Labour Party heads to court over ‘cumbersome’ IEC requirements

Labour Party heads to court over ‘cumbersome’ IEC requirements

The newly formed Labour Party of South Africa, which has its roots in the labour union Amcu, has announced it’s taking the IEC to court to seek an extension to the 8 March candidate list submission deadline. 

Labour-Party-07-03-2024
Masechaba Sefularo/Jacaranda FM News

Parties planning to contest the upcoming general elections in May have until close of business on Friday, 8 March, to meet the Independent Electoral Commission’s (IEC) nomination requirements.

The IEC officially issued the party its certificate of registration on Tuesday.

Speaking at a press briefing in Johannesburg, the party’s interim leader, Joseph Mathunjwa, said the process of uploading the more than 60,000 signatures required of newcomer parties is an unfair logistical burden.

"The Labour Party will be taking the IEC to the High Court tomorrow to extend the deadlines in the election timetable namely, the cut-off dates for submissions, which obliged newly registered and/or unrepresented parties to comply with section 27 of the Electoral Act by Friday, 8 March 2024 (which is tomorrow). The Labour Party also contends, in short, that without this interdict it seeks through the High Court, the elections will not be free and fair.”

The party’s Krister Janse van Rensburg said, unlike in the case of the Constitutional Court challenge by Build One SA and the Rivonia Circle, which sought to challenge the Electoral Amendment Act on the submission of candidate lists and signature requirements for parties not represented in the National Assembly, they were rather challenging the practicality of the requirements.

READ MORE: ConCourt dismisses Electoral Amendment Act application by BOSA, Rivonia Circle

“Our court challenge is not based on the fact that the regulations exist. Our issue is that last week we were at a workshop, and it was for the first time that we were told of this cumbersome process…I believe our prospects to interdict this in the High Court are very good.

“The second nuance is that the parties that are already inside, who are already on the ballot, don’t have to do it.”

Janse van Rensburg denied that they had not reached the required signature threshold.

“Our issue is not with the number of signatures. You must know we’re a big movement, our problem is with the deadline and the administrative burden,” adding that the capturing system itself has not been tested in a poll of this magnitude and could be vulnerable to technical failures.

Meanwhile, Mathunjwa said they were gunning for representation across the board.

“We are currently targeting all provinces and national. That’s why we’re going to court to give us the space to capture all those names and IDs.”

The party has yet to elect its leadership and finalise its manifesto.

But Mathunjwa, who was quick to deny that he would take up the top spot, said the upcoming convention would tie up all loose ends by April.

The IEC had not responded to Jacaranda FM News questions by the time of publication.

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