08/03/2021 | Press release | Distributed by Public on 08/03/2021 09:00
Remarks by Minister Dlamini Zuma on calling and setting the date for the Local Government Elections
Members of the media,
Fellow compatriots,
Good afternoon.
At the conclusion of our first democratic election in 1994, President Nelson Mandela said: 'Out of the experience of an extraordinary human disaster that lasted too long, must be born a society of which all humanity will be proud.' Today we are once again confronted by extraordinary circumstances which have been occasioned by the silent enemy called COVID-19. We proudly take this opportunity to recognise the sterling efforts of our health care workers, who have literally placed their lives on the line to save our lives and livelihoods.
Compatriots you will also recall that the Constitution section 159 read with the Municipal Structures Act prescribes that at the end of a five-year term of local government elections must be held within a period of 90 days. Consequently, on the 21st of April President Ramaphosa announced that the local government elections will take place on 27 October this year. To follow up and conclude on this we were to proclaim and Gazzette the date this week.
Given the situation in relation to COVID-19, the IEC appointed retired Deputy Chief Justice Moseneke to consider whether we could undertake free and fair elections during October. The inquiry received over 4 000 submissions from political parties, health experts and the general public, concluding its work and handing the report to the IEC on 20th July.
The report concluded that '… it is not reasonably possible to or likely that the local government elections scheduled for the month of October 2021 will be held in a free and fair manner…' In balancing the need to secure livelihoods and our democratic obligations we are in agreement with the outcomes of the Moseneke Inquiry, which also concluded that should the IEC 'accept and seek to implement the outcome of [the] Inquiry it is self-evident that it must approach, with deliberate speed, a court of competent jurisdiction to seek a just and equitable order to defer the local government elections to not later than the month of February 2022 and on such terms the court may grant.'
The minister of COGTA was then confronted by the question, whether the Minister is obliged by law to proclaim the election date despite the DCJ's recommendation, for which she sought Legal Counsel. If not, what in law would entitle her not to do so. Additionally, whether the IEC may request the Constitutional Court to postpone elections where an election date has not yet been proclaimed. The advice also considered:
The Legal Opinion concluded that:
It is therefore clear that we still must go ahead to call the elections and gazette the date. This will also enable the IEC to go ahead and file papers in the Constitutional Court to postpone an election that has been called. We are also aware the calling of the elections and gazetting will mean the voters' roll will be sealed. The IEC will have to go to the Constitutional Court on an urgent basis and hopefully in their papers will take into account that will be sealed after the calling and gazetting of the date. by these actions. If the Constitutional Court allows for the postponement of course we will abide.
In gazetting the date, we are no way seeking to contradict the Inquiry's conclusion or the IEC's contemplated actions. We are just merely fulfilling our obligations.
I thank you.