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- The Constitutional Court dismissed the DA's application to prevent the IEC from reopening candidate registrations.
- This means the ANC has another opportunity to register candidates in the municipalities where it failed to meet the previous deadline.
- The court didn't find any evidence that the IEC acted with bias in reopening the candidate registrations.
The Constitutional Court has dismissed the DA's application to declare the Electoral Commission of South Africa's (IEC) decision to reopen candidate registrations unlawful and invalid.
This effectively means that the ANC, which failed to register candidates in 93 municipalities after missing the initial deadline, would have the opportunity to participate in the elections in these municipalities.
The unanimous judgment was handed down on Monday without an oral hearing by the court.
Two weeks ago, the IEC announced voter and candidate registrations would be reopened after the Constitutional Court dismissed its application to postpone the local government elections to next year.
Last month, the ANC approached the court to have the candidate registration process reopened, but withdrew its application at the last hour.
Similar past applications by the IFP and NFP had also failed.
The DA then launched its court application to have the IEC decision declared invalid and unlawful, and set aside.
READ | Local elections: DA heads to ConCourt to nullify IEC decision reopening candidate registration
The DA's application was supported by the IFP, EFF, ATM and the South African Institute of Race Relations. ActionSA also opposed the extension. The application was opposed by the IEC, Minister of Cooperative Governance and Traditional Affairs Nkosazana Dlamini-Zuma, the ANC and Freedom Under Law.
According to the IEC, the ACDP, AIC, Al Jama-ah, COPE, FF Plus, Good, PAC and UDM supported extending the deadline.
"Certain parties failed to meet the candidate cut-off date of 23 August 2021. Notably, the ANC failed timeously to submit its party lists and ward candidate nominations in respect of 20 municipalities and 598 wards. In 13 of these municipalities, the ANC has comfortable majorities in the municipal councils, and has enjoyed these majorities in 11 of them for many years," Monday's judgment stated.
"One can thus understand why other political parties might object to an extension of the candidate cut-off date from 23 August to 21 September, since the extension would give the ANC an opportunity to remedy its failure to meet the previous candidate cut-off date whereas, without an extension, the ANC would be removed as a potentially successful political rival."
READ | This is about the right to stand for political office, Ramaphosa says as IEC gives ANC a lifeline
The Constitutional Court dismissed the DA's contention that its earlier judgment on postponing the election prohibited the reopening of candidate registrations.
The IEC argued that the reopening of the candidate nomination process was a necessary corollary to holding a voter registration weekend and that it was empowered in terms of section 11(2) of the Municipal Electoral Act 27 of 2000 to amend the election timetable.
The Constitutional Court held that it was doubtful whether section 11(2)(b) was applicable because the election date, in this case, was not postponed but rather, Dlamini-Zuma's proclamation was set aside with the effect that there was no election date at all.
The court also held that granting a candidate cut-off date would be consistent with the legislative scheme.
"This judgment does not detract from the importance of adherence to deadlines imposed by election timetables. Our decision is concerned with the commission's power to amend timetables in terms of section 11(2). When that power is lawfully exercised, it inevitably changes the deadlines, in which event there must be compliance with the amended deadlines.
"Self-evidently, it would be improper for the commission to exercise its power of amendment in order to favour one particular party, but on the papers we cannot find that the commission's proposed amendment will be vitiated on this basis."
The DA alleged that the IEC's decision was biased and improper and inconsistent with the even-handedness demanded of an independent electoral body. The EFF alleged that the ANC would benefit disproportionately by the extension of the cut-off date.
However, the court didn't find any evidence of bias on the side of the IEC.
"Given the urgency of the present proceedings and the fact that we did not hear oral argument, we do not finally decide the question whether the commission's decision is impeachable on the ground of ulterior motive," read the judgment.
"If, after the event, the DA or other political parties consider that the elections in particular municipalities were not free and fair because of alleged bias by the commission in extending the candidate cut-off date, this judgment will not preclude such challenges. The papers in the present case have not persuaded us, however, that the commission's proposed decision to extend the candidate cut-off date, when and if it is eventually taken on 20 September 2021, will be unconstitutional and unlawful."
The court didn't make a costs order.
