There is no basis for commissioner Janet Love's resignation, says IEC

• The Electoral Commission of South Africa (IEC) has dismissed uMkhonto weSizwe Party's calls for commissioner Janet Love's resignation. 
• The IEC wants the Constitutional Court to determine whether it went beyond its scope of authority in invoking Section 47 (1) (e) in barring former president Zuma from contesting a seat in Parliament. 
• Find everything you need to know about the 2024 general elections on News24's Elections Hub.

The Electoral Commission of South Africa (IEC) says uMkhonto weSizwe Party's calls for commissioner Janet Love's resignation over alleged bias are "unfounded".

Addressing the media on Tuesday IEC CEO Sy Mamabolo said both the commission and Love had not "looked" into the matter. 

He said: "Personally, absent [of] any substantive evidential material establishing misconduct on the side of commissioner Love, there would be no basis for such a resignation."

Mamabolo was responding to calls made by members of the MK Party, who said Love should step down after utterances about former president Jacob Zuma's candidacy.

In their court papers appealing the commission's decision to bar Zuma from contesting the upcoming general elections, the MK Party accused Love of having prejudged the matter in that she said, legally, Zuma did not qualify to stand for a seat in Parliament because he had a criminal record. 

The Electoral Court ruled in Zuma's favour last week. It is yet to provide reasons for its order. 

Last week, the commission asked the Constitutional Court to set aside the Electoral Court's decision to allow Zuma to contest a seat in Parliament.

Mamabolo reiterated the call for the Electoral Court to provide reasons for ruling in Zuma's favour.

"When an appeal is lodged, it is lodged against the orders of the court, not against the judgment, and on the basis of those orders, we think that there is a need for clarity on a number of issues."

The IEC, said Mamabolo, wants the apex court to determine whether the commission went beyond its scope of authority in invoking Section 47 (1) (e) in the matter.

He said: "We have no clarity as a country on that aspect at the moment. Did (commissioner Janet Love) prejudge the issue to such an extent that she ought to have recused herself? We don't know whether the statement that she made in response to a media question did, in fact, constitute prejudging the issue.

"We also need to know whether the remission of a sentence amounts to the reduction of the sentence as ordered by a court of law. We don't know. So, those questions need to be answered for the clarity of everybody in respect of the immediate case but also, in respect of future respect." 

Asked whether Love was still a member of the ANC, Mamabolo said no one is compelled to disclose their political party affiliation.

"In terms of the Electoral Commission Act, the person appointed as a commissioner may not have a high political profile at the point of appointment. The panel led by the chief justice has looked at whether the commissioners are qualified in terms of the legal criteria as well as the Constitution. Parliament did the same, and eventually, the president was appointed on the basis of a recommendation of the multiparty National Assembly." 

Zuma is not the only one who sought relief at the Electoral Court – Arise SA, Operation Dudula Movement, Defenders of the People, Cape Independence Party, and the Independent SA National Civic Organisation – are also reportedly fighting for their chance to be included on the ballot.

READ | ConCourt bid on Zuma election participation is about legal certainty - IEC

Deputy CEO Masego Sheburi said eight political parties filed applications to the Electoral Court challenging either the timetable or alleging that the candidate nomination system was dysfunctional to the extent that candidates or parties could not meet the submission requirements.

The Electoral Court has dismissed five matters. He added: "The court had six other matters yesterday [Monday] – substantially the same arguments. The court has reserved judgment, and we anticipate that we will receive an order even if we do not have reasons by late tomorrow. That will determine when we start to print the ballot papers."

READ | Zuma back on IEC candidate list, Freedom Under Law wants reasons for the court's decision

Some of the matters before the court have a direct implication of the configuration of the various ballot papers, he added.

Sheburi said the commission prided itself on remaining impartial and not making decisions based on personalities. "If that influences your decision making, you are no longer making decisions in an impartial manner.

"The Electoral Act places a number of responsibilities as it relates to the candidate nomination process, and it says the commission must only accept people who are candidates that are registered as voters and that the persons that appear on lists of candidates must be qualified in terms of the Constitution.

READ | Ramaphosa has 'no regret' about granting remission to Zuma, who's using early release as meal ticket

"Nowhere does the Constitution deal with qualification except in Section 47 for the election of the National Assembly and 106 for the election of the provincial legislature." 

Mamabolo said the commission was concerned about the continued threats of violence on or before 29 May.

He said, "of course," the commission is worried about attempts to destabilise the process.

He added:

"It is rather an opportunity for the voter to record their political choices in an election that is arranged in accordance with the provisions of the Constitution and the law."

Mamabolo said security agencies were responsible for ensuring that the elections were safe and incident-free. "I am sure that they may be making plans to safeguard the election, material, people, staff, and property of all South Africans."