THE Electoral Court’s ruling against Arise SA has been slammed as a setback for democracy.
Arise SA, Operation Dudula, Cape Independence Party, Defenders of People and the Independent South Africa National Civic Organisation had taken the Electoral Commission of South Africa (IEC) to court over their exclusion from the ballot paper.
As it stands, the parties won't be on the ballot on 29 May.
UDM president Bantu Holomisa said the decision represents a setback for these parties and their supporters.
“The UDM sympathises with their loss and recognises the disenfranchisement felt by their voters,” Holomisa said.
The parties alleged that the IEC failed to notify them of non-compliance as stipulated under Section 27 of the Electoral Act.
According to the Act, if a registered party that has submitted a list of candidates has not fully complied with Section 27, the chief electoral officer must notify the party of non-compliance.
Arise SA, which was the first applicant, claimed it was only told about its alleged defective submission on 27 March when the objections period had already closed.
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The party said the IEC ought to have notified it on 18 March in accordance with the elections timetable.
The IEC argued that Arise SA failed to upload its regional candidate list and therefore can't appear on the national list.
Holomisa said: “It's imperative that we explore avenues to support and facilitate the participation of new entrants in our democracy, thereby enhancing the democratisation of our nation.”
Operation Dudula Secretary-General, Zandile Dabula told SAfm the IEC was biased, and the movement might approach the Constitutional Court.
She said: “The IEC will probably have to postpone the elections because they can't print the ballot paper while our case is still in the Constitutional Court. We tried, for Operation Dudula specifically, to get help from their side, but they failed.
“Everything is there, all the proof is there that we tried to get help from them, but they still dismissed our case. So, we're hoping that we're going to get justice in the Constitutional Court.”
