Coram: Mogoeng CJ, Moseneke DCJ, Cameron J, Jafta J, Khampepe J, Madlanga J, Matojane AJ, Nkabinde J, Van der Westhuizen J, Wallis AJ and Zondo J Judgment: Wallis AJ (unanimous) Heard on: 10 September 2015 Decided on: 30 November 2015 Summary: Municipal elections — whether free and fair — obligations of the Electoral Commission — duty to register voters in correct voting district — duty to show addresses on voters roll — adherence to election timetable — non-compliance resulting in by-elections not being free and fair — just and equitable relief — outcome of by-elections set aside — fresh by-elections ordered — procedure to be followed in accordance with Local Government: Municipal Structures Act 117 of 1998 ORDER On appeal from the Electoral Court: 1. Condonation for the late filing of the complete record is granted. 2. The Electoral Commission is to pay the costs of the application for condonation. 3. Leave to appeal is granted to the first to seventh applicants and refused in respect of the eighth applicant. 4. The appeal is upheld with costs, including those consequent upon the employment of two counsel. 5. The order of the Electoral Court delivered on 19 March 2015 is set aside and replaced by the following order: (a) It is declared that the by-elections conducted in the Tlokwe Local Municipality on 12 September 2013 in ward 18 and on 10 2

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