Judgment reserved in ANC’s IEC candidate list case, decision expected on Wednesday

The Electoral Court on Tuesday heard arguments by the ANC on why it should be granted grace in its failure to submit its candidate list on time. The Electoral Court will decide on Wednesday whether the ANC’s late submission of its councillor candidate list will be considered for the voter’s role. The court held a virtual sitting late on Tuesday afternoon to hear the arguments of the ANC and the Electoral Commission of South Africa (IEC). The ANC last week claimed technical glitches prevented it from submitting a full candidate list, with secretary-general Fikile Mbalula later admitting its list contained inaccurately captured ID numbers. The ANC had earlier filed papers with the Electoral Court to review the IEC’s decision not to reopen the submissions process. A decision on the ANC’s candidate list will come on the same day, 16 September, that the IEC had previously set for announcing the final list of successful candidates for all parties. ‘Did not click the button’ Arguing on behalf of the ANC, Advocate Daniel Berger suggested the actions required to be taken to constitute a submission were not clearly defined. “The commission’s position is that because you did not click the button, as a matter of law, you are excluded from the election. “So, their position is informed by their interpretation of the law. They have made a decision that we are disqualified from participating in the election because we have failed to click the button. “We are asking this court to interpret the Municipal Electoral Act and to declare that the ANC complied with the election timetable in respect of the six municipalities and to direct the commission to process the ANC’s compliant nominations in those six municipalities,” “We are not asking this court to condone non-compliance. We are not asking this court to direct the commission to condone non-compliance,” said Burger. The IEC’s statement argued that by the ANC pre-empting the IEC’s decision to close the process by submitting an application to the Electoral Court, as well as its previous public comments on missing the deadline, left the party’s argument thin. “We are trying to show you by the chronology that no issue of interpretation arose, either in the form, shape or manner, as was presented to the court through this referral,” the IEC stated. ‘Deprived of an electoral choice’ Berger asserted that the submission cut-off was not a definitive deadline, adding that the IEC’s stance would infringe on the rights of voters. “The decision this court will make will determine whether hundreds of thousands of people will be deprived of an electoral choice on 4 November. “It is not neutral on the right to vote. Our interpretation clearly enfranchises rather than disenfranchises.” Judge Lebogang Modiba stated that the panel would require time to confer on the matter. “Let me assure you that it is not an easy matter; it is a difficult matter. But we found that the effort that you’ve put into preparing for the hearing has really assisted us. “We are reserving our judgment, we are adjourning the court to deliberate. Most likely we will hand down an order, at the latest first thing in the morning tomorrow, with reasons to follow, because it appears that there are important principles that are emerging from this matter that merit a considered judgment,” Modiba said on Tuesday evening.