ActionSA leader Herman Mashaba has slammed what he calls the “ulterior motives” of the ruling African National Congress (ANC) and Economic Freedom Fighters (EFF) to delay the 2021 local government elections to 2024.

Addressing a virtual webinar, Mashaba said the motives underlying this call have nothing to do with protecting South African voters but rather protecting the political self-interest of the ANC and EFF.

“All of us, my family included, have lost loved ones. I still believe the elections can be held and held safely. We cannot allow parties like the ANC and the EFF to deny South Africans their right to vote,” he stated.      

EFF leader Julius Malema has said that running the elections during the pandemic would constitute an undermining of democracy and put lives at risk.                      

Former vice chairperson of the Electoral Commission Terry Tselane said any effort to delay the 2021 elections would require the Constitution to be changed.

He explained that while the Constitution and legislation do anticipate moments when there could be postponements.

“The Local Government Municipal Electoral Act indicates that the Commission [IEC] can request the Minister to delay the election but still that postponement cannot take place outside the 90-day period of the date of the last election,” he added.

Advocate Mark Oppenheimer said it was important that South Africans were made aware of what the decision would be.

He said the Independent Electoral Commission (IEC) needed to send out a clear message to ensure that democracy survived the pandemic.

“Section 1 of our Constitution has a super protection. If you want to change this you require 75% of Parliament to amend anything in this section. It talks about the founding values of South Africa, one of them is this commitment to democracy where Section 1(d) requires regular elections. Any call for elections to be held on an irregular basis, and I understand the call is to delay the elections for 3 years, would be a breach of Section 1 of the Constitution,” he explained.

He added that Section 159 talks specifically about municipal elections and that they must be held every 5 years.

He noted that “there is room for some deviation, with a 90-day postponement period that could be accommodated", but added that elections must be held regularly, every 5 years.

Mashaba believes that the call to postpone elections stems from the fear of voter rejection.

“We do not live in a monarchy, we live in a constitutional democracy where, for you to be in public office, you should be there on the mandate of the voters. Are these political parties prophets to forecast the state of the pandemic later this year? It has more to do with a fear of facing the elections than the actual issue they are expressing concern for,” he believes.