Cape Town - A new political party has lost a legal bid to hold the Electoral Commission (IEC) accountable for undue delays in registering for a by-election.
The Electoral Court in Bloemfontein found the political party failed to ensure it was registered timeously – and as a result, excluded itself from contesting in the by-elections.
The matter was an urgent review application brought by the Tsogang Civic Movement.
The party had applied to the IEC to be registered as a political party in November 2022, with the intention to participate and contest the by-elections, which were to be held on December 14, 2022, in the Ditsobotla Local Municipality, North West.
“On 1 November 2022, the applicant timeously submitted to the second respondent, the Government Printing Works for the publication of its notice of application to be registered as a political party.
“However, for some unexplained reasons, the publication only occurred on November 18. “The applicant submitted to the chief electoral officer (CEO) proof of publication of the prescribed notice of application for registration.
“This was late for the commission to timeously issue a certificate of registration,” court papers read.
“This was late for the Commission to timeously issue a certificate of registration,” court papers read.
According to the court, the party sent a letter to the chief electoral officer, demanding the issuance of the registration certificate.
However, the office replied that the registration certificate could not be issued because the party failed to comply with the peremptory legislative requirements.
Judge Jeremiah Buti Zwelibanzi Shongwe found: “The law is clear on what should happen before the registration certificate is issued.
It is also clear that the CEO has no discretion and may not register a party before certain requirements are met. It is not disputed that the 14 days had not lapsed when it demanded the registration certificate, all the applicant says is that the (government printing works) is to blame for the delay.
“In other words, because the (government printing works) is to blame, the commission should be vicariously held responsible ...
“It is my considered view that the commission acted lawfully, reasonably, rationally and within the ambit of the law and regulations ...
The application does not pass muster and therefore stands to be dismissed.”
Cape Times