CHIEF JUSTICE OF THE CONSTITUIONAL COURT ISSUES DIRECTIONS
The Chief Justice of the Constitutional Court in Braamfontein , Johannesburg has issued directions in the matter between the AFRICA UNITE party and the IEC case No.CCT 45/14.
The case against the IEC is whether the security deposit required under the IEC constitution shows “seriousness” or infringes on the Right to Stand for Public Office under Section 19, b of the Bill of Rights. Mr. Denton, President of the AUP has brought the case against the IEC; to the highest court in the land to decide this issue once and for all; and for all South Africans.
The Chief Justice issued directions on the 28th March- only two days after the urgent application was submitted to the court by the AUP. In terms of Rules of the court the following timetable of directions has been issued to both parties.
The IEC has until Monday, 31st March, 2014 to oppose the application (which they have done) and until the 3rd of April, 2014 to set out the grounds of its opposition. The AUP has if it so wishes until Monday, 7th April 2014 to submit its response affidavit and until the 8th of April its written argument on the merits of the application.
The IEC has until the 10th April to oppose the result of that process.
This is the first time that a political party has applied for direct urgent access on this matter in South Africa; and if it is successful, it will change the political landscape of our constitutional democracy and make the elections more free, fair and credible. It will also be a first in the world where this issue has been tested under constitutional parameters; and may set a precedent to give minority parties a greater voice in future elections.
A copy of the directions were also sent to the attorneys of the Economic Freedom Fighters (EFF) as an interested party and the Johannesburg Society of Advocates. No comment has been issued from either office as of yet; and the AUP have not entered into any discussions with the EFF.