Retired Judge Johann Kriegler Supports IEC’s Decision to Appeal the Electoral Court’s Judgment

Picture courtesy: (News24) Retired Judge Johann Kriegler passionately defends the IEC’s appeal decision amidst political turmoil.

Phetolo Sematha 

(The Post News)– Retired judge and former chairperson of the Electoral Commission of South Africa (IEC), Johann Kriegler, has publicly defended the IEC’s decision to appeal the Electoral Court’s ruling in favor of the MK Party. Kriegler’s remarks come amidst heightened tensions surrounding the upcoming elections and allegations of bias within the commission.

The Electoral Court recently delivered a landmark judgment, overturning the IEC’s initial decision to disqualify former President Jacob Zuma from contesting in the 2024 National and Provincial elections as a candidate for the MK Party. 

Despite the Electoral Court’s ruling, the IEC has taken the matter to the Constitutional Court. The urgency of this appeal underscores the significance of the case. The court will decide whether Zuma’s inclusion on the ballot is legally sound. The MK Party’s objections, based on Zuma’s criminal record, have added complexity to an already contentious issue.

Mr Kriegler emphasized that there was no cause for suspicion regarding the IEC’s appeal. He stated, “The constitution creates the electoral commission, and the electoral act gives it certain powers, obligations, and responsibilities. In general, they have to ensure that elections are run fairly, freely, and orderly in accordance with applicable laws.”

Kriegler’s unwavering support for the IEC’s decision stems from his belief that seeking clarity from the Constitutional Court is essential. “Elections are the most significant political matter for all South Africans,” he asserted. “While politicians may attempt to score points, it is unwise and unpatriotic for political parties to attack the commission. The IEC is the referee, and the game can only be a good contest if the referee’s integrity and authority are respected.”

IEC Commissioner Janet Love, who announced the decision to disqualify Zuma, has faced accusations of bias from the MK Party. Kriegler, however, defended her actions. “The law is perfectly clear that the IEC has a duty to do what it is doing,” he said. “Had I been in Commissioner Love’s position, I would have made the same decision.”

Love’s premature declaration that Zuma would not be eligible for the MK Party’s parliamentary candidate list raised eyebrows. Despite subsequent objections, she remained involved in the committee responsible for deciding Zuma’s eligibility, leading to allegations of conflict of interest.

Kriegler’s stance underscores the critical role of the IEC in maintaining the integrity of South Africa’s electoral process. “The commission must embody impartiality and uphold the highest standards of fairness,” he emphasized. “Challenging the authority of the IEC undermines the credibility of our elections.”

While Kriegler’s support for the IEC has garnered praise, critics argue that the commission’s independence remains questionable. Social media buzzed with contrasting opinions, with some defending the IEC’s actions and others questioning its objectivity.

As the legal battle continues, the eyes of the nation remain fixed on the IEC. Kriegler’s resolute backing of the commission serves as a reminder that fair elections are the bedrock of democracy. Whether the Constitutional Court will uphold the IEC’s appeal or reaffirm the Electoral Court’s ruling remains to be seen, but one thing is certain: South Africa’s political landscape is in flux, and the IEC’s decisions will shape its future.

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