Several legal battles characterise upcoming 2024 elections
On the eve of what is to be the most competitive general elections since the advent of democracy in 1994, the Constitutional Court on 20 May 2024 determined that former president Jacob Zuma, leader of the new uMkhonto weSizwe party (MK), is not eligible to stand for the election to the National Assembly because of his criminal record.
Legal battles have characterised the run-up to the elections. The Electoral Court of South Africa in Bloemfontein, for example, earlier decided that the parties Arise SA and the Independent South African National Civic Organisation cannot participate in the election due to failure to comply with the peremptory requirements of section 27(1) and 27 (2) (c B) of the Electoral Act which is about the submission of a list or lists of those candidates for those elections they intend to contest to the chief electoral officer in the prescribed manner.
Based on the Independent Electoral Commission (IEC), President Cyril Ramaphosa signed the Electoral Amendment Bill into law on 17 April 2023 which expands electoral participation and also widens the pool of leadership choices for both national and provincial elections. This means independent candidates can contest the elections.
Disputes arose between parties after Parliament enacted the Electoral Amendment Act allowing for independent candidates to contest for seats in the National Assembly. Following the post-judgment summary of the Constitutional Court on the Independent Candidate Association South Africa NPC v President of the Republic of South Africa case, the court handed down a positive judgment that grants direct access to challenge certain provisions of the Electoral Amendment Act.
Choosing the President
According to Reuters, parties on the national ballot will contest 200 of the seats in parliament while the other 200 seats will be divided between the nine regions and contested by parties and independent candidates (using a “regional” ballot explained below) . The new 400-member National Assembly will be the one choosing the president of the country.
Political divisions are evident from legal disputes such as the ANC suing the independent electoral body and the new political party led by Zuma. This came after the ANC in September 2023 said MK did not meet the registration criteria.
News24 reported that the Electoral Court has dismissed five cases that were brought by political parties that appealed their exclusion from contesting the elections. These parties include Operation Dudula, the Cape Independence Party, Defenders of the People, Arise South Africa and the Independent South Africa National Civic Organisation.
Business as usual?
The outcome of the 2024 elections is unlikely to shock the economy and shake up the status quo following overstated panic over the ruling ANC getting into bed with the EFF or MK, according to BusinessTech. Some opinion polls place MK at above 10% nationwide, Aljazeera reported. This would make the party the third or fourth political force behind the ANC and the Democratic Alliance (DA).
Some of the election changes include the introduction of three ballots instead of the traditional two ballots on voting day. The ‘’regional’’ ballot was introduced to accommodate independent candidates. Voters should familiarise themselves with the three ballots before voting day.