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IFP: Statement by the Inkatha Freedom Party, on the Constitutional Court ruling (10/05/2011)

10th May 2011

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The IFP expressed its grave disappointment with the Constitutional
Court ruling today, which ruled that the IFP will no longer be allowed
to participate in the local government elections in Umzumbe, KwaZulu
Natal, but said that the Party would accept the Court's decision.

The case arose when the IFP found itself unable to deliver its
documentation for participation in the elections to the Umzumbe local
office of the IEC. The IFP then requested the IEC's Durban office to
accept the documents. The documents were declined.

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The IFP approached the Electoral Court, which then ruled that the IEC
should have accepted the IFP's documents and that the IFP was free to
field its candidates in Umzumbe. The Court ruled that the IEC should
have made allowance for the fact that circumstances were beyond the
IFP's control. But it also noted that excluding the IFP from the local
government elections in Umzumbe Municipality would be detrimental to
democracy, because clearly the IFP has many supporters in Umzumbe.

However, in a disappointing turn of events, the IEC approached the
Constitutional Court for leave to appeal and Constitutional Court
ruled today that the Electoral Court did not have the power to grant
relief that amounts to allowing the IFP's participation in the
election, when the IFP has not fulfilled the requirements of the
Electoral Act. The Court found that "delivery of documents to another
office was therefore not compliant". It further ruled that "the
application for leave to appeal was granted and the appeal upheld."

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"Today is indeed a grave day for our democracy and the IFP is
absolutely devastated by the ruling," said Narend Singh, IFP
Treasurer-General and NEC member who has been closely involved in the
case. "The Constitutional right of voters to choose a candidate and
Party of their choice in Umzumbe has now been curtailed by the
decision of the Constitutional Court, but we respect their decision,"
added Singh.

Singh made an urgent appeal to the people of Umzumbe to still ensure
that democracy triumphs by making sure their voices are heard on May
18. "We urge the people of Umzumbe, in view of what has happened, not
to abandon the elections entirely, but to come out in their numbers to
ensure that the IFP triumphs by voting for the IFP in Ugu on the
district ballot," concluded Singh.
 

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