Electoral Commission approaches the Constitutional Court for Clarity on Section 47(1)(e) of the Constitution

12 April 2024

The Commission confirms that it has lodged an urgent and direct appeal to the Constitutional Court relating to the order of the Electoral Court setting aside its decision following the appeal by the MK Party. 

The Commission believes there is substantial public interest in providing certainty on the proper interpretation of section 47(1)(e) and its interplay with the powers of the Commission to adjudicate objections to candidates. Such clarity is important in the present matter because of a live issue but also for future elections. It is furthermore important that such legal clarification is obtained from the highest court in the land which has constitutional-matter jurisdiction. Hence, a direct appeal to the Constitutional Court.

The Commission wishes to emphasise that this appeal is not intended to involve itself in the political field of play, it is rather to ensure free and fair elections by ensuring that applicable constitutional provisions relating to elections are clearly understood by all role-players and applied evenly. We therefore wish for the matter to be determined before the date of the election.

Issued by Kate Bapela on behalf of IEC, 12 April 2024