IEC appeal on the MKP ruling ‘not suspicious’

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 (MKP).

Justice Kriegler said there was nothing untoward about the decision to appeal the ruling, adding that it was predictable that the IEC would do so.

“The Constitution creates the 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,” he said.

Justice Kriegler added that the IEC’s insistence on seeking clarity from the Constitutional Court was important as the elections were the most significant political matter for all South Africans.

Speaking to Newzroom Afrika, he said that while one couldn’t blame politicians for trying to score points, it was unwise and unpatriotic for political parties to attack the IEC.

“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.”

Justice Kriegler said if he was IEC commissioner Janet Love, who earlier this month announced the decision by the IEC to disqualify Zuma from the elections, he would have done the same. The MKP has accused Love of bias and called for her resignation.

Justice Kriegler said that the matter was of great importance for all political parties, particularly the overning ANC.

The IEC has lodged an urgent appeal to the Concourt relating to the order of the Electoral Court setting aside the decision to bar Zuma from the elections. Soon after the MKP submitted its list of candidates, which included Zuma, the IEC received 22 objections to his eligibility to stand.