WALLIS AJ objection in terms of section 15 of the Electoral Act, and that had not been done. Lastly, it held that the complaint about such voters’ participation in the elections should have been pursued in terms of section 65 of the Municipal Electoral Act and the applicants, save for Mr Kham in September, had not done this. [21] Wepener J dissented from these conclusions. He held that it was an exercise in placing form over substance to non-suit the applicants because of the manner in which they had originally framed their prayer. On the facts he held, as had the majority, that on the IEC’s own affidavits there were serious irregularities in the electoral process. These consisted of the registration of voters in wards where they were not entitled to be registered;16 the failure to adhere to the election timetable in providing the candidates with a free copy of the voters’ roll; and, the fact that the voters’ roll that was made available did not include voters’ addresses. In his view these irregularities meant that the election had not been free and fair. As his was a minority judgment he did not formulate the relief that he would have granted flowing from this conclusion. In this Court [22] The applicants accept that the Electoral Court was correct to hold that the relief by way of an order that the IEC commission a forensic investigation was beyond its jurisdiction. They confined themselves to seeking an order setting aside the by-election results in the eight wards relying on the irregularities that emerged from the IEC’s own papers. Their complaint was that on the evidence of irregularities in the IEC’s own affidavit, especially the rejoining affidavit, the by-elections could not be said to have been free and fair and accordingly they should be set aside. Issues [23] The following issues must be addressed: 16 It was not suggested that these individuals were not entitled to be registered as voters on the national common voters’ roll. The objection was confined to saying that they were not entitled to be registered in these particular wards. 12