MEDIA RELEASE
2024-04-16

SUMMARY: The Labour Party of South Africa (Labour Party) is preparing to file an application to the Constitutional Court of South Africa (ConCourt) to compel the Independent Electoral Commission (IEC) to review its election timetable, thereby necessitating a postponement of the 29 May 2024 election date. The Party argues that the elections will not be free and fair otherwise.

On 15 April 2024 the Electoral Court handed down judgment in the application of the Labour Party to reopen the online portal Independent Election Commission (IEC) which did not work properly in the days before the deadline (of 8 March 2024), so that it can upload its remaining supporting documents for candidate lists and supporters’ signatures. The judgment which was handed down more than a month after the urgent application was filed, dismissed the case of the Labour Party with no order as to costs.

Notably, the judgment contained a minority dissent of some of the judges on the panel who agreed with most if not all, of the Labour Party’s arguments. The Labour Party met with its legal team and, after considering the Electoral Court’s judgement and the minority dissent therein, made the call that the relief that was initially sought (namely for the online portal to be reopened) has effectively become moot.

Due to the delays in the process, the Labour Party will now be launching an application to the ConCourt seeking to set aside the electoral timetable and furthermore, a postponement of the elections scheduled for 29 May 2024. A draft notice of motion outlining the gist of the case has been served on the IEC as a courtesy.

“After considering the decision of the [Electoral] Court, in which two judges agreed with us, and the fact that the relief now has become moot because of the delays involved in the process, we will be approaching the Constitutional Court directly for relief. This relief will include the setting aside of the [Electoral] Timetable and the postponement of the election”, said Labour Party Secretariat Krister Janse van Rensburg.

“As this matter is currently sub judice, and we are still busy drafting our court papers, we will reserve comment on the finer details of our case”, said Van Rensburg. “For now, all we can say is that we are confident that the ConCourt will see the prejudice to be suffered if political parties are excluded from participating in this critical election. Put simply, these elections will most definitely not be free and fair if the IEC is left to bar new parties when itself admits serious shortcomings in an untested and glitchy online portal”, he said.

“Even more compelling is the serious prejudice caused to the Labour Party, other new parties and the voting public by the IEC and the [Electoral] Court dragging their feet for more than a month to pronounce on our bona fide case. It is a clear travesty of justice, and we are of the firm belief that the ConCourt will not allow this situation to prevail”, Van Rensburg concluded.

*[More details regarding these legal cases can be found in previous media releases appearing on the Labour Party’s website, www.labourparty.org.za.]
**[Political parties, non-governmental organisations or any other persons wishing to support the Labour Party in this landmark constitutional challenge can submit affidavits and/or letters of support to lda@ldalaw.co.za.]

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For more information or to arrange interviews, please send a request to secretariat@labourparty.org.za. 

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The Labour Party is a social democratic party, very similar to labour parties in other countries. 

The Labour Party is non-racial and therefore it is a home for all progressive and likeminded organisations, including trade unions and civil society organisations that share our values and ethos. 

The Labour Party’s main campaign slogan is: “The power is in your hands”, emphasising the connection to work being done with one’s hands, but also the realisation that voters can bring change by what they do and how they vote. 

The Labour Party emphasises that unemployment remains enemy number one.  

The Labour Party believes that work brings not only social mobility, but also dignity and pride.

Key policy objectives of the Labour Party include:

• Jobs for all, as we believe that there is more than enough work for everybody in South Africa.
• Quality public services and protection of state-owned enterprises to enhance the social wage of all citizens.
• Assurance that the rich mineral and natural resources of South Africa are used to empower South Africans in the broadest possible sense.
• Addressing youth unemployment by a conscription programme for unemployed youth.
• Overhauling the education system to produce the skills required by the economy.
• Diversification of the economy through industrialisation and beneficiation.

The Labour Party will base its policies on Christian val