STATEMENT BY BRETT HERRON, GOOD SECRETARY-GENERAL, ON THE ELECTORAL COURT RULING TODAY
GOOD was never a party to the review application between the DA and the Electoral Commission.
The Court found that the Electoral Commission did not have the powers to determine the complaint lodged by GOOD, nor to impose a sanction, and should have referred the complaint to the Electoral Court for determination.
The fact remains that the DA’s statement was and is false. Today the Electoral Court issued its judgment on the review application brought by the DA against a finding of the Electoral Commission.
The Electoral Commission interpreted the Electoral Act and the Code of Conduct as empowering it to find that the DA was interfering in the conduct of free and fair elections by publishing false information about GOOD Leader, Patricia De Lille.
The Electoral Commission ordered the DA to desist and to apologise to Ms De Lille. The DA took this finding on review. GOOD agreed to abide by the decision of the court and was not a party in the dispute.
The Court found that the Electoral Act did not confer powers on the Commission to determine the complaint, or to impose a sanction, and set aside the finding and the sanction.
The elections are over, the people of South Africa have voted, and GOOD secured two seats in the National Assembly and one in the Western Cape Provincial Legislature.
This electoral success was achieved against all odds, with only four months to campaign, and despite the DA’s best efforts to spread false information about Ms De Lille and GOOD.
The Court recognised that Ms De Lille has the right to pursue the DA in other courts and did not decide on the merits of the complaint lodged by GOOD.