The Electoral Commission of South Africa (IEC) has dismissed an appeal by the Islamic State of Africa (ISA) to register as a political party, citing that the group’s proposed principles are incompatible with South Africa’s Constitution.
ISA, a newly formed organisation, had submitted an application to the IEC earlier this year, proposing to base its political platform on Sharia law.
However, the Commission ruled that the party’s guiding philosophy violated key constitutional values, including the principles of democracy, equality, and secular governance.
“The party’s proposed principles are in direct conflict with the democratic and constitutional values enshrined in South Africa’s law,” the IEC said in a formal statement.
Constitutional Grounds for Rejection
Under the Electoral Commission Act, any party seeking registration must comply with the Constitution of South Africa.
The IEC emphasised that it cannot register parties whose policies promote governance systems or ideologies that contradict constitutional democracy.
“We are duty-bound to ensure that all registered parties uphold the spirit and letter of the Constitution,” the Commission added.
ISA Pushes Back
ISA spokesperson Ethan Ramkuar criticised the IEC’s decision, calling it discriminatory and hinting at legal action.
“We respect the process but disagree with such judgment from IEC. Our democracy allows us to challenge decisions of any institution, and allow the courts to make a decision,” Ramkuar said.
He also drew comparisons to existing religiously affiliated parties, such as the African Christian Democratic Party (ACDP), arguing that ISA’s faith-based values should be treated equally.
“We are not different from some existing religious-based parties. The decision appears discriminatory,” Ramkuar added.
The group has confirmed its intention to challenge the ruling in the High Court, arguing that their freedom of association and political participation are being infringed upon.
Expert Analysis
Political analyst and UCT lecturer Dr. Ahmed Essop supported the IEC’s decision, stating that South Africa’s constitutional democracy must be safeguarded against ideologies that undermine its secular foundations.
“The IEC is rightly upholding constitutional values. Allowing a party to promote laws inconsistent with secular democracy could undermine social cohesion,” Dr. Essop said.
While the ISA has not been linked to any violence or extremist activity, its ideological platform raised concern about potential conflict with South Africa’s Bill of Rights, particularly regarding gender equality, freedom of religion, and the rule of law.
Next Steps
ISA has indicated it will explore all legal avenues and is likely to file papers in the High Court in the coming weeks.
“We will not let this go unanswered. We will explore all legal avenues to ensure our rights are upheld,” Ramkuar said.
The case is expected to test the balance between freedom of political expression and constitutional compliance in South Africa’s evolving democratic landscape.
Happy with the IEC’s decision?
Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1
Subscribe to The South African website’s newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.
