“Having considered all submissions and the related science, we conclude it is not reasonably possible or likely the elections scheduled for the month of October 2021 will be held in a free and fair manner, as required by the provisions of the constitution and related legislations. We go further to find the scheduled elections are likely to be free and fair not later than the end of February 2022,” he said.
Moseneke said although his report was not binding, most of the acts required to be performed in accordance with election preparation, including a draft timetable, will not be possible, starting with face-to-face registration of voters who do not have access to electronic registration.
Another reason was that the Electoral Commission (IEC) had approached the electoral court on eight occasions to seek orders postponing the holding of elections due to unfavourable conditions. All were granted.
Moseneke also considered the impact of forging ahead with elections would have on smaller political parties.
“What is also important is that political parties and independent candidates must be able to participate in the elections fully and effectively. This means they must be able to get their political message to their chosen electorate.