This is despite former Deputy Chief Justice Dikgang Moseneke's report.

The IEC announced on Friday that it will approach the courts following an inquiry into ensuring free and fair elections during Covid-19 by Moseneke. Moseneke said that the elections should be postponed to February 2022. 

Matebesi says although one can never try to gamble with the lives of South Africans during the Covid-19 pandemic at the expense of holding elections, the IEC’s decision is somewhat rational as a competent court of law can decide otherwise. 

He says it’s important that commissions like the IEC respect the law of the country which is why they are taking up the matter with the court to allow them to make the decision.

“At the end of the day, it is the court that needs to make a pronouncement on whether they are accepting the proposal or the request made by IEC. And I think the court will also want to be more definite in terms of when the election will be held. That’s why I strongly believe that the IEC from the outset will already have looked at some of the possible dates for the elections in 2021 if they are granted that opportunity,” he adds.

Following Mosekene's report, the Commission resolved to urgently brief Senior Counsel to launch an application in a court of competent jurisdiction. This is to seek judicial authorisation to conduct the election outside of the constitutionally prescribed time periods.

The IEC has also taken a decision to immediately postpone the upcoming voter registration weekend scheduled for 31 July and 1 August to a later date.

This, after Moseneke's report found that it was not reasonably possible or likely that the Local Government Elections, scheduled for October 2021, would be free and fair, and recommended that the IEC approach a court of competent jurisdiction to seek a just and equitable order for the deferral of the elections to a date no later than February 2022.

 OFM News