WALLIS AJ
particular ward is prepared, it will include only voters qualified to vote in that ward.
And it is as important to ensure that those who are not qualified to vote are excluded,
as it is to enable those who are qualified to vote to do so. 57
[65]
In order to enable the IEC to discharge the obligation imposed by section 8(3),
the prescribed form that must be completed by every aspirant voter when registering
to vote requires them to provide the address at which they ordinarily reside. The IEC
contended that it was not part of its function to ascertain whether that address was
correct. I would reserve any decision on that point, because it is not germane to the
problem in the present case. As section 8(3) makes clear, what the IEC’s chief
administrator, the chief electoral officer, was obliged to do was to register the voters
in the voting district in which they were ordinarily resident when they applied for
registration. That obligation may not have required the chief electoral officer to
undertake an investigation of the accuracy of the address given (although, in a society
where one cannot lawfully acquire a mobile phone without providing such proof, one
wonders why not), but it certainly required that the information given in regard to the
voter’s ordinary place of residence had to be sufficiently clear to ensure that the voter
could be accurately placed in the correct voting district. A generic address, whether
that of an informal settlement, such as Crossroads in Cape Town or Bester’s Camp in
Durban, or that of an upmarket suburb, such as Constantia in Cape Town or
Morningside in Durban, is simply insufficient for this purpose.
[66]
Voting districts are not, as the argument on behalf of the IEC would have it,
areas the demarcation of which is in some way doubtful or debatable. They are
established by the IEC itself in terms of section 60 of the Electoral Act. The IEC
determines the boundaries of each voting district and must prepare a map showing
those boundaries.58 When a voter comes to register as such, it is for the IEC and its
officials to procure as much information from that voter as is necessary to enable it to
57
New National Party above n 24 at para 33.
58
Section 60(1)(c) of the Electoral Act.
35