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Vuwani constitutional crisis looming

───   12:08 Tue, 26 Jul 2016

Vuwani constitutional crisis looming | News Article

Polokwane - A constitutional crisis was looming in Limpopo as Vuwani residents vowed to block the Electoral Commission of South Africa (IEC) from holding the 2016 Municipal Elections in the violence-troubled area.


This after endless secret meetings, aimed at resolving the ongoing crisis, collapsed with no agreement reached as protesting residents rejected government’s offer.

The government had proposed that Vuwani residents must stop the shutdown and allow the election process to take place in affected wards.

However, on Friday, residents warned their traditional leaders that if they sign the agreement, they will be not be representing the communities.

Vuwani and surrounding areas have been shut down to business and government activities including schooling in April after losing a high court bid to remain under the Makhado municipality.

As a result more than 24 schools were burnt and government properties damaged during the protest which saw matric pupils in the area sent to study camps.

They had approached the high court to nullify the Municipal Demarcation Board’s decision that encompassed them under new Limpopo municipal entity to include Malamulele.

Community leader Nsovo Sambo said it remains a community decision not to participate on upcoming elections.

“We still stand by our decision, we are not going to vote,” said Sambo.

IEC failed to register voters during voter’s registration period earlier this year as protesters shut down and barred Voters Registration.

IEC provincial chair, Nkaro Mateta, said the threats by residents of Vuwani has potential constitutional crisis and will also affect local district establishment.

“If they don’t vote, it will mean that the new entity could not be established because of outstanding wards, we could go on by-election after 90 days,” said Mateta.

“If that also fail we may have to approach parliament for constitutional amendment, and that may cause a constitutional crisis and delay,” said Mateta.

The new entity has 27 wards and 14 are part of areas disputing MDB decision and declared that they will stay away.

According to Local Government Act and IEC’s statues each local municipality is expected to forward PR councillors to the district.

Some sources said African National Congress (ANC) desperately needed votes in all 14 wards affected by violence protest.

“It is a dilemma, if those people don’t vote we may lose that new entity to opposition parties, in other wards we don’t support that we trust to win,” said an ANC insider.

Another ANC member indicated that the ANC will try to pressurise traditional leaders and persuade them to vote so it retains its power.

“But those people are united, they are speaking in one voice, and are difficult to convince,” said ANC regional committee member.

However, constitutional expert Prof. Shadrack Gutto said one vote can declare a candidate a winner but whether they will be able to rule is questionable.

“The only problem is that it will be a waste of time, because even if minority vote and will not be able to govern, it will then create a constitutional crisis,” said Gutto.

He said government and stakeholders must find a solution before Vuwani issue create a constitution.

ANA

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