THE Constitutional Court has heard that the Electoral Commission of SA (IEC) failed to ensure its online system worked properly.
This was a submission by three parties that were barred from participating in the upcoming elections. These are the African Congress for Transformation (ACT), the Labour Party of South Africa (Labour Party) and the African Alliance of Social Democrats (AASD).
The parties failed to submit their lists on time, which means they don't comply with Section 27 of the Electoral Act and are therefore excluded from participating in the elections on 29 May.
Advocate Chris Loxton, representing the Labour Party, criticised the IEC's stance that the fault lay with the parties for not submitting their lists on time.
He argued that the commission's claim of a fully operational system was fundamentally flawed.
The Labour Party, led by AMCU President Joseph Mathunjwa, sought direct access to the Constitutional Court to challenge their exclusion.
Justice Rammaka Mathopo questioned whether the court should consider the case as entirely new, emphasising a need for examining facts to determine the system's functionality.
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“We can't approach this case on the basis that it's entirely new, unconnected with anything. We know, for a fact, that the gravamen of your case is that the system didn't work. And for us to make that finding - that the system didn't work - we have to look at the facts. Absent any regard to facts, we can’t come to any decision," he said.
Loxton contended that the IEC’s Online Candidate Nomination System (OCNS) had a 35% failure rate, indicating significant usability issues.
Advocate Gregory Amm SC, representing ACT, argued that the exclusion of his client compromised fairness of the elections, affecting not only the party but also its 121 000 supporters and 470 candidates.
AASD’s lawyer Advocate Motebang Ramaili SC maintained that his client had adhered to the IEC’s submission process and faulted the commission for not notifying them of any compliance issues.
The IEC defended the nomination system, attributing the parties' failure to meet the deadline to poor time management and filing methods.
It also highlighted financial and logistical implications of postponing the elections, estimated at R500 000, and the unfairness it would pose to compliant parties.
