December 2013 in wards 1, 4, 11, 12, 13 and 20, were not free
and fair.
(b)
The outcome of those by-elections is set aside and fresh byelections are to be held in terms of section 25 of the Local
Government: Municipal Structures Act 117 of 1998.
(c)
It is declared that when registering a voter to vote in a particular
voting district after the date of this order the Electoral
Commission is obliged to obtain sufficient particularity of the
voter’s address to enable it to ensure that the voter is at the time
of registration ordinarily resident in that voting district.
(d)
It is declared that in all future municipal elections or by-elections
the Electoral Commission is obliged in terms of section 16(3) of
the Electoral Act 73 of 1998 to provide all candidates in
municipal elections, on the date on which they are certified, with
a copy of the segment of the national voters’ roll to be used in
that ward in that election including the addresses of all voters,
where these addresses are available.
(e)
The Electoral Commission is directed to pay the applicants’
costs, save for any additional costs occasioned by the joinder of
the eighth applicant.
6.
The orders in 5(c) and (d) are prospective in their operation from the
date of this order and do not affect the validity of any election or
by-election held prior to the date of this order.
JUDGMENT
WALLIS AJ (Mogoeng CJ, Moseneke DCJ, Cameron J, Jafta J, Khampepe J,
Madlanga J, Matojane AJ, Nkabinde J, Van der Westhuizen J, and Zondo J
concurring):
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