IEC will head to court for deferral of 2021 Local Government Elections 

On 23 July, the Independent Electoral Commission (IEC)  announced it would be approaching the courts for a deferment of the upcoming municipal elections. Chairperson of the IEC, Glen Mashinini briefed journalists on the recommendations of the Moseneke report, which was released earlier this week. 

Former Deputy Chief Justice Dikgang Moseneke found that conditions were not conducive to holding free and fair elections, due to the ongoing Covid-19 pandemic. 

Moseneke said reasons included the potential for a fourth wave of Covid-19 infections, and smaller parties not being able to campaign fairly on social media platforms in comparison to bigger parties. 

On Friday, Mashinini said the decision to take the matter to court was based on the epidemiological concerns raised in Moseneke’s report, in conjunction with the current high levels of Covid-19 still being experienced in South Africa. He said the commission had accepted the findings of the Moseneke report. 

When asked by journalists which courts the IEC would approach to seek the deferment, Mashinini said it would approach either the Electoral Court or the Constitutional Court. The commission’s senior counsel would be “advising us shortly” on which court would be best to approach, he said.

Political parties have already been informed about the court application. 



Constitutional law expert Pierre de Vos argued earlier this week that at first glance, a decision to postpone the elections from October 2021 to February 2022 would be “an impossible one to make”. Read de Vos’s analysis in Daily Maverick here. 

Mashinini also said the IEC was in “advanced talks” with the Health Department to secure vaccinations for IEC staff.

Mashinini said while the court process was underway, all other electoral processes would continue. A new date for voter registration would be announced in due course. The date was originally scheduled for the weekend of 31 July and 1 August. DM

This is a developing story and may be updated.