DA’s PR list case based on assumptions: Judge Modiba

Electoral Court Judge Lebogang Modiba has questioned the Democratic Alliance’s argument that certain political parties unlawfully circumvented electoral laws by submitting only one proportional representation candidate ahead of next month’s local government elections.

Proceedings are under way in the Electoral Court, where the DA is challenging ActionSA, Economic Freedom Fighters (EFF), uMkhonto WeSizwe (MKP) Party and GOOD Party over their proportional representation candidate lists submitted for the 2026 local government elections.

The parties have submitted one name for their proportional representation lists.

Modiba put it to the DA’s counsel, Advocate Anton Katz, that findings of bad faith, dishonesty or circumventing the law are serious and require strong evidence.

She expressed concern that the DA appeared to rely on the assumption that the parties “knew” they would win more seats than the number of candidates they had listed.

“No, but my problem, Mr. Katz, my problem with the DA’s case is the DA relies on this knowing factor and leads to a finding of in fraudem legis, bona fides or dishonesty. For me, that is shifting. The DA must establish more to achieve such findings, because those are very serious findings to make against the party.”