IEC Commissioner Janet Love. (Frenny Shivambu/Gallo Images)
- The South African Electoral Commission (IEC) has rejected the Umkhonto Wisizwe Party's request for commissioner Janet Love to resign.
- The IEC wants the Constitutional Court to decide whether it exceeded its powers to invoke Article 47(1)(e) to prevent former president Zuma from contesting a parliamentary seat.
- Find everything you need to know about the 2024 general election here. News24's election hub.
The South African Electoral Commission (IEC) has said the Umkhonto Wisizwe Party's demand for chairwoman Janet Love to resign over allegations of bias is “baseless”.
Addressing the media on Tuesday, IEC CEO Sai Mamabolo said both the commission and Love had not “investigated” the matter.
“Personally, I will not be attending,” he said. [of] Absent substantial evidence of misconduct on the part of Director Love, there would be no basis for such a resignation. ”
Mamabolo was responding to calls from MK members that Love should resign following former president Jacob Zuma's comments about his candidacy.
In court documents appealing the commission's decision to bar Zuma from standing in the next general election, the MK Party said that Love had argued that Zuma was legally ineligible to run for parliament. and accused him of prejudging the issue. Criminal history.
The Electoral Tribunal ruled in Zuma's favor last week. The reason for the order has not yet been disclosed.
Last week, the commission asked the Constitutional Court to overturn the Electoral Court's decision allowing Zuma to contest the seat.
Mamabolo renewed his call for the Electoral Tribunal to provide reasons for ruling in Zuma's favor.
“The appeal is filed not against the judgment, but against the order of the court, and based on that order, we believe that a number of issues need to be clarified.”
According to Mamabolo, the IEC wants the Supreme Court to decide whether the Commission exceeded its powers in invoking Article 47(1)(e) in this matter.
He said, “At this point, there is no clarity as a country on that point. Did[Commissioner Janet Love]prejudge this issue to the extent that she should have stepped aside? I don't know if what she said was correct. No,” he said. Her comments in response to questions from the media actually prefigured the issue.
“We also need to know whether the sentence will be reduced in accordance with the court's order. We don't know that. So these questions need to be answered so that everyone is clear about the sentence before the court.” Consider not only the immediate issues, but also the future. ”
IEC Chief Electoral Officer Sai Mamabolo said the appeal is not to engage in political activities, but to ensure that constitutional provisions related to elections are clear and consistently applied to all stakeholders. The aim is to ensure fair elections. #SA election 24 pic.twitter.com/qzb6SHJ6pN
— IEC South Africa (@IECSouthAfrica) April 12, 2024
Asked whether Mr Love was still a member of the ANC, Mr Mamabolo said no one was obliged to reveal their party affiliation.
“In terms of the Election Commission Act, the person appointed to the Commission may not have a high political profile at the time of appointment. The constitution is similar, and the president is ultimately appointed based on the recommendation of a multiparty parliament. ”
Mr Zuma is not the only one to seek redress from the Electoral Tribunal, Arise SA, Operation Dudura Movement, People's Advocate, Cape Independence Party and Independent SA National Citizens' Group are also fighting for a chance to be elected to the Electoral Tribunal. It is reported that. Ballot paper.
Read | Court bid on Zuma election participation concerns legal certainty – IEC
Deputy CEO Masego Chebli has filed an election with the Electoral Tribunal, alleging that eight political parties have lodged objections to the schedule and that the nomination system has become dysfunctional to the extent that candidates and parties cannot meet the submission requirements. He said he had filed an application.
The Electoral Court rejected five issues. He added: “There were six other matters in court yesterday.” [Monday] – Virtually the same argument. The court has suspended its decision and is expected to issue an order by late tomorrow, even without cause. That determines when to start printing ballots. ”
Read | Zuma reinstated on IEC shortlist; freedom under law seeks reasons for court decision
Some of the matters being challenged in court directly affect the composition of various ballots, he added.
Chebli said the commission prides itself on being impartial and not making decisions based on personality. “If it influences your decision-making, you are no longer making decisions in an unbiased way.
“The Electoral Act imposes a number of responsibilities in relation to the candidate nomination process, and requires that the commission only accept candidates who are registered as voters and who are included in the candidate list. The constitution states that a person must meet certain conditions.
Read | Prime Minister Ramaphosa has 'no regrets' about granting remission to Zuma, who is using early release as a meal ticket
“Nowhere in the Constitution is there any mention of qualifications, except for Article 47 regarding parliamentary elections and Article 106 regarding local assembly elections.''
Mamabolo said the committee was concerned about the continued threat of violence prior to May 29.
He said “of course” the committee was concerned about attempts to destabilize the process.
he added:
The Committee is always concerned about the safety of people and property. Elections should never be an opportunity for people to lose their lives and property.
“Rather, it is an opportunity for voters to record their political choices in elections established in accordance with the provisions of the Constitution and law.”
Mamabolo said security agencies have a responsibility to ensure that elections are safe and incident-free. “I am confident that they have a plan in place to protect the elections, supplies, personnel, staff and property of all South Africans.”