The Freedom Front Plus will, in terms of the Electoral Act, officially appeal the decision of Independent Electoral Commission (IEC) that Winnie Madikizela-Mandela is not disqualified as a candidate for the ANC in the forthcoming election. The party will in terms of the Electoral Act, submit its objections to the Electoral Court by Thursday 26 March.
"The FF Plus is still of the opinion that Winnie Mandela is not qualified and that the IEC made a mistake in its decision on her candidacy. The Electoral Court will have to hand its decision on this matter down by the 31st March in order to remain within the rules of the Electoral Act", Mr. Pieter Groenewald (MP), chairperson of the Federal Legal Committee of the Freedom Front Plus said.
"According to the letter of the IEC addressed to the Freedom Front Plus, the FF Plus' objection against Winnie Mandela's candidacy is dismissed as a dispute on the interpretation of the Act and not as a factual dispute. It is clear that the IEC is not prepared to make an unpopular decision and therefore passed the ball back to the Freedom Front Plus. It is the task of the IEC to see to it that all candidates meet the legal requirements. In order for it to do this, the IEC has to be able to interpret the law", Groenewald said.
The Freedom Front Plus had, in terms of section 30 of the Electoral Act, submitted its objection to the Electoral Commission against the candidacy of Winnie Madikizela-Mandela on the national list of the ANC. The FF Plus is still of the opinion that Madikizela-Mandela does not qualify in terms of section 47(1)(e) of the Constitution (108 of 1996). This section clearly stipulates that anybody who is found guilty of a crime and is sentenced for a period of at least twelve months without the option of a fine, does not qualify to be a member of the National Assembly. The relevant section furthermore stipulates that the disqualification only ends five years after a sentence had been served. Madikizela-Mandela was sentenced to three and a half years in prison in July 2004, without the option of a fine and the five year period only expires in July of this year.
Statement issued by Pieter Groenewald MP, chairman of the Freedom Front Plus legal committee, March 24 2009
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