A major showdown will take place in the Constitutional Court on Friday, 20 August, when it hears the Electoral Commission of South Africa’s urgent application to have the October Local Government Elections (LGE) postponed.
Various political parties and civil society organizations including the African National Congress (ANC), Democratic Alliance (DA), Inkatha Freedom Party (IFP), African Transformation Movement (ATM), One Movement South Africa, Makana Independent New Deal and the Forum for service delivery will be pleading their case as to whether the polls should proceed or not.
The Western Cape government, through its MEC of the Cooperative Governance and Traditional Affairs (COGTA), Anton Bredell in his capacity as the tenth respondent will also oppose the application.
In June, Former Deputy Chief Justice Dikgang Moseneke found that free and fair elections could not be held under the current situation after soliciting the views of over 4 thousand South Africans, political parties and medical experts amongst others.
Soon after, in order to fulfil her constitutional obligations, Co-operative Governance Minister Nkosazana Dlamini Zuma declared the 27th of October as the official day for the holding of elections.
The IEC, which accepted Moseneke’s recommendations that elections be postponed to no later than February next year, has launched an urgent application to the Constitutional Court to obtain judicial authorisation for the deferment.
Commission Chairperson, Glen Mashinini says the application has been launched on an urgent basis.
“The application is also launched on an urgent basis because there is a need for certainty on the preparations for the municipal elections. The Commission and electoral stakeholders are currently in an untenable position where preparations are proceeding for 27 October whilst at the same time anticipating the outcome of the Constitutional Court application for a possible deferral of elections to February 2022, ” says Mashinini.
Several political parties which either oppose or support the IEC’s decision have applied to be intervening applicants in the matter whilst non-governmental organization’s and lobby groups, like Freedom Under Law, the SA Institute of Race Relations, the Council for the Advancement of the South African Constitution and AfriForum have been admitted as friends of the court and will be allowed to make brief oral submissions when the matter is heard virtually on Friday.
In its heads of argument, the IEC is seeking alternative relief declaring that it is not in breach of the Constitution should it not hold elections by the end of October this year and allowing the Constitutional Court to play a supervisory role over it to allow for the poll to be held in six months’ time.
Amongst some of the political parties that are endorsing the IEC’s bid is the IFP and ANC.
ANC Deputy Secretary-General Jessie Duarte says the electorate needs to have a fair amount of time.
“We have developed our affidavits in view of the fact that we’re an interested party, and we’re interested in the basis that the electorate does need to have a fair time to question candidates beyond what the ANC’s process is doing, we have to take our manifestos to the ground and we have to do it properly and ensure that we will not be hampered by another wave of COVID,” says Duarte.
Whilst the likes of the DA, ATM and civic organisations like One Movement South Africa are on the offensive. ATM President Vuyolethu Zungula says the Constitutional Court does not have the powers to amend the Constitution.
“The Constitutional Court has no powers to amend the Constitution only Parliament has got the powers to do that. All people, all institutions in our country must respect and abide by the Constitution. The elections must go on in accordance with the Constitution. Other countries have successfully held elections. Recently Zambia went to the elections.”
The Commission is of the view that if the elections are held in February, they would be likely to be free and fair as many more citizens would be vaccinated.
IEC reflects on Moseneke’s report:
To date, 9.5 million South Africans have had at least one vaccination, but despite vaccine availability, the number of those being inoculated is dwindling below the Health department’s target of 200 thousand people a week.
Research Director at the Human Sciences Research Council, Ben Roberts says he is concerned about the percentage of people in the country who are still not vaccinated.
“72% of adults 18 years and above were willing to take a vaccine if offered to them. Whereas 28 % were not relative to the third round of late December early January. That’s when we found 67 % hesitancy. So what we are seeing is an important increase relative to earlier in the year. I think that is something that needs to be celebrated, but obviously, the fact that we still have 28% who are hesitant is a concern, particularly as the voting progresses,” says Roberts.
Factors affecting access to vaccines for poorer people as well as an inadequate government communication strategy on the safety and efficacy of vaccines are some of the reasons that have been cited for people’s hesitancy. It will likely be a key factor in the Constitutional Court’s determination.
Meanwhile, political parties and independent candidates planning to contest the local elections have until the 23rd of August to submit their candidate lists as well as nomination or ward candidate details.
People who are 18-year-olds and older will be eligible to get their COVID-19 vaccinations from Friday, August 20
Vaccination of this age group was only supposed to start on September 1 but the Deputy Director-General in the Department of Health Dr Nicholas Crisp said on Wednesday that there were enough vaccines in the country to move the date forward.
