Electoral Commission on interpretation of electoral laws

30 March 2009

The Chief Electoral Officer of the Independent Electoral Commission (IEC),
Adv Pansy Tlakula, has approached the electoral court to clarify whether
someone who is not on the voters’ roll can be a candidate for an election. The
commission is not opposing the application.

Adv Tlakula is objecting to the commission’s decision to allow 28 parties to
field candidates who are not on the voters’ roll. The parties have nominated
110 candidates for office after the election.

The commission wants the court to clarify sections of the Constitution and
those of the Electoral Act which are not in sync on whether a non-registered
citizen can be eligible for nomination onto the party list to be a member of
parliament (MP) or a provincial legislature.

According to the Constitution, “every citizen who is qualified to vote for
the national assembly is eligible to be a member of the assembly.” However, the
Electoral Act is silent on whether the candidate should be registered or
not.

Adv Tlakula said the parties did not comply with section 30(1) of the
Electoral Act in that their names did not appear on the certified voters’ roll
for the April 22 election.

But the commission disagrees, saying neither the Constitution nor the
Electoral Act prescribes the qualification or disqualification of a candidate
in an election for the national assembly or a provincial legislature.

However, the CEO and commissioners are in agreement on the necessity for
clarity in the matter of eligibility for candidacy in an election.

According to the election timetable, the electoral court should rule by 31
March 2009. The electoral commission will then compile a final list of
candidates by 3 April 2009, and on 7 April 2009 candidates will be issued with
their certificates.

For more information, please visit the IEC website on
www.elections.org.za

Issued by: Independent Electoral Commission
30 March 2009