By Lehlohonolo Lehana.
The newly formed Labour Party of South Africa, which has its roots in the labour union Amcu has suffered a blow after Pretoria High Court dismissed (with costs) its bid to seek an extension to the 8 March candidate list submission deadline.
At its debut press briefing at Constitution Hill in Johannesburg, the Labour Party said it was striving to meet the deadline, but was seeking to have it extended in court.
“The Labour Party contended, in short, that without this interdict it seeks through the high court, the elections will not be free and fair. The Labour Party is not the only affected party, and absent the interdict, there is an adverse effect [on] the integrity of the elections.”
The party claims that it has 65,000 signatures of support but uploading them takes, well, time, and that it will be pressed to meet the deadline set out in newly amended IEC regulations for new and smaller parties to get on the ballot.
Judge Omphemetse Mooki questioned, why the Electoral Court was not the better forum to ventilate the party’s concerns. The Judge ultimately did not agree that the powers of the Electoral Court are as limited as purported by the party.
“Section 20 of the commission act and section 96 of the electoral act deal with powers, duties, functions and jurisdiction of the Electoral Court. From these provisions as well as the legislative context within which they appear, it is clear that the Electoral Court is intended by the legislature to be a mechanism to deal expeditiously and urgently with reviews of and appeals against decisions of the commission.”
The Independent Electoral Commission meanwhile has refuted allegations that it is making it too difficult for new parties to compete in this year’s election.
IEC Deputy Chief Electoral Officer Masego Shiburi says Parliament is responsible for drafting the laws, and the commission merely implements the legislation.
“The commission is a creature of statute. In other words, we don’t make the laws; we only exercise powers that are in the law. We don’t make the law, but the parliament make the laws.
“The requirements for parties to contest are determined in terms of the Electoral Act passed by Parliament, and that has been like that since June 2023. We don’t make the rules but only implement those rules.”
Elsewhere the South African Rainbow Alliance (SARA) has managed to submit all the required documents to the IEC.
The new party, led by former Joburg council speaker Colleen Makhubele, made the announcement in a statement on Friday.
Makhubele was fired from her former party, the Congress of the People (Cope), last November after falling out with party leader Mosiuoa Lekota over the formation of the SARA.
As SARA guns for a seat in Parliament, Makhubele said one of her priorities is ensuring that more women participate in the movement to provide essential leadership needed in South Africa.
“Women’s participation and leadership are essential to the change we need in South Africa right now.
“Women’s votes will be the swing vote and decide the future of this nation. The electorate has shown confidence in SARA, and it’s a clear indication that the general sentiment is that Only a Woman on Top Can Change South Africa,” said Makhubele.
Makhubele said the candidate list would highlight its intention to achieve gender parity and merit-based appointments.
“We can’t wait to share our candidate list, which will be a clear indication of achieving gender parity, generational mix, merit-based appointments and competence and moral clarity in politics.”
Independent candidates and registered political parties intending to contest the general elections on May 29 had until 5pm today to submit nomination requirements to the IEC.