IEC boss’s appeal now on recordComment on this story
Cape Town - The first step in determining the future of elections boss Pansy Tlakula has been taken.
The Home Affairs committee has received for its consideration her unsuccessful Constitutional Court appeal against an Electoral Court finding that there were reasons for her removal.
Wednesday’s Announcements, Tablings and Committee Reports, Parliament’s record of work, states that Speaker Baleka Mbete has referred to the committee “for consideration and report” both the Constitutional Court and Electoral Court rulings.
This means the parliamentary Home Affairs committee must process the court rulings, but it remains unclear whether it can recommend, or not, Tlakula’s removal, or whether the committee would recommend the formation of an ad hoc committee to deal with the matter.
Under the Electoral Commission Act, the Electoral Court can recommend the removal of an IEC commissioner, including the chairperson, for misconduct, incapacity or incompetence.
However, such a finding must return to the National Assembly, where a committee has to endorse it. A majority of National Assembly MPs must adopt a resolution calling for the removal from office, before the president acts on it.
Earlier this month, Tlakula lost her Constitutional Court challenge against the Electoral Court ruling in a case brought by several opposition parties just before the May 7 elections.