WALLIS AJ
this. It also accepted that the segments of the voters’ roll that it made available to the
parties did not contain the addresses of the voters.
[15]
From a factual perspective the applicants were content to advance their case in
this Court largely on the basis of the IEC’s investigation. They did not abandon the
wider allegations made in the founding and supplementary affidavits, but proceeded
on the footing that without further investigation these were not at this stage proven.
However, they said that it was proper for the Court to find that the eight by-elections
had not been free and fair on the basis of the concessions by the IEC in relation to
these three matters alone.
Electoral Court
[16]
The application for an interdict to prevent the by-elections being held on
11 December 2013 was, as already indicated, overtaken by events. But, instead of
starting afresh with their case, the applicants amended the relief they were seeking
from the Electoral Court and continued with the litigation. Originally they had sought
an order postponing the by-elections to be held on 11 December 2013 together with
the following relief:
“2.
That the First Respondent, at its own expense, be ordered to instruct a
suitably qualified, reputable and independent firm of forensic investigators to
conduct a full forensic investigation into the registration process adopted and
implemented by the First Respondent for all by-elections held on 17 and 18
September 2013 [and to] be held on 10 and 11 December 2013 in the district
of the Tlokwe Local Municipality, North West Province in 2013 and revert to
the abovementioned Honourable Court with [a] full report in writing of the
said firm’s findings within 60 days (sixty days) from [the] date upon which
the order is granted.”
Prayer three dealt in some detail with the contents of the forensic report. Prayer four
read:
9