IEC says DA challenge over single-candidate lists is without merit
Electoral Commission Dismisses Democratic Alliance Legal Challenge
“The Commission is firmly of the view that the DA’s case is without merit in law,” Electoral Commission of South Africa Chief Electoral Officer Sy Mamabolo said, branding the Democratic Alliance’s court application both factually opportunistic and legally specious. The Electoral Commission filed its answering papers in the Electoral Court, pushing back against a Democratic Alliance challenge targeting single-candidate proportional representation lists filed by several political parties ahead of the November 4 local government elections.
The Democratic Alliance launched its legal action on September 21, targeting ActionSA, the Economic Freedom Fighters, the uMkhonto weSizwe Party, and GOOD over their decisions to submit single-name proportional representation lists in select municipalities. According to News24 reporting, the applicant party argues that hiding candidate lists from voters ahead of an election damages transparency and prevents the electorate from knowing who they are casting ballots for.
However, the Electoral Commission countered that electoral laws do not prescribe a minimum number of candidates for party lists, capping only the maximum number in alignment with available seats. Mamabolo pointed out in court filings reported by EWN that the Commission is legally mandated to ask parties to provide additional names within two days after an election to fill seats won, rather than question initial shortfalls. The commission also noted that the Democratic Alliance submitted single-name lists in 12 municipalities for the upcoming municipal polls.
Electoral Commission Warns Court of Ballot Disruption
The Electoral Commission warned the court that granting the relief sought by the Democratic Alliance would prove seriously disruptive to the electoral process. IOL reported that the commission cited the timing of the application, filed just weeks before voting day after nominations had already closed and candidate lists had been certified. Mamabolo stated that altering rules or excluding parties from the proportional representation ballot paper at this late stage would jeopardize the integrity of the elections and strain institutional resources already committed to poll administration.
ActionSA welcomed the commission’s answering affidavit, with National Chairperson Michael Beaumont describing the Democratic Alliance application as opportunistic, hypocritical, and frivolous in a statement published by Politicsweb. Beaumont argued that the application sought to prevent the seats of parties representing over 25 percent of the South African electorate from being awarded. ActionSA maintained that its own proportional representation lists comprise ward candidates ranked by performance, giving voters clear visibility over candidates.
Legal Clarification Ahead of Voting Day
The Electoral Court must now determine whether the use of single-candidate proportional representation lists and subsequent post-election list supplementation comply with the country’s electoral framework. The legal showdown arrives as the Electoral Commission finalizes preparations for the November 4 local government elections, having already cleared more than 136,000 candidates to contest the vote.