RESIDENTS in badly run municipalities have expressed concerns over the possibility of being stuck with ineffective councils for longer, if municipal elections were to be postponed.
This past week the Independent Electoral Commission filed its application to the Constitutional Court, seeking an order that will pave the way for the postponement of elections from October 27 to February 23, 2022.
This postponement will mean councils whose term ended this month will be extended beyond their five-year term to a date no later than the end of February.
While experts say an extension of the term might not have any direct impact on councils, questions have been raised around the state of municipalities that were already troubled.
The Western Cape Government had to intervene at the Kannaland and Central Karoo District Municipalities last month after the two failed to adopt a budget for the 2021/2022 financial year at the end of June, which was a breach of the Municipal Financial Management Act (MFMA).
In Plettenberg Bay where the Bitou Municipality’s squabbles have been playing out in court, with opposing political parties warring over who gets to be mayor, residents have called for the municipality to be placed under administration until elections can be held.
Leader of the Ikhwezi Political Movement, Nokuzola Kolwapi, led a march to the municipality this week to hand over a memorandum calling for intervention from the provincial government.
“We are asking that MEC Anton Bredell place the municipality under administration until elections can be held and a new council be elected, because the people of Plettenberg have lost confidence in the current leadership.
“There have been numerous battles that have played out in the courts, a councillor being suspended unlawfully, allegations of bribery against senior members of council, allegations of people being appointed to positions over the weekend. The situation is untenable, and will continue to operate in a dysfunctional manner until we go to elections.
“But now, with a possibility of a postponement, this would mean the people of Plettenberg Bay and surrounding areas will be stuck with this leadership for even longer than is necessary. Postponing the elections will be detrimental for this municipality which is in urgent need of intervention,” she said.
Political analyst Professor Bheki Mngomezulu said the postponement of elections mean two different realities for municipalities that are well run, and those in disarray.
“For those where officials were executing their mandate it, will mean the continuation of the delivery of service, and for those councils that were not delivering, this would be a set-back, in particular for those communities that were looking forward to bringing in change through the elections.
“If the Constitutional Court rules in favour of the IEC’s application, this would not make much of a difference in councils and how they operate, they will remain constituted, with just an extended term and budgets and Integrated Development plans have already been adopted.
“I believe the same would apply on the issue of by-elections. If a councillor were to resign or pass away, steps would need to be taken to ensure that position is filled,” he said.
However, the IEC was unable to hold what would have been the last round of by-elections in June, and approached the Electoral Court for a postponement due to the high number of Covid-19 infections. IEC chief executive Sy Mamabolo said the IEC was taking legal advice on a way forward.
In his founding affidavit to the court, the IEC’s Glen Mashinini laid out how the commission was operating with two time-lines in assuming the elections would take place on either of the proposed dates, but time was running out, adding that an order would be requested by either August 30 or September 10, at the latest.
Mashinini said if the elections were to be held next year, they could hold a registration weekend on September 18 and 19, as they anticipated registering between 400 000 to 600 000 new voters. The voter’s roll currently has 25.7 million registered voters of the country’s 40.2million eligible voters.
Constitutional Law expert Rebecca Sibanda cautioned against the assumption that the court would fall in line with the IEC’s request.
“Court rulings create precedents that have future ramifications, and the reality is we don’t know when this pandemic will end, and the court could very well decide that the elections must go ahead on the dates already set, given how we have no certainty on what the situation will be in February.
“The IEC has not handled this very well, they could have commissioned this report earlier in the year, which would have provided enough time for these processes to go ahead, without the added pressure of time constraints. There is a lot of fault that should be laid at the IEC’s door, whose sole mandate is to ensure the running of free and fair elections.
“The court has to strike a delicate balance in whatever decision it takes. But I do caution against the assumption that a postponement is guaranteed.
“These are uncharted waters, and there are people bound to be affected by the decisions the court will arrive at. If the elections go ahead as things stand, their outcomes could be challenged. The end of term of municipal councils also effectively removes their authority to make decisions, so should they continue to stay in office while this matter is yet to be decided on, it makes those decisions invalid and open to legal challenges,” she said.