WALLIS AJ
registered and permitted to vote in ward 18 even though they were not entitled to do
so, because they were not resident in the ward when they registered. He suspected
that his political opponents had orchestrated these improper registrations so as to
ensure his defeat at the polls. Whether and, if so, to what extent his suspicions of
electoral impropriety were justified is a matter to which I will revert.
[7]
On 20 September 2013, when preparations were underway for further
by-elections to be held on 23 October 2013, Mr Kham sought information from the
IEC concerning the registration of voters in all wards in which by-elections were held
in Tlokwe, both on his own behalf and on behalf of members of his group. The
request was made formally in terms of PAIA.9 Some documents were furnished to
him pursuant to this request on 1 November 2013. These too will be dealt with later.
[8]
The further by-elections scheduled for 23 October 2013 were to take place in
wards 1, 4, 11, 12, 13 and 20. Objections were lodged to this date with the IEC, on
behalf of those of the applicants who wished to contest them.
As a result, the
by-elections were postponed.10 A fresh date was fixed for 11 December 2013. This
date also attracted an objection, this time that it was inconvenient to voters because of
its proximity to the Christmas holiday season. The IEC rejected the objection and it
plays no further role in the events leading up to the present litigation.
[9]
Once again the spectre of improper registration of voters in the wards where
by-elections were to be held reared its head. In addition the segments of the national
voters’ roll to be used for the purposes of the by-elections were only given to
candidates on 4 December 2013, instead of 26 November 2013, the date applicable in
accordance with the electoral timetable published by the IEC.11 The segments of the
voters’ roll for each ward given to the candidates were unhelpful in that they did not
9
Promotion of Access to Information Act 4 of 2000.
10
In terms of section 8 of the Municipal Electoral Act.
11
The date on which the candidates were certified as such.
6