ConCourt reserves judgment in ANC’s candidate list case

The Constitutional Court in Braamfontein, Johannesburg, has reserved judgment in the ANC’s challenge to the Electoral Commission’s (IEC) candidate nomination system, saying it will deliver its decision urgently.

The DA’s legal representative, Advocate Michael Bishop, argued that the ANC had not validly submitted its candidate lists because it failed to click the “Submit as Final” button.

Bishop warned that ruling in the ANC’s favour could create significant administrative difficulties, as dozens of other parties and more than 2 000 candidates were in the same position.

He argued that the IEC would be constitutionally required to treat all affected parties equally, potentially complicating ballot preparations and the holding of free and fair elections.

“If the ANC is correct and the law is that if you merely provided the information, you didn’t push submitters final, you must be on the ballot, you are contesting the election, it would not be a free and fair election unless it applied to all parties in the same position. That would not be rigid adherence to the law,” argued Bishop.

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