IEC’s decision probably aligns with the Constitutional Court order that the election be proclaimed again
to reopen candidate registration is a rational one and probably in keeping with the Constitutional Court’s order that the election be proclaimed again and voter registration be held.
It was the fact that the Electoral Act did not make provision for this second right that caused it to declare the act unconstitutional in June 2020. Parliament has now been given the task of rectifying the Electoral Act to provide for individuals to stand as well. The other clause that has caused difficulty is that in which the court explicitly says that the EFF’s conditional plea to reopen the lists is dismissed. This, the IEC has taken to mean, refers only to a particular reopening of the candidates’ list in isolation of the rest of the process. It does not mean that lists cannot be reopened if the timetable as a whole changes.
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