WALLIS AJ
[76]
The difficulty with this approach is that section 16(3) of the Electoral Act
explicitly requires the IEC to provide a voters’ roll with the addresses of voters to all
registered political parties contesting the election. It was wisely not suggested that
political parties would be treated more favourably than independent or unaffiliated
candidates. That would be a clear and unjustifiable breach of the constitutional right
of such candidates to stand for public office in free and fair elections. The drafting of
the section may have overlooked independent and unaffiliated candidates, but it must
clearly be construed as referring to all candidates participating in an election.
[77] The obligation to provide all candidates with a copy of the relevant segment of
the voters’ roll containing the addresses of voters in the ward with their addresses
(“where such addresses are available”) was ignored by the IEC in this case. That was
a serious breach of its statutory obligations. Without voters’ addresses the ability of
candidates to canvass voters is significantly impaired. In these wards, in addition to
residences of a conventional type as reflected on the plans and photographs, where
street names or numbers and house numbers should be available, there are areas of
informal settlement. Candidates given a voters’ roll that merely reflects names and ID
numbers are faced with an enormous task in trying to identify which residents are
registered to vote. Even in areas where there are formal dwellings many of the
residents may not have telephones and be capable of identification by reference to the
telephone directory. The ubiquitous mobile phone is not to be found in conventional
directories. How then does a candidate convert the list of names into identifiable
voters who they will want to contact and persuade to give them their votes?
[78] These difficulties would have been compounded by the fact that the candidates
in the December by-elections were only provided with copies of the segments of the
voters’ roll applying to their wards on 4 December 2013, a mere seven days prior to
the election. Section 11(1)(a) of the Municipal Electoral Act required the IEC to
prepare an election timetable and, in the absence of any change to that timetable, it
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