The FF Plus will appeal against the Independent Electoral Commission's decision to allow the ANC to field Winnie Madikizela-Mandela as a Parliamentary candidate in the 22 April election.
"The [FF Plus] will, in terms of the Electoral Act, submit its objections to the Electoral Court by Thursday 26 March," FF Plus spokesperson Pieter Groenewald said on Tuesday.
The party still believed Madikizela-Mandela was not qualified and that the IEC made a mistake in its decision on her candidacy.
The Electoral Court would have to hand down its decision on the matter by 31 March to remain within the rules of the Act, Groenewald said.
According to the IEC's letter to the FF Plus, the party's objection to Madikizela-Mandela's candidacy was dismissed "as a dispute on the interpretation of the Act and not as a factual dispute".
"It is clear that the IEC is not prepared to make an unpopular decision and therefore passed the ball back to the Freedom Front Plus," said Groenewald.
"It is the task of the IEC to see to it that all candidates meet the legal requirements. In order for it to do this, the IEC has to be able to interpret the law," he said.
The FF Plus remained convinced that Madikizela-Mandela did not qualify in terms of section 47(1)(e) of the Constitution.
Reasons behind the objection
This section stipulated that anybody found guilty of a crime and sentenced to more than 12 months imprisonment without the option of a fine did not qualify to be a member of the National Assembly.
The section furthermore stipulated that the disqualification only ended five years after a sentence had been served.
Madikizela-Mandela was sentenced to three-and-a-half years in prison in July 2004, without the option of a fine. The sentence was suspended for five years, a period which expires in July.
On Monday, the IEC said Madikizela-Mandela would be allowed to represent the ANC in Parliament.
"The commission finds that the candidate is not disqualified from standing as a candidate in the election of 22 April 2009.
"The objection is accordingly dismissed," the IEC said in a statement.
The IEC said the grounds for the objection were that Madikizela-Mandela was not qualified to stand in the election in terms of the Electoral Act.
Dismissing the objection, it found that there "being no factual disputes, the matter has to be decided on the interpretation of the law".
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