NO.524
Contraventions of the code of conduct in the days preceding The election and even on
election day that have not been shown-to be material to the declared result of the election
should be dealt with by the designated courts as the IEC has correctly submitted.
The other objections raised bytheappellantbothin respect ofward 5 and the balance
' of the objections relating to ward 12 lie within thisfieldand were correctly dismissed by the
IEC as respondent.
In ward 5 with a winning majority of 181 votes it cannot readily be shown on the :
probabilities that if anumberof voterswerepreventedfromcasting their votes it would have
had a material effect on the declared result of the election-
However, in ward 12 with a majority of only 3 votes such an allegation by the mere
fact of being made calls for an investigation and cannot be dismissed on the basis that no
affidavits were filed. The affidavits could and should have been called for by the EEC,
In terms of section 19(3) ofthe Constitution Act 108 of 1996, every adult citizen has
the right to vote and in terms of section 1(d) of the Constitution one of the founding values
of our Republic is universal adult suffrage.