Political contest moves from the courts to the voting booth

The Constitutional Court handed down a key decision on Monday that was meant to dispel uncertainty about candidate registration for the 2021 local government elections. Unfortunately, that might not be the case as some political parties signalled they might challenge the eventual results of the polls due to be held on November 1. For the legitimacy of the process and the longer-term prospects of SA’s democracy, we hope it doesn’t come to that.

Ideally, the parties will crack on, maximising the six weeks before the polls open, and all those involved in crux litigation over the elections, including the Electoral Commission of SA (IEC), will do well to think long and hard about when they next approach the courts.

In turn, the Constitutional Court should review when it grants direct access, how it manages cases and what amounts to good administration. It took the court 16 days to publish its reasons for the order dismissing the IEC’s application to postpone the 2021 elections until early 2022.

That delay caused temporary uncertainty, if not harm. Meritorious cases demand the court’s attention. However, political contest should only reach it where justified.

Flowing from the IEC’s decision to reopen registrations and the DA’s loss in the apex court on Monday, the close of business on Tuesday is the cut-off date for candidates who missed the first deadline. However, the IEC will issue the full candidate list only next Wednesday. The data will be telling. It will reflect how many parties benefited from the reopening of candidate registration, and to what extent the IEC’s decision changed the line-up.

The DA’s loss brought to an end what its critics slated as opportunistic and reckless litigation. The EFF, IFP and African Transformation Movement counted among DA allies in the case, even though — unlike the DA — they did not have representatives in every one of the 4,468 wards countrywide.

These parties may well stick to their guns, insisting that in reopening candidate registration the IEC took a decision which disproportionately benefited the ANC. The composition of the final candidate list may support this view, as the governing party closes the gap after it failed to register candidates in 93 municipalities by the original deadline.

From another perspective, however, the IEC’s decision benefits all candidates who failed to register by the initial deadline of August 23 — those representing political parties and independent runners. The DA was an outlier in this respect. It was arguably in the interests of fair competition to allow for another round of candidate registrations, notwithstanding the ANC’s failure to get its (indebted) house in order on time.

Broadly speaking, the IEC’s decision to allow for another round of candidate registrations may well serve the wider interests of a credible election. If parties are aggrieved about the running of the 2021 local government elections, and if they have undeniable proof of mischief, they may litigate.

In a briefing following the defeat, the losing applicant furthered its criticism of the IEC. DA leader John Steenhuisen said that while the party’s focus is now its campaign, it will be watching the IEC like a hawk.

In contrast, ANC spokesperson Pule Mabe reacted positively to the ruling. Mabe linked the right to register as a voter with the right and responsibility of running as a candidate. He insisted the ANC is capable of meeting Tuesday’s deadline for candidate registration. By way of explanation for the ANC’s tardiness and failure to list candidates by August 23, he said the Covid-19 “monster” created abnormal circumstances.

It is up to political parties to compete on the strength of their candidates, their track records (or not) of serving electorates and the merits of their offerings. A proper approach for the IEC — and, indeed, all political parties — is that which guarantees free and fair elections for all. As it is the first time that polls will open nationwide during the pandemic, voters’ safety is crucial, too.

IT WAS ARGUABLY IN THE INTERESTS OF FAIR COMPETITION TO ALLOW FOR ANOTHER ROUND OF CANDIDATE REGISTRATIONS