ConCourt’s ruling over the Independent Electoral Commission (IEC) was largely welcomed by individuals and political parties who see the need for voters addresses to be included on the voters’ roll.
At the same time, the Economic Freedom Fighters claims the ruling shows ‘IEC is being run by ANC-deployed cadres
The constitutional court ordered on Tuesday that the Electoral Commission of SA (IEC) ensure that the general voters roll was updated with addresses of all registered voters by the end of June 2018
The EFF, like others, welcomed the court’s determination that “the failure to compile a voters’ roll with available addresses is inconsistent with the Constitution and invalid” but criticized the Parliament and the department of home affairs for not holding the commission accountable and that the commission was improperly managed by ANC-deployed Cadres
“It is inconceivable that 13 years after the Electoral Act was promulgated‚ parliament and the Department of Home Affairs failed to hold the Independent Electoral Commission (IEC) accountable on this obligation‚” EFF’s spokesperson Mbuyiseni Ndlozi said.
“It served the ruling party well that such an omission perpetuated its grip on power corruptly in a flawed voters’ roll for the subsequent elections of 2004‚ 2005‚ 2009‚ 2011 and 2014.
The ConCourt ruled that the IEC’s actions on the voters’ roll were unconstitutional‚ and gave it 18 months to rectify it.
Ndlozi claimed that the sitting government in both national and local sphere was elected on the basis of constitutionally inconsistent voters’ roll and they can therefore not claim popular legitimacy.”
“The ConCourt had “vindicated us on that IEC is improperly being run by ANC-deployed cadres who will miss no opportunity to bring the elections in this country into disrepute” Ndlozi added while he called for the parliament to set up an ad hoc committee that would investigate the circumstances around the 13 years’ failure to comply with the Electoral Act.
The party also called for the committee to investigate the failure of Parliament to pick up the red flag from the inept Portfolio Committees on Home Affairs ever since established from 2003
“EFF welcomes the court’s bid to avoid a constitutional crisis as there is no provision in the laws for postponement of elections by suspending the declaration of invalidity until June 30‚ 2018 so that the August 3 local government elections should continue on the basis of the current status quo of a voters’ roll with incomplete addresses of registered voters…” Ndlozi.
Related to the EFF claims that the IEC Is Improperly Run By ANC-deployed Cadres, is that of the Freedom Front (FF) Plus who through its chairperson Dr. Pieter Groenewald, said the judgment makes it clear that the integrity of the Independent Electoral Commission (IEC) is suspect as the court found that the IEC had not met its statutory or legal obligations in terms of the Electoral Act.
He said it means that the actions of the IEC, one of the core pillars of our constitutional democracy which had found that elections to date had been free and fair, is now suspect.
“The judgment makes it clear that the IEC was not just improperly run by ANC-deployed Cadres but also that it had not fulfilled its legal obligations with regards to the voters roll and this judgment of the Constitutional Court is a compromise in the interest of democracy to allow the elections to go ahead on 3 August.
“The court, however, also makes it clear that any future elections will have to strictly adhere to all legal requirements, which means that the IEC will now have to ensure that all voters on the voters roll must have addresses which can be verified,” Dr. Groenewald said.
However, the Democratic Alliance views the Con court judgement as one that brings certainty and confidence towards the local government elections that are now confirmed to take place on August 3rd 2016.