Victory for DA in case against IEC for additional voting stations abroad

It was a bad day in the Independent Electoral Commission (IEC) office after losing yet another case. The DA successfully argued its case against the IEC, leading to a ruling that will enable more voting stations abroad in the 2024 elections. The Electoral Court reached its decision after determining that the IEC’s initial decision to prohibit voting at consulates headed by honorary consuls should be overturned.

Before this judgment, the Electoral Court upheld the appeal by the MK party in its bid to keep former president Jacob Zuma on its parliamentary candidate list.

Read more in Daily Maverick: MK party wins Electoral Court case to allow Jacob Zuma to contest elections

In the DA case, the court’s judgment clarified that the term “consulate” in Section 33(3) of the Electoral Act 73, 1998 encompasses consulates led by honorary consuls.

This ruling stems from a request made by the DA to the Electoral Court in February, urging for the inclusion of all embassies, High Commissions, and consulates as voting stations for the 2024 elections.

Read more in Daily Maverick: Explainer: How to vote in the 2024 elections as a South African living abroad

Before the ruling, South Africans abroad could vote at 125 voting centres, which include embassies, high commissions and consulates. But, the DA said, that arrangement potentially excluded thousands of voters who did not live in nearby capital cities.

According to the Electoral Commission’s 2019 National and Provincial Elections Report, the highest number of votes cast abroad was in London, United Kingdom (5,920 votes); Dubai, United Arab Emirates (UAE) (1,096 votes); The Hague, Netherlands (949 votes); Abu Dhabi, UAE (842 votes) and Dublin, Ireland (581 votes).

“The DA action was in response to complaints from South Africans residing in Perth, who sought the opening of the Honorary Consulate as a voting facility,” said Chairperson of the DA Federal Council, Helen Zille.

“The High Commission in Canberra claimed that the Perth Consulate could not be utilised for voting as it is “not headed by transferred staff from South Africa.

“The DA considered this position to be both unlawful and irrational. The party argued that the IEC and the Department of International Relations and Cooperation (Dirco) should not differentiate between consulates headed by ‘transferred staff’ and those led by honorary consuls.”

Zille said for the more than 40,000 South Africans living in Perth, as well as other cities where this judgment will be effective, this is an enormous victory.

“The DA will monitor the IEC to ensure the practical implementation of this decision, as well as to confirm the number and location of all additional voting stations.”

South Africans living in Perth and other relevant cities will still have a chance to move their current registration to these new voting stations through the VEC 10 process up until 22 April 2024.

IEC responds

In a statement issued on Tuesday evening, the IEC said it noted the Electoral Court’s order on Zuma’s candidacy, as well as the order upholding the DA’s application to allow voters to cast their ballots at honorary consulates abroad rather than just high commissions or embassies.

“Furthermore, we have noted that the orders were issued without reasoned judgment. In order to understand the basis of the conclusions [reached in both matters, it is important that reasons are provided. We will accordingly request the Electoral Court to hand down reasons for the orders made,” said the IEC.

“Naturally the Commission is taking legal advice on both matters and will chart a way forward based on such advice as well as reasoned judgments that it may receive, hopefully, in the not-too-distant future.” DM