The Constitutional Court has heard that the Electoral Commission (IEC) failed to comply with Section 28 of the Electoral Act when it allegedly did not notify parties on their failure to comply with Section 27 of the Act.
According to Section 28, if a registered party that has submitted a list of candidates has not fully complied with Section 27, the Chief Electoral Officer must notify that party of its non-compliance.
The Afrikan Alliance of Social Democrats is one of three political parties that have sought the urgent relief of the Apex Court ahead of the May 29th general elections.
The party alleges that it could not comply with Section 27 due to alleged technical glitches with the IEC’s online portal.
Counsel for the party, Motebang Ramaili, “If I’m not complying, it becomes incumbent upon the IEC to have informed us immediately that we do not comply. The notification must be given within the prescribed manner but not later than the prescribed dates in the Election Timetable. So, how it assists us is that I may not have complied but IEC tell us, that we do not comply and give us an opportunity to rectify. It assists us in those instances.”
