IEC files notice to oppose DA bid to block reopening of candidate nominations

The DA wants the Constitutional Court to declare the IEC’s decision to allow for candidate nomination registration as invalid, unlawful and unconstitutional.

CEO of IEC Simon Mamabulo addresses those gathered at the IEC ROC for the election results. Picture: Thomas Holder/EWN.

JOHANNESBURG - The Independent Electoral Commission (IEC) on Tuesday filed a notice of opposition to the the Democratic Alliance's (DA) application to the Constitutional Court to block the electoral body from reopening the candidate nomination process.

It has described the main opposition’s bid as both untenable in law and premature.

The DA wants the Constitutional Court to declare the IEC’s decision to allow for candidate nomination registration as invalid, unlawful and unconstitutional.

It has argued that the IEC’s understanding of last week’s Constitutional Court order for the elections to go ahead and for voter's registration weekend to go ahead as flawed.

The African National Congress (ANC), which stands to benefit the most from the IEC amending the timetable, due to its failure to register candidates for 93 municipalities has also indicated that it will oppose the DA’s application.

Untenable in law, premature in facts. This is how the IEC has described the DA’s court bid.

It’s accused the party of putting the Constitutional Court in a position to second-guess the commission’s ability to hold proper elections in the middle of an electoral process.

The IEC goes further, saying that the main opposition has failed to afford it the respect of making decisions that fulfill its constitutional duties of delivering a free and fair election.

While the IEC agrees with the DA on it seeking direct access to the apex court on an urgent basis, it has asked that the matter be dismissed without the need for a hearing.

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