WALLIS AJ candidates to ascertain who their electorate is and to canvass for support. These matters are fundamental to the electoral process and the conduct of free and fair elections. [43] In addition to this broad power of review, the Electoral Court may hear an appeal against any decision of the IEC insofar as that decision involves a question of law or is provided for in any law.36 The latter includes appeals in terms of section 55(5) of the Electoral Act and section 65(9) of the Municipal Electoral Act, but those as much involve decisions by the IEC on an electoral matter, as do its decisions on other questions. Nor is clarity to be found in seeking to distinguish general decisions by the IEC on electoral matters, which are subject to review, from decisions by it on questions of the interpretation of any law, where an appeal lies with leave of the chairperson.37 Drawing a clear line of demarcation between these two powers is not easy. There may be a measure of overlap between the two functions. But that is not a reason to restrict the scope of the power of review under section 20(1)(a). Rather it is indicative of a situation where certain specific matters involving questions of the interpretation of laws and challenges to the outcome of objections lodged with the IEC after elections, in terms of very specific statutory requirements for objections of that type to be made, are dealt with by processes of appeal, while all other matters involving challenges to the decisions of the IEC are pursued under the Electoral Court’s power of review. [44] This approach is also consistent with section 78(1) of the Municipal Electoral Act, which provides that the Electoral Court has jurisdiction “in respect of all electoral disputes” as well as in respect of complaints about infringements of the Electoral Code of Conduct issued under the Electoral Act.38 In the absence of any statement that this jurisdiction is by way of appeal, it must be exercised under the 36 Section 20(2)(a) of the Commission Act. 37 Section 20(2)(b) of the Commission Act. 38 Schedule 2 to the Electoral Act. 25

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