Election Investigations Guidebook jurisdiction for investigation and adjudication.303 Hence, many candidates brought complaints directly to the CEC, bypassing ConECs. Although the CEC formally registered all such complaints, it subsequently shuttled them back to the relevant ConEC for investigation and review.304 In addition to these jurisdictional challenges, ConECs failed to investigate or resolve received complaints in many instances, which led to allegations of institutional malpractice.305 Questions over subject-matter jurisdiction often result in institutional failure to take responsibility for investigations. In Inkatha Freedom Party v. Independent Electoral Commission, the South African Election Court held that the IEC has jurisdiction to investigate claims that are material to the result of an election despite the fact that the IEC argued that it lacked the statutory power to adjudicate electoral disputes or misconduct.306 The Court found that, while the IEC does not have the explicit statutory authority to adjudicate alleged violations of the Electoral Code, the legal electoral framework empowers this institution to “investigate and conduct a hearing to decide an objection concerning any aspect of an election that is material to the declared result of the election.”307 The Court reasoned that “the commission is the only entity with original jurisdiction to rescind the declared result of an election. Such jurisdiction is only given to this court on appeal to it from a decision of the IEC….”308 This case underscores the importance of defining jurisdiction prior to elections in order to avoid questions of authority, particularly with respect to claims that may determine election results. Referral and Joint Investigation Investigative bodies and other relevant institutions—such as law enforcement agencies, election management bodies, prosecution services, and courts or tribunals—must establish communication mechanisms in advance of the election process to facilitate timely referrals and effective cooperation during investigations. 303 Id. 304 Id. 305 Id. 306 Inkatha Freedom Party v. Independent Electoral Commission 2009 (1) ZAEC 3 at 10 (S. Afr.). 307 Namat Aliyev, App. No. 18705/06 Eur. Ct. H.R. ¶ 55 (2010). 308 Inkatha Freedom Party, 2009 (1) ZAEC 3 at 10.; Electoral Commission Act 51 of 1996 § 65(6)(a) (S. Afr.). 96