By Lehlohonolo Lehana.
The Constitutional Court has dismissed the non-profit organisation Rivonia Circle and Build One South Africa bid to challenge the Electoral Amendment Act.
The challenge aimed at provisions around the submission of candidate lists ahead of elections on 29 May.
They are also challenging the signature requirements for parties not represented in the National Assembly.
This means political parties will now have to meet around 15% of the quota for a specific region as obtained in the last election, and not the 1,000 like independent candidates, as they had hoped.
In the ruling, which was handed down on Monday, the Constitutional Court found that it was not in the interest of justice to entertain the application – which was brought on an urgent basis in December.
The court highlighted that the Electoral Amendment Act was enacted eight months prior – in April – and said the applicants had failed to show any justification for why they did not go to court earlier.
It said with the president now having proclaimed an election date, the court risked causing “disruptions and uncertainty” in the preparations if it entertained the application.
Build One South Africa leader Mmusi Maimane believes the rules put in place for this year’s general elections are designed to suit parties already represented in Parliament.
“Obviously, like any South African, we are deeply concerned about the way the rules have been made to suit parties that are represented in Parliament. The IEC has dragged its feet on issues that speak to signature provisions, issues that we have taken them to the Constitutional Court on, and now the ConCourt is saying they will only hear those issues after the election, “said Maimane.
The Independent Electoral Commission published the election timetable for the 2024 general elections on Monday.
The IEC announced the timetable for the 29 May election, with the 4 March being the final day for submission of nomination documents.
The timetable outlined all the key cut-off times and dates for performing electoral activities.
Voters will have three ballot papers for the first time due to the participation of independent candidates.
The number of registered South Africans at home and abroad now sits at 27.6 million.
The IEC will publish the final lists of candidates on 10 April, and thereafter, certificates of candidature will be issued to certified candidates on 12 April.
Maimane said this year’s election must be free and fair, and there is a need for South Africans to guard against any form of vote rigging.
“We want a free and fair election that’s without confusion. Already, all the allegations that are taking place, saying that elections are not going to be free and fair and that there is potential rigging of the elections. We have to safeguard ourselves against that as South Africans to make sure that ultimately when people go vote, the will of the people is expressed at the ballot.”