The DA has emerged victorious in its case against the Independent Electoral Commission (IEC), ensuring the inclusion of more voting stations abroad for the 2024 elections.
The ruling comes after the DA approached the court in February, urging the inclusion of all embassies, high commissions, and consulates as voting stations for the elections.
Reads a court order: “Having heard counsel for the parties and having read the papers filed for record, the following order is made: The application for condonation for the late filing of the review application is hereby granted.
Special votes
“It is declared that the word ‘consulate’ in Section 33[3] of the Electoral Act 73, 1998, includes a consulate headed by an honorary consul.
“To the extent that the electoral commission made a decision not to allow the casting of special votes at consulates headed by honorary consuls, the decision is reviewed and set aside. No order is made as to costs.”
According to Helen Zille, the DA’s federal chairperson, the impetus for this action stemmed from complaints from South Africans residing in Perth, who advocated for the opening of the honorary consulate as a voting facility.
However, the high commission in Canberra had initially argued against this move, citing that the Perth consulate could not be used for voting as it was “not headed by transferred staff from South Africa”.
Reacting to the court’s ruling, Zille expressed satisfaction, stating: “The DA considered this position to be both unlawful and irrational.
Distinction between consulates
“The party argued that the IEC and the Department of International Relations and Cooperation shouldn’t make a distinction between consulates run by honorary consuls and those by ‘transferred staff’.
“The Electoral Court has now confirmed this position.”
Zille emphasised the significance of this decision, particularly for the more than 40 000 South Africans living in Perth and other affected cities.
“For the more than 40 000 South Africans living in Perth, as well as other cities where this judgment will be effective, this is an enormous victory,” said Zille.
“The DA will monitor the IEC to ensure the practical implementation of this decision as well as to confirm the number and location of all additional voting stations.”
