The Electoral
Commission confirms that is has received 82 objections in relation to
candidates nominated by 21 political parties for the 2024 National and
Provincial Elections (NPE).
The objection process
is one among the various milestones in the process of candidate nomination, which closed at 17h00 on 8 March 2024. In the
intervening period, the Commission has validated the details of the nominated
candidates, advised nominating parties of instances where they nominated
candidates who also appeared on the list of another party or who were nominated
as independent candidates.
The process of
candidate nomination was to a large extent driven by political parties through
the Online Candidate Nomination System (OCNS). This means that party
administrators were responsible for capturing party candidates, generating
payment documents, uploading supporting documents and finally submitting to the
Commission. Throughout the nomination process parties had total autonomy on
their lists until they were finally submitted. Only seven (7) political parties
submitted their nomination documents manually,
with 79 doing so through the OCNS.
Objections to
candidates follow a legally prescribed scheme in terms of both the Electoral
Act and the Constitution. Section 30(1) and 31E of the Electoral Act, provide
the grounds on which an objection may be raised. These are:
- a
candidate did not sign the prescribed acceptance of nomination;
- there
is no prescribed undertaking signed by a candidate that they are bound by
the Code of Conduct; and
- a candidate is not qualified to stand in the election.
Section 47 and 106
of the Constitution set out the eligibility criteria and qualification for the
national assembly and provincial legislature respectively. They provide that
every citizen who is qualified to vote for the national assembly and/or
provincial legislature is eligible to stand for election except:
- anyone
who has been declared to be of unsound mind by a court of the Republic;
- unrehabilitated
insolvents;
- any person who was convicted of an offence and sentenced to more
than 12 months imprisonment without the option of a fine. This
disqualification ends five years after the sentence has been completed.
This ground of disqualification does not extend to persons who are yet to
be sentenced and those, while sentenced are yet to exhaust appeal
mechanisms available to them.
Of the 82 objections
received, 74 were submitted on time. At total of 8 objections were submitted
after the cut-off time.
Despite many of the
objections not meeting the prescribed format for submission, the Commission has, in keeping with its obligation to ensure free
and fair elections, considered whether substantively the objections met the
criteria in the constitution and the law.
Substantively, the
statistics on objections received reveal the following trends:
- No objections were received, claiming that candidates were
unrehabilitated insolvents.
- Similarly, no objections were received with allegations that
one or more candidates on the lists had been declared to be of unsound
mind by a court of the Republic.
- A
total of 31 objections implicating eight candidates alleged that
candidates were not qualified owing to criminal records and or
convictions.
The Commission dismissed objections in relation to seven candidates and
sustained one objection.
Chairperson Mosotho
Moepya said the Commission could only act within the confines of the law and
the Constitution. The Commission has written to the objectors, candidates and
the nominating parties to advise them of its determinations. Any objector,
party or candidate aggrieved by the decision of the Commission may appeal the
decision with the Electoral Court by 02 April 2024.
The process of
candidate nomination will culminate with the Commission releasing the lists of
political parties and candidates that will appear on the various ballot papers.
These lists will be published on 10 April 2024.
A novel feature in
NPE 2024 is that independent candidates will
contest for seats in the National Assembly and provincial legislatures. Six
independent candidates will contest for seats in the National Assembly and six
will contest the provincial legislature elections.
We once again remind
voters that they may only vote at a voting station in which they are registered.
Voters who will unavoidably be away from their voting districts on election day
may give notice of their intention to vote at another identified voting station
by 17 May 2024.
The Electoral Code
of Conduct has been in effect since the 23 February proclamation of the
election date. On 4 April 2024, the Commission will convene all contestants to
a special ceremony where they will publicly pledge to adhere to the Electoral
Code of Conduct, as well as to get their members and supporters to act in a
manner that is consistent with the code.
ISSUED
BY THE ELECTORAL COMMISSION
Ensuring
free, fair and credible elections
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media queries: Please contact Kate Bapela on 082 600 6386
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