IEC Gives Clarity On Electoral Code Of Conduct

“Yes, the IEC can on its own go to the Electoral Court, but a party or any person can go to the Electoral Court, or in a case that is a criminal offence, go to the police station to lay a charge, and normal investigation and prosecution will follow,”

IEC Gives Clarity On Electoral Code Of Conduct - SurgeZirc SA
Independent Electoral Commission (IEC)/Photo File:Screengrabs

The Independent Electoral Commission (IEC) has issued a statement to give clarity on the Electoral Code of Conduct, SurgeZirc SA reports.

The Commission during a press briefing stated it does not have the power to enforce sanctions on electoral faulters rather it is within the jurisdiction of the court of law to sanction electoral faulters.

Speaking to the press, the Western Cape provincial electoral officer Michael Hendricks in reference to the Supreme Court of Appeal reiterated that in any situation that concerns the contraventions of code of conduct only the judiciary can address such issue.

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“The IEC cannot enforce any provision by imposing any sanction,” he said.

“Yes, the IEC can on its own go to the Electoral Court, but a party or any person can go to the Electoral Court, or in a case that is a criminal offence, go to the police station to lay a charge, and normal investigation and prosecution will follow,” Hendricks said.

Hendricks went further to explain that, the IEC can entertain complaints from aggrieved parties and can also decide if such complaints can be referred to the electoral court.

He said referring any complaint to the electoral court is also based on circumstance, noting that not all matters will be referred to the electoral court.

“That will be the responsibility of the complainant in such cases,” he said.

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