The decision said the decision to decree that the current schedule is maintained although the IEC may be able to change it.
JOHANNESBURG – The majority ruling by the Constitutional Court said on Saturday that its ordinance neither required nor prevented the Independent Electoral Commission (IEC) from changing points on its timetable to allow elections to be held on November 1.
As South Africa waits for the tribunal to deliver another judgment centered on the contested CIS right to reopen the election calendar – which would allow candidate nominations to reopen – the reasons for last month’s judgment shed light on this point.
He said the decision to decree that the current timetable, which was drafted for the initial election date of October 27, is maintained although the IEC may be able to change it when “reasonably necessary”.
The CIS insisted its decision to reopen the calendar was absolutely necessary despite accusations and lawsuits by the Democratic Alliance, among other parties, that it was supposed to benefit the ANC which had failed registered all its candidates by the August 23 deadline.
The judges concluded that the constitutional duty of the commission was to conduct elections within the constitutional deadline and to make them as free and fair as reasonably possible despite its fears.