the final submission button was not a legally binding requirement for the acceptance of candidate lists.

The party maintained that its candidate information had been uploaded to the IEC’s system within the stipulated timeframe and should therefore be accepted.

The court agreed to allow the ANC’s candidates to appear on the ballot, with Justice Rammaka Mathopo delivering the ruling. The reasons for the judgment will be provided at a later stage.

IEC defended its online nomination system

In its answering affidavit, the IEC argued that the Municipal Electoral Act empowered it to determine the procedures and framework for submitting candidate lists.

The commission also pointed out that its Online Candidate Nomination System (OCNS) had been in use since 2016 and had been used in elections since its introduction.

The IEC argued that setting submission deadlines and determining the methods through which candidate lists must be submitted fell within its powers under the legislation.

The Constitutional Court’s ruling means the ANC will be able to field the 181 candidates who were at risk of being excluded from the upcoming local government elections.

The full reasons for the judgment are expected to clarify the court’s position on the dispute over the final submission button and the IEC’s candidate nomination procedures.

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Source: iol.co.za