Electoral Court dismisses DA’s case over single-candidate lists
The court said the DA did not make out a factual case to back its claims that the four parties had acted in bad faith.
Lindsay Dentlinger
FILE: A Democratic Alliance flag. Picture: RODGER BOSCH/AFP
RODGER BOSCH/AFP
The Electoral Court has dismissed the Democratic Alliance (DA)’s case against four political parties that submitted one name on its proportional representation (PR) lists of candidates to contest the upcoming municipal election.
The court said that the DA did not make out a factual case to back its claims that the four parties had acted in bad faith.
In its judgment handed down on Friday, the court accepted reasons provided by ActionSA, the Good Party and the Economic Freedom Fighters (EFF) as to why they had only named a single candidate, and that the Electoral Commission has pointed out that political parties have engaged in this practice since 2011.
In its arguments before the court, the DA contended that the four parties it was challenging did not truly believe they would only win a single seat in all the municipalities where they had only nominated a single candidate.
It argued that the EFF, ActionSA, the MK Party and Good were seeking to circumvent legal provisions which allow for party lists to be supplemented after the election, to conceal its candidates from voters who have a right to know who they are voting for.
But the Electoral Court said that the impugned lists were submitted in compliance with the legislation and there is, therefore, also no basis to conclude that the Constitution has been violated.
The court said it is not appropriate at this juncture for it to determine whether the provisions on the supplementation of party lists are constitutionally sound.
“The effect of the relief sought under this heading would have a profound impact on the design of the electoral system for the municipal councils. A matter of such fundamental significance needs careful handling, not a rushed jolt,” reads the judgment by acting judge Nobahle Mangcu-Lockwood.
The court said given that the DA is contesting the elections, and that it had previously indulged in the same practice that it was now complaining about, that “changing the rules in the middle of the game” may have unfair consequences.