OPINION

Call for objections against political party candidates – HSF

Francis Antonie says anyone who knows that any candidate is disqualified should lodge a complaint at IEC

Notice: Call for objections against political party candidates

29 March 2019

The national and provincial party lists have been published by the Independent Electoral Commission. They can be accessed here.

Section 47(1) of the Constitution provides that:

Every citizen who is qualified to vote for the National Assembly is eligible to be a member of the Assembly, except— 
(a) anyone who is appointed by, or is in the service of, the state and receives remuneration for that appointment or service, other than— 
(i) the President, Deputy President, Ministers and Deputy Ministers; and                      
(ii) other office-bearers whose functions are compatible with the functions of a member of the Assembly, and have been declared compatible with those functions by national legislation; 
(b) permanent delegates to the National Council of Provinces or members of a provincial legislature or a Municipal Council;
(c) unrehabilitated insolvents; 
(d) anyone declared to be of unsound mind by a court of the Republic; or 
(e) anyone who, after this section took effect, is convicted of an offence and sentenced to more than 12 months imprisonment without the option of a fine, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic, but no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired. A disqualification under this paragraph ends five years after the sentence has been completed.

Section 106(1) of the Constitution provides that:

Every citizen who is qualified to vote for the National Assembly is eligible to be a member of a provincial legislature, except— 
(a) anyone who is appointed by, or is in the service of, the state and receives remuneration for that appointment or service, other than— 
(i) the Premier and other members of the Executive Council of a province; and 
(ii) other office-bearers whose functions are compatible with the functions of a member of a provincial legislature, and have been declared compatible with those functions by national legislation; 
(b) members of the National Assembly, permanent delegates to the National Council of Provinces or members of a Municipal Council;
Sections 106(1)(c), (d) and (e) are the same as Sections 47(1)(c), (d) and (e).

Anyone who knows that any candidate is disqualified should lodge an objection with the Independent Electoral Commission by 5 p.m. on Tuesday 2 April

Issued by Francis Antonie, Director, HSF, 29 March 2019