IEC proceeds with election preparations, awaits ConCourt decision
The Electoral Commission of South Africa (IEC) said on Wednesday it is currently in an “untenable position” as it prepares for the October 27 local government elections, while waiting on the outcome of a Constitutional Court application for a possible deferral of the elections to February 2022.
Following the release of the Moseneke report, which recommended a postponement of the elections owing to the Covid-19 pandemic, the IEC launched an urgent application with the Constitutional Court.
The IEC is also seeking an order that will allow municipal councils to be declared competent until new officials are elected.
On Tuesday, Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma proclaimed October 27, 2021 as the date for municipal elections, and the IEC is calling for her to withdraw the notice and set a new date for the elections before February 28, 2022.
IEC chairperson Glen Mashinini said the application was directed to the Constitutional Court owing to weighty constitutional matters involving the balancing of rights enshrined in the Constitution.
He said the application will undoubtedly offer the Constitutional Court another opportunity to contribute to the evolving jurisprudence of the IEC’s constitutional order.
“The nature of the relief sought by the Commission is largely predicated on impossibility to perform a constitutional obligation which is the conduct of constitutionally compliant elections of municipal councils by 1 November 2021, owing to the Covid-19 pandemic and the measures that government has instituted to curb the spread of the virus,” said Mashinini.
He stated that the Commission asks the Court to assume ongoing supervisory jurisdiction, requiring the Commission to report to the Court periodically on its progress in arranging constitutionally compliant local government elections in February 2022.
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