DA heads to Concourt to challenge local government elections postponement

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By Tarryn-Leigh Solomons Time of article published7h ago

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Cape Town – DA federal chairperson Helen Zille says the postponement of the local government elections will be a fatal mistake.

The opposition has resorted to approaching the Concourt to defend the Constitution and the democratic rights of voters. This decision came after the DA said they gave the Electoral Commission of SA (IEC) a deadline of last Friday, August 6, to agree to stick to their prescribed time frame for holding the elections, and to insert a registration period ahead of the elections along with a mechanism to reopen the voters roll in order to add new names. The IEC, however, never responded to their deadline.

During a briefing, DA national spokesperson Siviwe Gwarube said the court papers were to be submitted on Wednesday afternoon.

Zille said in their submission they showed it was “entirely possible, based on the scientific evidence relating to the Covid-19 pandemic, as well as the logistical requirements preceding an election, for the election to be held on the scheduled date of October 27”.

“In addition, we show that there are viable alternatives for the IEC (short of asking the court to amend the Constitution) to address the identified risks, and fix the identified shortcomings in their current preparations for an October election within the remaining time frames.”

The timing of elections is set down in the founding provisions of the Constitution, which can only be changed by a constitutional amendment requiring a 75% super-majority in Parliament, argued Zille.

“No court, not even the Constitutional Court has the power to amend, or even temporarily suspend, the Constitution, because of the Supremacy of the Constitution. This means that the method set down in the Constitution is the only method that can be used to do so,” she added.

*This is a developing story.

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