WALLIS AJ
from an order setting aside the outcome of these by-elections. The terms of the
directions were as follows:
“1.
The first respondent is directed to furnish the following information on
affidavit on or before Wednesday, 18 November 2015:
(a)
Should any declaration in regard to the outcome of the elections
and steps to be taken by the Electoral Commission in conducting
elections operate retrospectively or prospectively?
(b)
Will it be practicable to hold fresh by-elections by 28 February
2016?
2.
(c)
If not, why will it be impracticable?
(d)
If not practicable, how much additional time is required?
The second respondent is directed to furnish the following information on
affidavit on or before Wednesday, 18 November 2015;
(a)
Would an order setting aside the impugned by-elections with
prospective effect disable the Municipality from performing its
functions and, if so, in what respects and why?
3.
The applicants are directed to furnish their representations, if any, on 1 and 2
above on affidavit on or before Friday, 20 November 2015.”
[114] The IEC responded to the first question by saying that any declaration in regard
to the conduct of by-elections generally should operate prospectively. So did the
applicants. I agree. It would not be appropriate for us to make an order that had
within it the seed of possible legal challenges to the operations of the Tlokwe Local
Municipality during the past two years or the seed of challenges to the outcome of
other by-elections.
[115] The IEC’s response to the question whether it would be practicable to hold
by-elections by 28 February 2016, which was slightly more than 90 days after the date
the directions were issued, was more elliptical. The chief electoral officer said that it
would be “possible but not realistic, workable or viable”. He explained that municipal
elections for all municipal councils will, in terms of the Structures Act, have to be
held between 18 May and 16 August 2016. But then he submitted that a municipal
manager could not call a by-election on or after 16 November 2015, because that
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