The ConCourt has dismissed the DA’s application to declare the reopening of the candidate registration process by the Electoral Commission as unconstitutional, unlawful and invalid.
The DA, supported by the IFP and EFF, raised its objections and lodged an urgent application to set aside the IEC’s decision.
In its papers, the DA said the decision was unconstitutional and unlawful because the reopening decision gave the ANC a desperately needed lifeline after it failed to nominate candidates in more than 100 municipalities countrywide before the cut-off date.said in an affidavit that the ConCourt’s decision allowed for the reopening of the voter’s roll due to the voter registration drive and not the candidate registration process.
“It is not a licence to make amendments that are unconnected to reopening the roll and which the commission already decided not to make. Yet that is what the commission has done,” he said.The DA also said the reopening of the process would unduly benefit the ANC. Responding to this assertion, the judges said: “The court held that it was not possible on the papers and in conformity with the Plascon-Evans rule to reject the commission’s denial of those imputations.
“In respect of the DA’s contention that the court’s refusal to grant the EFF relief in the main application was a judicial determination, the court rejected this contention. The court held its refusal did not imply the candidate cut-off may not be extended.”
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