The Electoral Court dismissed an application by the ANC on Tuesday, to allow it to contest 12 by-elections taking place in the Western Cape on Wednesday.
The ruling party took on the Independent Electoral Commission, after it was excluded from contesting for eight wards in the City of Cape Town and four in the Cedarberg Municipality, because it missed the deadline to register its candidates.
The IEC said it’s ready to open voting stations in the 27 wards at 7am on Wednesday morning, but the ANC has come back fighting, launching yet another application to have voting in the 12 wards where it was excluded, postponed.
ANC to appeal IEC decision
09/12/2008 21:57 - (SA)
Johannesburg - The ANC will appeal Tuesday's Electoral Court decision which excludes the party from taking part in several Western Cape by-elections.
"The ANC is concerned that voters in the Cape Metro are being denied their right to vote for a candidate of their choice based on a technical problem within the IEC," said party spokesperson Jessie Duarte.
"The ANC has decided to appeal the decision of the Electoral Court."
The Electoral Court in Bloemfontein dismissed an application by the ANC in the Western Cape to contest Wednesday's by-elections in the City of Cape Town and the Cederberg Municipality.
The party took the Independent Electoral Commission to court after 12 of its candidates were excluded from standing in the by-elections. The ANC missed the deadline to register its candidates and to pay their deposits to the Electoral Commission.
"The ANC candidates were on time at the IEC provincial office and had taken cash with them as well as a cheque to register 12 candidates," said Duarte in a statement after the court ruling.
The Electoral Court held that on the ANC's own version, section 17 of the Municipal Electoral Act and the timetable set by the Electoral Commission, were not complied with.
According to the court papers, provincial secretary Sipho Kroma said the nomination forms had to be accompanied by a bank-guaranteed cheque for the prescribed amount
I had the misfortune once for asking the Department of Environmental Affairs for a period of grace/extension or exemption, not sure what they called it then, for being late with an Application for Fishing Rights on my parents behalf.
I handed a letter into Minister Van Schalckwyk's hands, I sent a fax to the Minister, I sent a registered letter to the Minister, amongst a whole lot of other correspondence to his Departments below him, all registered and/or faxed. I even went in and waited outside his office.
To date I have never received a reply or acknowledgement of my efforts to make contact.
>I heard recently some other people who were seeking Fishing Rights even had Ex Foreign Minister Pik Botha send in a letter to Van Schalkwyk. VS used to work for Pik at one stage. Not even an answer to the letter. Fsckall. They just copped you a deafie.
Secretary general Gwede Mantashe was dismissive about the fact that the ANC would not be competing in twelve of today’s by-elections, saying that “Shikota” (The Congress of the People) should enjoy the Christmas present they received from the Independent Electoral Commission - while it lasted.
“You can have the elections (today), but when we take the case to Constitutional Court (even if it is only heard) in February, the elections (could be) nullified, and we will have to rerun those elections,” said Mantashe.
He said there was “something very strange” in the process and the decision which saw the ANC being excluded from today’s elections, hinting that the Electoral Court and the IEC were not above board in their actions.
The Electoral Court in Bloemfontein dealt the ANC a blow by dismissing its application to overturn the IEC’s disqualification of ANC candidates who were not registered in time.
The court, chaired by Supreme Court of Appeal Judge Kenneth Mthiyane, found that making an allowance for the ANC would not only “lower the standard of excellence the Electoral Commission has set for itself”, but would also “open the door to a shambolic free for all”.
A senior ANC official in the province told the Mail & Guardian: "We [the ANC] were simply too slapgat and arrogant to register our candidates with the IEC by the cut-off date.