The Constitutional Court dismissed the DA’s application to stop the Electoral Commission from re-registering candidates of political parties.
Under paragraph 5 of that order, the IEC was to determine, within three days thereof, whether it was practically possible to hold a voter registration weekend with a view to registering new voters and changing registered voters’ particulars on the national voters roll in time for the local government elections.
In a unanimous judgment decided without an oral hearing by the court, it stated that the proper approach to interpretation involved a unitary exercise in which a court sought to ascertain the meaning of a provision in light of the document as a whole and in context of admissible background evidence. The focus of the IEC’s determination under the order was the voters and not candidates. The extension of the candidate cut-off date was therefore held to not fall within the ambit of amendments which paragraph 5 contemplated as reasonably necessary.
In respect of section 11 the court held that granting a candidate cut-off date would be consistent with the legislative scheme and further, with the minister’s intended proclamation date of November 1, 2021, the IEC would have five additional calendar days to work with.
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