ANC Statement, 27 March 2014

 

 

ANC's urgent High Court application against the DA

 

 

The African National Congress has today, 27 March 2014, launched an urgent
application in the South Gauteng High Court to stop the DA from violating
the Electoral Act and Electoral Code of Conduct which prohibits campaigning
based on false information. In terms of the Electoral Act and the Electoral
Code of Conduct no person or organization is allowed to publish false
information in order to influence the conduct and/or outcome of the
elections. Further, the Code of Conduct forbids any registered party bound
by it to publish false information about another registered party, its
candidates or members.

 

In recent weeks the DA has been engaging in spreading malicious lies about
the President deliberately distorting the findings in the Public Protector's
Report. On 20 March 2014, the ANC learnt of a bulk SMS distributed by or on
behalf of the DA falsely accusing the President of having stolen public
money to build his private residence in Nkandla.

 

The flagrant disregard of the pledge and violation of the Code of Conduct
and the Electoral Act is reflected in the dissemination of bulk sms messages
that says "The Nkandla report shows how Zuma stole your money to build his
R246 million home. Vote DA on 7 May to beat corruption. Together for
change."  These false accusations are designed to influence voters to
perceive the ANC negatively and to distort public discourse.  This court
application follows a letter of demand that was submitted to the DA on the
24th March 2014 wherein we demanded the DA to retract and apologise for the
false and vindictive text messages and to recommit themselves to the spirit
and the letter of the Electoral Act and its Code of Conduct.  They have
arrogantly refused to retract and apologise.

 

Further, the DA has used these deliberately fabricated false accusations to
call for the impeachment of President Zuma. These false accusations unduly
prejudice the person of the President, the ANC and poison the electoral
atmosphere.  In this way they have undermined the fact that parliament has
not received and considered the report of the Public Protector. It is the
view of the ANC that Chapter 9 institutions including that of the public
protector must report to parliament in writing on the outcome of their work
which requires Parliament's attention. We agree with the Chief Whip of the
ANC that such work assists Parliament with its oversight role and holding
the executive and other state institutions accountable.

 

The Public Protector's response to ANC Chief Whip's assertion on the
impeachment, said that her office had not submitted its report to Parliament
and that secondly she has not requested Parliament to act on the report.
This emphasizes the view that there is no basis for impeachment arising out
of her report.  This again, is a clear indication of negative campaigning
and clear publicity seeking stunts by the DA.

 

It is the view of the ANC that the peddling of lies and false accusations
should not be tolerated as that may lead to intolerance, incitement and
lawlessness, a climate that is not conducive to free and fair elections.  In
its action the ANC seeks not only protect the integrity of the President and
the ANC but to ensure adherence to the letter and spirit of the Electoral
Act, its Code of Conduct, and all its regulations.

 

 

Issued by: 

Jackson Mthembu

National Spokesperson

 

African National Congress

Chief Albert Luthuli House

54 Sauer Street, Johannesburg, 2001

 

Enquiries:

Keith Khoza, 082 823 9672

Khusela Sangoni-Khawe, 072 854 5707

 

 

 

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