The Commission
confirms that it has lodged an urgent and direct appeal to the Constitutional
Court relating to the order of the Electoral Court setting aside its decision
following the appeal by the MK Party.
The Commission believes
there is substantial public interest in providing certainty on the proper
interpretation of section 47(1)(e) and its interplay with the powers of the
Commission to adjudicate objections to candidates. Such clarity is important in
the present matter because of a live issue but also for future elections. It is
furthermore important that such legal clarification is obtained from the
highest court in the land which has constitutional-matter jurisdiction. Hence,
a direct appeal to the Constitutional Court.
The Commission wishes to emphasise
that this appeal is not intended to involve itself in the political field of
play, it is rather to ensure free and fair elections by ensuring that
applicable constitutional provisions relating to elections are clearly
understood by all role-players and applied evenly. We therefore wish for the
matter to be determined before the date of the election.
ISSUED BY THE ELECTORAL
COMMISSION
Ensuring free and fair
elections
Centurion
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