WALLIS AJ
was obliged to comply with it.60
The timetable for the December by-elections
provided that the segments of the voters’ roll had to be prepared and certified by
14 November 2013 and that candidates had to be certified by 25 November 2013.
That was accordingly the date upon which they became entitled to receive a copy of
the segment of the voters’ roll for their ward in terms of section 16(3) of the
Electoral Act. They did not receive it until nine days later. That was a breach by the
IEC of its obligation under section 11(3) of the Municipal Electoral Act to comply
with the timetable. And it is interesting to note that the minutes of a meeting of the
representatives of the candidates convened by the IEC on 3 December 2013 recorded
that all candidates complained about the late delivery of the segments of the voters’
roll.
[79] In the absence of greater detail it is not possible to assess the full impact of this
breach by the IEC of its obligation to comply with the electoral timetable on the
by-elections. We do not for example know what the candidates had been doing to
canvass voters from October, when the by-elections were postponed, through
November until the final roll was made available to them. We do not know what
alternative means they had available to identify voters in these wards and make
contact with them. However, it is probable that the political parties would have been
better situated than independent candidates to do so.
[80] In three respects therefore the by-elections in December 2013 were infected
with irregularities.
Mr Kham’s by-election in September involved irregular
registration of voters and the provision of a segment of the voters’ roll that lacked
addresses. However, it was not established that there were any further irregularities in
the preparation for and conduct of this by-election. Mr Kham made far-ranging
allegations of further irregularities in regard to registration of unqualified voters, in
respect of which the evidence available to him was limited, but which were not
adequately rebutted by the IEC. He did not seek to establish these by oral evidence
60
Section 11(3) of the Municipal Electoral Act.
41