Independent Electoral Commission chairwoman Pansy Tlakula yesterday attacked the Electoral Court's interpretation of the Electoral Commission Act in its recent finding that her misconduct in 2009 warranted her removal from office.
These allegations were contained in papers filed yesterday with the Constitutional Court, where Tlakula has applied for leave to appeal against the ruling.
Last month the Electoral Court found that Tlakula had committed misconduct in the 2009 procurement of the IEC's offices.
The court also recommended that a committee of the National Assembly review the conclusions.
The ANC chief whip's office indicated last month that parliament would await the outcome of Tlakula's appeal before it takes the steps recommended by the court.
Five political parties, including the United Democratic Movement and the Economic Freedom Fighters, approached the Electoral Court in the weeks before this year's election, asking it to convene an urgent hearing to determine whether Tlakula should be removed as chairwoman of the IEC.
The court found that, despite the misconduct occurring before Tlakula's appointment as chief electoral commissioner in 2011, her conduct could nevertheless be subject to judicial investigation.
It also found that her conduct had an impact on the credibility, independence or integrity of the IEC.
In her application Tlakula said a complaint of misconduct must relate to the conduct of an electoral commissioner.
"The conduct of a commissioner prior to her or his appointment as commissioner cannot be taken into account in determining whether the commissioner has misconducted (sic) herself or himself," she said in an affidavit.
Tlakula said a proper interpretation of section 9 of the Electoral Commission Act made it clear that it was concerned only with the conduct of the commissioner during her term of office. She also said the procedures adopted by the Electoral Court were unfair.
The political parties have 10 days to indicate whether they intend opposing Tlakula's application.
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