DA updates on ConCourt case opposing IEC and ANC bending candidate rules

15 September 2021

The DA case in the Constitutional Court, where we are opposing the IEC and ANC attempting to bend the rules of Councillor Candidate submissions, has now advanced past the exchange of papers and pleadings are now closed.

Our papers make out a clear case that the IEC is not empowered to announce a re-opening of candidate submissions, thereby changing the timetable to the benefit of the ANC.

It is quite clear that the imploding ANC, in its failures to complete candidate selection, submit candidate lists, or pay its staff, is unable to mount a voter registration campaign or make any discernable offer to the voters.  The ANC clearly required the bail-out that the IEC has given them by re-opening candidate submissions.

The DA takes on the ANC in these court battles to stand up for the rule of law and defend fair processes for all parties.  There cannot be one set of rules for the ANC and another for everyone else.

We believe that South Africa’s democracy only works when government, the institutions of state and all of society abide by the law, and when institutions like the Electoral Commission that are meant to be independent, apply the law equally to all parties.

In this case, the DA believes it is clear that the ANC missed the candidate submission deadline, and the legal precedent of previous similar examples, involving other parties, makes it clear that there are no second chances.

Our expectation is that the next step is for the Constitutional Court either to set down a date for argument in this matter, or to decide the matter on the papers.

Our hope is that in the coming days there will be clarity from the Court that the ANC missed the deadline, and that the IEC cannot bend the rules to favour the ANC.

Issued by Cilliers Brink, DA Spokesperson, 15 September 2021