WALLIS AJ
[124] The Speaker raises the fact that the Municipal Demarcation Board is
contemplating combining Tlokwe Local Municipality with the Ventersdorp Local
Municipality, which is at present in special measures. But, if that occurs, it will only
be after the 2016 elections. She also refers to proposals to reconstitute some of the
wards in Tlokwe. But this process is subject to objection and relates to possible future
events.
The by-elections with which this Court is concerned took place on the
existing ward boundaries. Any by-elections to be held pursuant to our order must be
held in respect of the wards with the boundaries as they existed at that time.
[125] The supplementary submissions in response to the Court’s directions have
usefully focussed attention on the key statutory provisions that apply to the conduct of
by-elections. The by-elections that must be held as a result of this Court’s order must
accordingly be conducted in accordance with those statutory provisions and this will
be reflected in the order.
Costs
[126] The applicants have been compelled to pursue their case to this Court in order
to vindicate important constitutional rights. They should have their costs and it was
not suggested otherwise. They asked for the costs of three counsel, but there is no
warrant for that. The costs of two counsel is reasonable.
Order
[127] The following order is made:
1.
Condonation for the late filing of the complete record is granted.
2.
The Electoral Commission is to pay the costs of the application for
condonation.
3.
Leave to appeal is granted to the first to seventh applicants and refused
in respect of the eighth applicant.
4.
The appeal is upheld, with costs, including those consequent upon the
employment of two counsel.
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