The fate of three political parties vying for inclusion in the upcoming elections hangs in the balance as the Constitutional Court has reserved its judgment in the matter.
The Deputy Chief Justice, Mandisa Maya, acknowledged the urgency of the matter and assured the court’s attention to the looming deadline.
“Judgment is reserved. We are aware of the urgency surrounding the matter and the looming deadline,” Justice Maya said on Wednesday.
The controversy is around the exclusion of these parties. These include the newly formed Labour Party, the Afrikan Alliance of Social Democrats and the African Congress for Transformation (ACT). They were excluded from participating in the upcoming May 29 elections.
Exclusion unjust
The parties approached the Constitutional Court, arguing that their exclusion was unjust. They cited technical issues with the Independent Electoral Commission (IEC)’s online portal.
During the proceedings on Wednesday, the Labour Party contended that the failure to upload required information by parties that were excluded indicates inefficiencies within the IEC’s system. They disputed the notion that only a handful of parties encountered difficulties, presenting evidence of a significant failure rate.
Advocate Chris Loxton represents the Labour Party. He argued vehemently against the IEC’s assertion that its systems were functioning adequately.
“There were 64.7% of the parties that attempted to upload the information managed to do so by the deadline. [The other] 35.3% were unsuccessful. In their heads of arguments the Commission (IEC) acknowledges the correctness of that calculation. They give you a figure of 35% failure. …Look at the answering affidavit, then look at the IEC’s heads of argument, and see there are frequent references to a handful or very small minority of parties who are unable to upload the information in time. [It claims] that the vast majority of those who managed to do so did so successfully.
IEC system failure blamed
“That’s just untrue, 35% failure rate is not a small minority. And 65% is not a vast majority. What it indicates is that despite the glowing reports from the service provider who said their system is working well, and the argument that if some could do it everyone could do it, there were significant difficulties,” Loxton argued.
He likened the situation to a hypothetical scenario where a bank’s app fails for 35% of its users. Loxton stated that such a failure rate indicates serious issues.
“If a bank, for example, were to put an app onto the market and they found that 35% of their customers were unable to use the app, they would withdraw it. They would reach the conclusion that whatever its merits, it was not fulfilling its purpose. And however much the IT people told them that there was nothing wrong with the app, the proof would be in the pudding. [In] how many people could actually use it successfully,” the Labour Party argued.
The Electoral Court had previously ruled in favor of the IEC. It asserted that the online nomination system operated smoothly. The parties were responsible for their failure to meet the submission deadline, is said. It also emphasised the importance of adhering to election timetables for maintaining the integrity of the electoral process.
Call for postponement of the elections if IEC wins case
The Labour Party argued for a postponement of the elections if the court ruled in their (IEC’s) favour. It cited concerns over the fairness of holding elections with excluded parties.
On the other hand, the African Congress of Transformation (ACT), led by Ace Magashule, presented a different approach. ACT sought a two-hour grace period to submit outstanding documents. This without calling for a complete review of the electoral timetable.
The IEC, however, opposed these applications. It asserted that reopening the submission window would be costly, and that the online portal functioned properly.
The commission further contended that a set timetable provided ample opportunity for all parties to utilise the system effectively. Therefore, had the three parties engaged with the system sooner, they could have identified and addressed the glitches in a timely manner.
