WALLIS AJ
Constitution protects not only the act of voting and the outcome of elections, but also
the right to participate in elections as a candidate and to seek public office.
[35]
In the case of municipal elections, this right is not dependent upon membership
of, and support by, a political party. It is equally available to all citizens who wish to
make themselves available for election for whatever reason. The applicants may not
have had the support of the big electoral battalions,27 but they were entitled to stand
for election and to be treated in the same manner and have exhibited towards them the
same concern for the election being free and fair, as the large political parties that
dominate the political landscape in this, as in other, countries.
[36]
The statutes that are relevant to the present case are: the Commission Act, the
Electoral Act and the Municipal Electoral Act. The Commission Act established both
the Electoral Commission and the Electoral Court and is central to the jurisdiction,
powers and functions of the latter. The Electoral Act deals with the registration of
voters and the preparation of the national voters’ roll.
As its name implies the
Municipal Electoral Act deals with the conduct of elections in the municipal sphere.
Their provisions bear upon different issues and it is most appropriate to deal with
them as they become relevant to the issues identified above. At the outset, however, it
is appropriate to recognise that the purpose of all these statutes is to provide the
statutory framework required by section 190(2) of the Constitution for the operations
of the IEC. It follows that they provide an indication of what needs to be done to
ensure that elections are free and fair and that material non-compliance with their
requirements will support a contention that an election was not conducted in a free and
fair manner.
27
The Comte de Bussy-Rabutin (1618-1693) and Marshall Henri Turenne (1611-1675) are both credited with
the remark that “God is usually (or always) on the side of the big battalions”. See Cohen and Cohen The New
Penguin Dictionary of Quotations (Viking, London 1992) at 433. The usual attribution is to Voltaire who
wrote: “Dieu n’est pas pour les gros batallions, mais pour ceux qui tirent le mieux”, which is translated in
Knowles Oxford Dictionary of Quotations 6 ed (OUP, Oxford 2004) at 816 as “God is on the side not of the
heavy battalions, but on the side of the best shots.”
21