Durban - The National Freedom Party (NFP) is making another attempt to persuade the Electoral Court in Joburg to set aside the decision by the Independent Electoral Commission (IEC) disqualifying it from taking part in the upcoming municipal elections.
The new application is to be heard on Friday and follows the IEC’s dismissal of the party's second appeal.
The NFP argued that it had been “sabotaged” from within its ranks, with the result that its candidates were not registered by the deadline.
Attorneys for the IEC have written to the NFP’s lawyers, saying it would be illegal for the commission to provide a special dispensation for the party.
The IEC could amend the election timetable only if it considered this necessary for a free and fair poll, the letter said.
It noted that in a previous case, the Electoral Court had found that “changing the election timetable… to accommodate a political party’s late submission of candidates’ lists is not necessary for a free and fair election”.
The letter said the NFP was trying to compel the IEC to make an ad hoc decision.
It noted that in ruling on the party’s first application the Electoral Court had said: “The election timetable is a regulatory mechanism to ensure free and fair elections.
“It cannot and should not be changed at the whim of an individual or party - if it is changed to suit such individual, the timetable becomes an inefficient electoral tool.”
The letter said extending the deadline for the registration of candidates and payment of deposits would jeopardise the ability of the IEC to ensure the elections complied with procedure as there was too little time left to accommodate the NFP before the August 3 polls.
Ballot papers had been printed and excluded the NFP in all but the Nquthu Local Municipality, northern KwaZulu-Natal, where the party’s 17 candidates had paid their registration fees in time.
Accommodating the NFP would require the printing of amended ballot papers and delivery of these to the 22 612 polling stations.
The NFP’s acting national chairman, Bheki Gumbi, has vowed to fight on.
“This battle continues until the last hour of election day. We don’t want our members and supporters to lose hope because of the date we have been given by the court.”
Political Bureau