WALLIS AJ sophisticated computer programmes that enable them to correlate the contents of the voters’ roll with other information and enable them to detect errors.50 [54] But resources of this nature are not freely available to independent candidates such as the applicants, or ratepayers’ bodies participating in municipal elections, or smaller political parties seeking to make a political breakthrough. To restrict their capacity to object to the voters’ roll to a mode of objection suited only to the large and the well-resourced, would be a substantial check on their ability to participate meaningfully in elections and their constitutional right to stand as candidates for public office. It would be a particularly acute problem at the level of local government where one finds the majority of such candidates and groupings. That construction of section 15 would not be in accordance with the spirit, purport and objects of the Bill of Rights as required by section 39(2). The clear and ample rights to participate in the political process protected by section 19 of the Bill of Rights would be unnecessarily constricted by this interpretation. It follows that the applicants were not confined to objections under section 15 of the Electoral Act to pursue their objections to the registration of voters in wards where they were not entitled to be registered. Section 65 of the Municipal Electoral Act [55] The IEC also contended that insofar as the outcome of the by-elections was concerned the remedy for the applicants lay in pursuing an objection to the results in terms of section 65 of the Municipal Electoral Act. The Electoral Court upheld this contention. In doing so it overlooked the fact, as had the IEC, that section 65(1)(a) is limited to objections concerning “any aspect of the voting or counting proceedings provided for in Chapter 5 or Chapter 6” of the Municipal Electoral Act. But these chapters deal with the mechanics of voting and counting of votes on and after election 50 The formidable electoral capability of political parties is apparent from the decision of this Court in Democratic Alliance v African National Congress and Another [2015] ZACC 1; 2015 (2) SA 232 (CC); 2015 (3) BCLR 298 (CC), where a text message in relation to a forthcoming election was sent to 1.6 million voters. 30

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