WALLIS AJ
have determined the application on its merits, without regard to the form in which the
relief ultimately sought had originally been cast.
Section 15 of the Electoral Act
[50]
The IEC did not deal in argument with the scope of the jurisdiction of the
Electoral Court. It did, however, contend that, insofar as the applicants were raising
objections to the registration of voters on the voters’ rolls for these seven wards, they
were confined to doing so by way of the procedure for objecting to the voters’ roll
contained in section 15 of the Electoral Act.46
It was common cause that this
procedure had not been followed and accordingly the IEC contended that it was not
open to the applicants to advance their objections by other means. In doing so, it
endorsed the finding of the Electoral Court that the applicants were obliged to follow
this route to pursue their objections.
46
Section 15 provides:
“Objections to voters’ roll—
(1)
In relation to any segment of the voters’ roll or a provisionally compiled
voters’ roll, any person may object to the Commission in the prescribed
manner to—
(a)
the exclusion of any person’s name from that segment;
(b)
the inclusion of any person’s name in that segment; or
(c)
the correctness of any person’s registration details in that segment.
(2)
A person who objects to the exclusion or inclusion of the name of another
person, or to the correctness of that person’s registration details, must serve
notice of the objection on that person.
(3)
The Commission must decide an objection and, except for an objection in
relation to a provisionally compiled voters’ roll, by not later than 14 days
after the objection was made, notify the following persons of the decision:
(a)
The person who made the objection;
(b)
the chief electoral officer; and
(c)
in the case of an objection against the exclusion or inclusion of the
name, or the correctness of the registration details, of a person
other than the objector, that other person.
(4)
The chief electoral officer must give effect to a decision of the Commission
in terms of subsection (3) within three days.
(5)
No appeal may be brought against the Commission’s decision, subject to
section 20(2)(a) of the Electoral Commission Act.”
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