The legal counsel for the Democratic Alliance (DA) has sought to establish the jurisdiction of the Electoral Court in the party’s challenge of President Cyril Ramaphosa’s address as Head of State on May 26.

The DA argues that the President violated the Electoral Act and the Electoral Code of Conduct when he allegedly used the address to garner votes for the African National Congress (ANC).

It adds that Ramaphosa abused his status as Head of State and public funds to influence the outcome of the May 29 elections.

The former opposition party’s lawyer, Advocate Anthony Stein says, “In the case of an electoral period where there’s an election under way, firstly the court has jurisdiction. The only question is whether the court has direct jurisdiction or whether a litigant has direct access and we say, for two fundamental reasons, it is.”

“The first fundamental reason is that this is an electoral period and that in view of the circumstances in which this case is brought, it would not be possible to question like this adjudicated first by the high court and then by this court.”

An exchange on this point then ensued between Chairperson of the Electoral Court, Justice Dumisani Zondi and Adv Stein for clarity:

Justice Zondi, “But why?”

Adv Stein, “Because of the timing.”

Justice Zondi,”What’s wrong with it?”

Adv Stein, “The events that are the subject of this occurred on the eve of the election.”

Live stream: DA challenges President Cyril Ramaphosa’s May 26 address: