WALLIS AJ
[3]
The IEC was established in terms of the Electoral Commission Act7
(Commission Act). This case requires us to examine the manner in which the IEC
discharged its functions in relation to the Tlokwe by-elections. Commendably, the
IEC has asked that this Court should provide it with guidance on its responsibilities,
particularly in relation to the registration of voters – the primary source of the disputes
in this case.
The facts
[4]
The first three applicants were formerly members of the African National
Congress (ANC) and elected councillors, in wards 18, 13 and 20 respectively, in the
Tlokwe Local Municipality. They fell out with their party and, in the by-elections in
question, stood as “independent candidates united against corruption”. The other five
applicants joined them and stood under the same banner in other wards. They are not
a political party, but are informally aligned with one another as a group of which
Mr Kham, the first applicant, is the leader. They all lost to candidates representing the
ANC.
[5]
The first by-election was held in ward 9 on 7 August 2013 and the eighth
applicant was unsuccessful in his bid for election. According to the official poll
results issued by the IEC, he received 504 votes as against the 738 votes recorded for
the successful candidate.
[6]
The second by-election was held in ward 18 on 18 September 2013, where
Mr Kham was a candidate. He received 520 votes and his successful opponent 884
votes. In the immediate aftermath of this by-election Mr Kham lodged a complaint
against the outcome with the IEC in terms of section 65 of the Local Government:
Municipal Electoral Act8 (Municipal Electoral Act), but the IEC dismissed the
complaint. The basis for the complaint was that he believed that voters had been
7
Act 51 of 1996.
8
57 of 2000.
5