IEC wants Constitutional Court to defer elections to February 2022

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The Electoral Commission has officially launched a bid in the Constitutional Court to postpone the fifth local government elections.

It also opens the candidate nomination process and for registered political parties and independent candidates to submit their lists of candidates and nomination documents for this year’s elections.

“The nature of the relief sought by the commission is largely predicated on impossibility to perform a constitutional obligation, which is the conduct of constitutionally compliant elections of municipal councils by Nov. 1, 2021 due to the Covid-19 pandemic and the measures government has instituted to curb the spread of the virus,” said Mashinini.

“Furthermore, the commission is seeking alternative relief in the event it is not successful with its preferred option. The alternative relief essentially asks the Constitutional Court to declare that failure to hold the municipal elections by Nov. 1, 2021 is unconstitutional and invalid and suspending the declaration of invalidity until the end of February 2022.”

To avoid uncertainty about the legal status of current municipal councils, the commission seeks an order that the municipal councils remain competent until newly elected councils are declared elected“To avoid uncertainty about the legal status of current municipal councils, the commission seeks an order that the municipal councils remain competent until newly elected councils are declared elected,” said Mashinini.

 

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