LGE2016: ConCourt ruling a victory for voters and a wake-up call for IEC

14 June 2016

The DA welcomes the Constitutional Court's judgment on the Voters' Roll. It brings certainty and confidence towards the local government elections that are now confirmed to take place on August 3rd 2016.

The DA is pleased that the Constitutional Court found that the Independent Electoral Commission (IEC) failed to uphold section 16 of the Electoral Act and in so doing erred in its fundamental mandate to safeguard the freeness and fairness of our elections.

The judgement also validates the arguments the DA put forward in its criticism of the IEC and the DA’s insistence that an election cannot be free and fair unless the Voters’ Roll can be trusted. The Voters’ Roll cannot be trusted unless it contains particulars sufficient to confirm that each voter is entitled to vote in his or her particular district.

We accept the practicalities. We accept that such an exercise to fully “address” the Roll is unlikely to be possible before 30 June 2018 and certainly not before an election that is vital and crucial. But we do however welcome the fact that the deadline is well ahead of the long timeframe set down by the IEC.

We further welcome the stipulation that any by-election that takes place can only be done on the basis of a fully addressed Roll.

It is equally critical that the IEC moves from being a passive observer of elections to becoming a robust Chapter Nine institution that can guarantee free and fair elections and in doing so must be beyond reproach if we are to maintain the legitimacy of our elections. It was therefore crucial that we obtain legal clarity from the highest court in the land. 

It is deeply unfortunate that we find ourselves in this situation that can only be laid at the feet of the ANC who have persistently exploited loopholes in the electoral system to win votes which requires special attention of its own. We will therefore consider asking the IEC to deal specifically with instances of fraudulent electoral conduct.

The DA will ensure that these elections are held on the basis where voters can freely express their choice. South African voters need to know that the DA has the capacity to safeguard the integrity of this election and we have the will to direct the IEC act responsibly, impartially and effectively.

But most of all, today’s victory is a victory for the voters. Today’s judgement gives the voters the power to bring change: change that stops corruption, creates jobs and delivers better services for all.

Issued by Mike Moriarty, DA's Principal Representative at the IEC, 14 June 2016