Should failing to click a button exclude the ANC? ConCourt hears candidate deadline arguments
The ANC risks having its candidate missing from six municipalities in the Free State and Eastern Cape.
The Constitutional Court is deliberating on whether failing to click a button in the online candidate nominations system disqualifies the ANC from participating in six municipalities in the Eastern Cape and Free State. The IEC and ANC's legal teams argued over whether the Electoral Act or the IEC's online candidate nominations system (OCNS) took precedence.
The ANC contends it complied with the requirements by uploading all necessary forms and documents before the deadline, while the IEC contends all parties were given clear instructions on online submissions. Deputy Chief Justice Dunstan Mlambo pointed out the ANC had complied with the OCNS parameters in all other municipalities, forcing the lawyer to change tact.
The ANC argues there is no issue with the button, only the interpretation that says if you don't press the button, you are excluded from the election. The IEC argues that the issue lies in whether the IEC has the power to prescribe electoral regulations, including the operational requirements of electronic systems, and if parties are allowed to selectively follow rules. The court is yet to determine when a ruling will be expected.
Written by urgent.news from The Citizen's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.