Parliament ignored the Chief Justice’s concerns about IEC candidates, says EFF and MK

The National Assembly has nominated three candidates to fill positions as commissioners in the Independent Electoral Commission (IEC). 

Opposition parties have argued, however, that Parliament chose the candidates whom Chief Justice Mandisa Maya expressed the most concerns about. 

Meanwhile, proponents of the nominations say that they have the institutional knowledge, necessary skills and commitment to strengthen the IEC.

An IEC commissioner is a member of the five-person body responsible for providing strategic leadership and governance to ensure the commission fulfills its mandate of managing free and fair elections in South Africa. 

On 28 October, the National Assembly convened to discuss the report from the Department of Home Affairs on the nomination of three candidates. 

This was narrowed down from a list of eight candidates that were recommended by Maya and a panel of experts, following public nominations and a thorough interview process. 

Parliament has nominated three of these candidates: Joyce Pitso, Judge Dhana Pillay and Mosotho Moepya, following a vote. 

Both uMkhonto weSizwe (MK) and the Economic Freedom Fighters (EFF) were concerned that the Chief Justice’s panel warned that two of these candidates, Moepya and Pillay, do not know how to face IEC challenges, such as voter apathy. 

The Chief Justice was not optimistic about the eight candidates that were recommended to parliament, and some on the panel suggested starting the process over again, according to Business Day.

Only three candidates were not criticised by Maya and the panel: Pitso, Granville Abrahams, and Nkosikhulule Nyembezi, who the panel said were “outstanding candidates” with “concrete and carefully thought out” solutions. 

The remaining five were heavily critiqued and reluctantly put forward. The bulk of this critique was levelled at Moepya, who has been serving as chair of the commission.

The panel said he came across as “defensive and would not admit to weaknesses when questioned about the challenges within the institution.” 

“Mr Moepya brusquely dismissed suggestions made by another candidate on improving the commission’s systems,” the Chief Justice said. 

“He appeared to lack the willingness to accept the inputs of others.” The panel added that he refused to acknowledge the Commission’s shortcomings. 

“The panel was also concerned that Mr Moepya could not proffer any ideas on how he would improve institutional weaknesses, including the well-documented voter apathy, going forward.”

Candidates defensive, have no plans for future challenges

Moepya was ultimately put forward on the basis that he led the commission as chair through trying times and through the 2024 elections, the most challenging since 1994. 

Judge Pillay was criticised for her defensiveness as well as her reluctance to admit to challenges in the IEC during her tenure. Pillay has been serving as a commissioner since 2018. 

“Her position relating to the diversity of South Africa and dealing with voter apathy was not entirely satisfactory,” the panel report said, as red out by EFF MP Taphelo Mogale.

MK, the EFF, ActionSA, the UDM, and Build One South Africa raised concerns about the two nominees in parliament. MK and the EFF rejected the selection.

The selection panel of Chief Justice Maya and the opposition parties advised against appointing people who have been working in the IEC already.

Moepya has served in the IEC for 27 years. The DA argued that appointing him as commissioner would ensure continuity and retention of critical institutional knowledge. 

The African National Congress said it is confident that the candidates have the necessary skills and commitment to strengthen the IEC, although acknowledging the lack of youth representation in the selection.

Mogale argues that Parliament ignored other, highly competent, and recommended candidates, such as Abrahams. 

He questioned why the parliament chose to select the panel’s “least recommended” candidates.

Furthermore, Mogale asserts that Pillay and Moepya’s prior performance has raised questions about the IEC’s ability to conduct elections. 

The MK Party echoed this, saying that the IEC’s record “is not spotless.” In 2016, the Constitutional Court found that the IEC failed to obtain and record voters’ addresses, part of its mandate.

“That is not a footnote, that is a constitutional sensor of the very institution we are told to trust,” said the party. In an interview on the lapse, Moepya denied the failure.

The move to appoint the two was called a “deliberate strategy by the ruling elite to weaken the independence of the IEC and manipulate electoral outcomes” by the EFF. 

MK argued, without evidence, that the 2024 elections “were rigged”, and the EFF said that, while they don’t contest the results of the 2024 elections, they have found red flags through internal research.

To this, the DA pointed out that local and international bodies declared the 2024 elections free, fair and credible.