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Forum4Service Delivery files court papers to challenge bid to postpone municipal elections

Forum4ServiceDelivery files court filings to oppose the postponement of municipal elections.

The Forum 4 Service Delivery claims that amending the Constitution to allow the delay of local government elections will have a severe influence on the courts.

• On Tuesday, the party filed court proceedings at the apex court to reject the Electoral Commission of South Africa's request to postpone the polls until early next year.

• On Wednesday, the DA is anticipated to make a second announcement regarding its response to the commission's request for a postponement.

The Forum4ServiceDelivery (F4SD) is taking the Electoral Commission of South Africa (IEC) to the Constitutional Court to oppose a proposal by the IEC to secure the delay of local government elections until early in 2021.The party's 166-page application, which was signed on Tuesday and lodged to the Constitutional Court, was obtained by News24. Nkosazana Dlamini-Zuma, Minister of Cooperative Governance and Traditional Affairs (Cogta), the South African Local Government Association (Salga), and nine others have been named as respondents. The party stated in the application that it was past time for the judiciary to abandon some of its long-held established legal norms, emphasizing the importance of judicial modernization. It emphasized the importance of the separation of powers in order to avoid "judicial despotism and judicial maximizing." "The judiciary's role in the law-making process must be explicitly specified rather than inferred, so that there is no grey area or middle ground between its involvement and non-involvement."

"Once this is done, the problem of judicial process confusion and inconsistency will be resolved," the party claimed. On Wednesday, F4SD will host a news conference to reveal more specifics about its plans to challenge the IEC's urgent court suit. Mbahare Kekana, the party's president, told News24 on Tuesday evening that the IEC's proposed constitutional amendment constituted a risk and would have a bad impact on the judiciary's independence. "The Constitution's backdoor amendment would set a disastrous precedent. Because another political party may go to court in the future to request a postponement of elections owing to a shortage of campaign money. Alternatively, the president of the country might easily go to court to have his tenure extended." "When it comes to changing and repealing legislation, the Constitutional Court should stay out of it. Its job is to safeguard the law and interpret it. They lack the authority to enact legislation "Added he.

The IEC's court case is based on the findings of a report by retired Deputy Chief Justice Dikgang Moseneke on the freedom and fairness of conducting elections in the midst of the country's third Covid-19 outbreak. In political circles, the request for a postponement of the elections has elicited varied views.  The ANC and EFF have backed the idea, while other groups such as the IFP, ATM, and DA have opposed it and want the elections to take place on October 27 as planned. The IEC also wants the Supreme Court to rule that until newly elected councilors are elected, existing local councils are competent. The DA is likely to make a decision on the IEC's application in the near future. The official opposition said it gave the IEC until Friday last week to agree to stick to their election timetable and to include a registration period ahead of the elections, as well as a mechanism to reopen the voter's roll to add new names.

https://www.news24.com/news24/southafrica/news/forum4service-delivery-files-court-papers-to-challenge-bid-to-postpone-municipal-elections-20210811

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Constitution Constitutional Court DA Forum 4 Service Delivery Nkosazana Dlamini-Zuma

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