ConCourt declares Tlokwe polls null and void

01 December 2015 - 14:55 By Ernest Mabuza

The Constitutional Court has ordered the Electoral Commission of SA (IEC) to hold fresh by-elections in seven wards in the Tlokwe Municipality in the North West. On Monday‚ the court declared that the by-elections conducted in those wards on September 12‚ 2013 and on December 10‚ 2013 were not free and fair.The by-elections were held after the African National Congress (ANC) had dismissed rebel councillors who voted with the opposition to oust its mayor dogged by corruption allegations.The candidates complained that the voter registration and the subsequent voter’s roll compiled by IEC were incorrect and inaccurate.The candidates claim these irregularities infringed on their right to a free and fair election.The IEC admitted in court papers submitted to the Electoral Court that there were irregularities in the voters’ roll.However‚ it said the irregularities had not materially affected the outcome of the by-elections‚ won by the African National Congress. The Electoral Court agreed with the IEC. The candidates appealed to the Constitutional Court‚ which found in their favour.The court held that the process of electing councillors to public office was important for the health of democracy at local government level. In a unanimous judgment‚ Acting Justice Malcolm Wallis said it was a legal requirement to register voters in the voting district they reside in.Wallis said this requirement had not been observed by the IEC. The obligation to provide all candidates with a copy of the relevant segment of the voters’ roll containing addresses of voters in the ward was also ignored‚ he said.That was a serious breach of the IEC’s statutory obligations. Without voters’ addresses‚ the ability of candidates to canvass voters was significantly impaired‚ and the IEC fell short of standards. - TMG Digital and Courts/TMG Courts and Law..

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