Court tries to find solutions ahead of local government elections

09 May 2016 - 21:36 By Ernest Mabuza

Chief Justice Mogoeng Mogoeng on Monday considered solutions to ensure that local government elections set for August 3 go ahead despite the failure by the IEC to have a voters’ roll with addresses of voters as required by law.The Constitutional Court heard an application by the Electoral Commission of SA for leave to appeal against a judgment of the Electoral Court in February.The Electoral Court postponed by-elections that were to be held in Tlokwe‚ North West that month.Independent candidates participating in those elections had challenged the validity of the certified voters’ roll in the Electoral Court on the basis that it contained names of approximately 4‚000 voters without their addresses.The Electoral Court‚ relying on a judgment by the Constitutional Court passed on November 30 last year‚ held that to hold elections where the voters’ roll did not have the addresses would not be free and fair.Section 16(3) of the Electoral Act states that the chief electoral officer must provide copies of the voters’ roll‚ which include the addresses of voters‚ where such are available‚ to all registered political parties contesting the elections.The commission has been unable to provide some of the addresses.A judgment by the Constitutional Court requiring that the voters' roll should have addresses for all voters would affect the running of the local government elections.In its papers before the Constitutional Court‚ the commission states that 32% of voters’ addresses had not been captured‚ and 33% of the voters’ addresses were incomplete.This meant only 35% of the voters on the roll had complete addresses.After hearing submissions from seven parties‚ the court reserved judgment on Monday night.Addressing Inkatha Freedom Party counsel Kemp Kemp SC‚ Mogoeng proposed an order whereby the court would declare that the conduct of the IEC was unlawful for its failure to comply with Section 16 (3).Mogoeng also suggested an order suspending the requirement that all addresses must be obtained before August 3‚ and that a voters’ roll must be cleaned up by May 2018‚ a year before the national election.Kemp welcomed the suggestion made by Mogoeng.Counsel for the IEC‚ Wim Trengove SC‚ submitted that free and fair national elections could be held without addresses.He said while the requirement of disclosure of addresses would help to keep the voters’ roll honest‚ it was unfounded to say it was a requirement for a free and fair local government election.The African National Congress‚ the Minister of Cooperative Governance and Traditional Affairs and the National House of Traditional Leaders supported the application by the IEC.However‚ the Inkatha Freedom Party and the Democratic Alliance opposed the application by the IEC.TMG Digital..

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