WALLIS AJ
“That depending on the results of the investigation ordered herein and the
recommendations in the report in 3.2 above it be ordered that:
4.1
The unlawful election of any candidate be set aside and that new by-elections
be convened in the ward where such candidate was elected.
4.2
Any political party and/or candidate of a political party involved with or
responsible for an orchestrated or collective effort or the provision of
assistance to registered voters, to illegally register in any ward where
by-elections in the Tlokwe [Local] Municipality were held or are due to be
held in 2013, be disqualified from participating in the by-elections.”
[17]
On 28 March 2014, the applicants amended the relief they were seeking. They
continued to pray for an order compelling the IEC to commission an independent
forensic investigation into the registration of voters in the eight wards in which they
had been unsuccessful candidates. The by-election of 7 August 2013 was added to the
list of those to be investigated. But the relief prayed consequent upon receipt of the
report of the proposed investigation was not substantially altered. It now read as
follows:
“Should the report contain any adverse findings in respect of the by-elections in 2013
within the Tlokwe Local Municipality, which findings indicate irregularities which
may have had an adverse effect on the freeness and fairness of the by-elections in the
Tlokwe Local Municipality in the 2013 by-elections, it is ordered that:
4.1
The unlawful election of any candidate in any particular ward be set aside
and that the First Respondent be ordered to convene new by-elections in such
ward where such candidate(s) was/were elected.
4.2
Any political party and/or candidate of a political party involved with or
responsible for an orchestrated or collective effort or the provision of
assistance to registered voters to illegally register in any ward where
by-elections in the Tlokwe Local Municipality were held in 2013, be
disqualified from participating in the by-elections.”
[18]
Eventually the Electoral Court heard the case in January 2015. By then the
evidence before the Court ranged over a wider area than in the original application.
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