IEC opens up election list objection window

The Electoral Commission of South Africa (IEC) has made the lists of the independent and political party candidates available for inspection with any objections.

The Electoral Commission of South Africa (IEC) has made the lists of the independent and political party candidates available for inspection with any objections.

Published Mar 27, 2024

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The Electoral Commission of South Africa (IEC) has made the lists of the independent and political party candidates available for inspection with any objections having to be submitted on Wednesday.

The focus in terms of objections appears to be firmly on the ANC and the MK Party, with both parties in court in Durban on Wednesday over the uMkhonto weSizwe trademark. This comes after the ANC failed in its bid to challenge the IEC’s registration of the MK Party.

The IEC on Tuesday said that there were 42 candidates appearing on more than one party list implicating 39 parties. Furthermore, one candidate was nominated as an independent and also appeared on a list of a party.

The commission said the lists of independent and political party candidates would be available for inspection at its national office, each of its nine provincial offices and local offices in each municipality until 5pm on Wednesday.

The commission said a total of 14 662 candidates had been nominated to contest the 887 seats available in the National Assembly and nine provincial legislatures.

A total of 4 323 candidates have been nominated to contest the seats in Parliament available to parties only, 2 596 have been nominated to contest the provincial seats for parties and independents, and 6 743 have been nominated to contest seats in the provincial legislatures for independents and party candidates.

Objections to nominations must be lodged by Wednesday.

The ANC list will be scrutinised, with the party sticking to its decision to include dozens of candidates who have been implicated in the state capture report while it excludes prominent leaders who are facing criminal charges.

An extended special NEC (national executive committee), as part of guidelines applying to the list process, said that those who are charged should not be on the list, but those implicated at the Zondo Commission but have not been charged should be included.

Those included are heavyweights Gwede Mantashe (Minister of Mineral Resources and Energy and ANC national chairperson), Zizi Kodwa (Minister of Sports, Arts and Culture) and Khumbudzo Ntshavheni (Minister in the Presidency), Water and Sanitation Deputy Minister David Mahlobo, former public enterprises and finance minister Malusi Gigaba, and MP Cedric Frolick.

They have applied for a review of the commission’s findings.

Former president Jacob Zuma, who now leads the MK Party, was handed a 15-month sentence in​ 2021 for refusing to testify at the state capture inquiry but was released on medical parole after two months due to a remission of sentence for non-violent offenders approved by President Cyril Ramaphosa.

Sections 47 and 106 of the Constitution state that a citizen is eligible to be a member of the National Assembly or provincial legislature except if they are “convicted of an offence and sentenced to more than 12 months’ imprisonment without the option of a fine … A disqualification under this paragraph ends five years after the sentence has been completed”.

The MK Party said this was in reference to a criminal and not a civil matter and Zuma’s was not a criminal case.

Objections can range from failing to submit the signed prescribed acceptance of nomination, to absence of a signed undertaking and being bound by the electoral code of conduct.

Others disqualified include people appointed by or in the service of the state and who receive remuneration for that service or appointment, and unrehabilitated insolvents.

The rules also disqualify anyone declared to be of unsound mind by a South African court and anyone convicted of an offence and sentenced to more than 12 months’ imprisonment without the option of a fine.

The IEC will deliberate on all objections and announce a decision by Thursday, March 28.

A final list of candidates will be released on April 10.

Political analyst Professor Ntsikelelo Breakfast said the ANC had taken a “soft approach” to those who had been implicated at the Zondo Commission and was “not taking renewal seriously”.

“What does it mean to the electorate if parties have names of people on their lists who have been compromised.”

The Mercury