CAPE TOWN – The Democratic Alliance (DA) has vowed to continue its legal challenge over political parties submitting single-name proportional representation (PR) candidate lists, arguing that voters have a constitutional right to know who could represent them before casting their ballots.
The party’s comments follow an Electoral Court judgment dismissing its application against ActionSA, the Economic Freedom Fighters (EFF), the MK Party and the GOOD Party, which submitted PR lists containing only one candidate in several municipalities ahead of the 4 November local government elections.
Ashor Sarupen, DA Federal Council chairperson, said the ruling highlighted gaps in electoral legislation that could allow political parties to add candidates to their lists after voters had already cast their ballots.
DA argues voters are being kept in the dark
The DA approached the Electoral Court after accusing the four parties of deliberately submitting one-name PR lists to conceal the identities of potential councillors from voters.
The party argued that the practice could allow them to supplement their lists after the election, once the number of seats secured had been determined, without voters knowing beforehand who could occupy those positions.
The DA maintained that voters have a right to know who may represent them in public office before making their electoral choices.
In its ruling, the Electoral Court dismissed the DA’s application, finding that it had failed to provide sufficient factual evidence to establish that the parties had acted in bad faith.
The court accepted explanations provided by ActionSA, the EFF and GOOD for submitting single-name lists, while noting that the Electoral Commission of South Africa (IEC) had indicated that political parties had followed the practice since 2011.
It also found that the disputed lists complied with existing legislation and that there was no basis to conclude that the Constitution had been violated.
However, the court did not rule on the DA’s separate constitutional challenge to the provisions allowing parties to supplement their candidate lists after an election. That part of the application was postponed.
Acting Judge Nobahle Mangcu-Lockwood said the constitutional question had far-reaching implications for the municipal electoral system and required careful consideration.
DA draws comparison with political funding transparency
Responding to the judgment, Sarupen argued that the principles established in the Constitutional Court’s My Vote Counts case should also apply to political party candidate lists.
In that case, the Constitutional Court recognised the importance of access to information about political party funding in enabling voters to make informed political choices.
“If voters are entitled to know who funds a political party, they are equally entitled to know who that party may put in public office,” Sarupen said.
He argued that the same principle of transparency should apply to the identities of individuals who could eventually occupy seats secured by a political party.
The DA confirmed that it intends to pursue its constitutional challenge before the Electoral Court, arguing that voters’ right to information should extend to the people who may represent them in public office.
Sarupen said the DA had submitted complete candidate lists to ensure voters could identify those who might take up public office if the party secured seats.
The party is urging voters to consider candidate transparency when making their choices in the 4 November elections.
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