Retired judge and former Electoral Commission of South Africa (IEC) chairperson, Johann Kriegler, says there is no basis for suspicion of the IEC’s appeal against the Electoral Court’s decision to rule in favour of the MK Party.
Kriegler said there was nothing untoward about the commission’s decision to appeal the Electoral Court’s ruling.
He added that it was a perfect and predictable practice that the IEC would do.
“The constitution creates the electoral commission and the electoral act gives it certain powers, obligations and responsibilities.
“In general, they have to see that elections are run fairly, freely and orderly in terms of applicable laws and now there’s a dispute over what the law is relating to this particular issue,” Kriegler emphasised.
He added that the IEC’s insistence on seeking clarity from the constitutional court, was important as the elections are the most significant political matter for all South Africans.
Speaking to Newzroom Afrika, Kriegler said that while one couldn’t blame politicians for trying to score points, it was unwise and unpatriotic for political parties to attack the commission.
“The commission is the referee, the game can only be a good contest as long as the referee’s integrity and authority is respected. It’s mostly unwise to challenge the authority of the commission on an issue such as this where the law is perfectly clear that the IEC has a duty to do what it is doing.”
Kriegler said had he been IEC commissioner Janet Love who earlier this month announced the decision by the IEC to disqualify Zuma from the 2024 National and Provincial elections, he would have done the same.
The MK party has accused Love of bias and called for her resignation.
Kriegler added that the matter was of great importance for all political parties, particularly the governing party.
The IEC has lodged an urgent and direct appeal to the Constitutional Court relating to the order of the Electoral Court setting aside its decision to bar Zuma from being on the ballot following an appeal by the MK party.
Soon after the MK Party submitted its list of candidates for the upcoming election, which included Zuma, the IEC received 22 objections to Zuma’s eligibility to stand for the elections based on the fact he had been sentenced to a 12-month prison term without the option of a fine.
Kriegler disagreed with those who felt that the matter should not be heard by the Constitutional Court because it was the same court that had sent Zuma to jail, saying that was a “clever” tactic that was not wise.
“I don’t believe it beholds any responsible political leader at this stage of the process of our seventh elections to start throwing stones (at the IEC)”.
“What many South Africans can be proud of is that our electoral commission has an unblemished track record over six contested elections in the past; for an emerging democracy to have done that without any serious contention is a world outstanding achievement,” he added.
The Star