WALLIS AJ
[51]
Section 15 does indeed provide a mechanism for lodging objections to the
voters’ roll. The question is whether it is the only one. Importantly, it does not say
that its use is exclusive. In order to lodge an objection, the objector first has to
identify the voters who are wrongly registered, and serve notice of their objection on
the people to whose registration they object.47 It is unclear how the applicants were
supposed to comply with this requirement and the IEC does not suggest that it was
practically feasible for them to do so.
[52]
To recapitulate, they received their free copies of their segments of the voters’
rolls on the afternoon of 4 December 2013 and the election was held on
11 December 2013. The copies they received contained no addresses. In order to
lodge an objection under section 15, they had to identify from this unhelpful document
the voters to whose registration they objected; formulate their objection and support it
with documentary evidence;48 serve the objection on the voters concerned and then
wait for up to fourteen days for the IEC to make a decision. 49 That would have taken
them well past the election. To construe section 15 in the restrictive fashion suggested
by the IEC might advance bureaucratic interests, but it is not consistent with its
broader obligation to create an environment in which free and fair elections can take
place in which all qualified citizens may participate either as candidates or voters.
[53]
Section 15 is simply not structured to deal with objections of the type that the
applicants were making in sufficient time to enable by-elections to be held on a
corrected voters’ roll. It may well provide a workable procedure for adoption by large
and well-resourced political parties, who can monitor the roll throughout the year as
voters are added to it or removed from it. They have their own records regarding
voters and other means to enable them to cross-check against the voters’ roll any
registration that they regard as doubtful. In addition, they are likely to have available
47
Section 15(2) of the Electoral Act.
48
Mr Kham’s objection in September 2013, on the basis of erroneous registrations and the bussing in of voters,
was rejected on the grounds that he failed to produce supporting documents.
49
Section 15(3) of the Electoral Act.
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