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