‘The law is clear on IEC’s discretionary powers’: Thuli Madonsela weighs in on ConCourt ruling

Former public protector Thuli Madonsela.
Former public protector Thuli Madonsela.
Image: Esa Alexander

Former public protector Thuli Madonsela was not surprised by the Constitutional Court’s judgment on reopening the candidate nomination process for local elections.

On Monday the top court dismissed the DA’s application to declare the Independent Electoral Commission (IEC’s) reopening of the candidate nomination process as unconstitutional, unlawful and invalid.

Madonsela said while the law is open for interpretation, it is clear on the power of the commission in managing the elections. 

“While we go to court because there’s always several possible interpretations of the law, I personally thought the law is clear on the IEC’s discretionary powers regarding managing the elections. I am, accordingly, not surprised by today’s Constitutional Court judgment,” Madonsela tweeted on Monday.

The court had previously ordered the commission determine the possibility of holding a voter registration weekend before the elections, which will take place on November 1.

The apex court had ruled the election must happen between October 27 and November 1.

The IEC determined a voter registration weekend could take place and, as part of this process, reopened the candidate application process. This gave the ANC a much-needed lifeline as it had failed to register some of its candidates who will contest the election.

The DA on Monday said it stood by its claim that the IEC acted in favour of the ANC when it reopened candidate registration, with party leader John Steenhuisen vowing to keep a close eye on the commission. 

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