Hope Ntanzi|Published
The Electoral Commission of South Africa (IEC) says it was not intimidated by the African National Congress (ANC) during the dispute over its excluded election candidates, insisting that its decision to extend a Constitutional Court ruling to 32 other political parties was based on its mandate to ensure free and fair elections.
IEC chairperson Mosotho Moepya said the commission had acted according to its interpretation of the law and accepted the Constitutional Court’s ruling in favour of the ANC.
The court ruling concerned 181 ANC candidates, 130 proportional representation candidates and 51 ward candidates, who had been excluded from contesting the November 4 local government elections.
The IEC subsequently extended the ruling to 32 other political parties it considered to be in a similar position.
“The Electoral Commission has never been intimidated in doing its work, and we will never be intimidated,” Moepya said.
“We have taken an oath of office on the acceptance that we will do our work without fear, without favour and without prejudice. We stand by that. And we will never move away from that.”
Why the IEC included 32 other parties
Moepya said the Constitutional Court had dealt with the case brought before it by the ANC, but the IEC also had to consider the implications for other parties in similar circumstances.
“What was before the Constitutional Court was the case brought by the ANC. The Court was clear, at least in the hearing, we don't have the prison judgement. We have the order,” he said.
He said excluding parties in a similar position could raise questions about whether the election was being administered fairly.
“We know that if we include, or we understand rather, that if we exclude all other parties in a similar position as the ANC, even handedness in this election becomes an issue that arises,” Moepya said.
The commission had sought legal advice on the matter, he confirmed, adding that it had decided to proceed based on its own interpretation of its mandate.
“Yes, we have sought to clarify that with our legal advices. But advice is what you get and you can either accept or reject,” he said.
“Our view is that this is the correct way to deal with the matter.”
ANC Youth League president Collen Malatji criticised the IEC’s handling of the dispute, saying the commission should not act like a political party and should uphold its independence. His remarks came amid tensions over the exclusion of 181 ANC candidates, after the Constitutional Court ruled in the party’s favour.
IEC says it fears no political party
Moepya rejected suggestions that the commission had been intimidated by the ANC or that the dispute should be viewed as a fight between the IEC and the governing party.
“We have never been intimidated by the ANC. When they have raised this matter with us, we have been clear. There has never been a reason to fight outside of the law,” he said.
He said the commission had accepted the Constitutional Court’s decision and was focused on its responsibilities ahead of the elections.
“You would have noted, we have accepted when the Constitutional Court has spoken and we appeared. We said thank you and welcome to the ANC,” Moepya said.
He said the IEC respected the ANC and all other parties contesting the elections.
“I think that must really clarify the position of the Commission. We fear no one that does work with the Commission. There is no reason to do so,” he said.
Moepya declined to comment on the ANC Youth League’s position, saying he had not heard its remarks and did not consider it appropriate to respond at that stage.
He said the priority was to give political parties certainty so they could continue preparing for the elections.
“I just want to say that this matter truly needs to give the nation and every one of us certainty about what we are doing going forward.
''To allow political parties that have submitted their nomination requirements in terms of the law, even as clarified by the order of the Court yesterday, to proceed to do their election business. And for us to prepare for that work,” he said.
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