After all the objects of the commission are "to strengthen constitutional democracy and promote democratic electoral processes (section 4 of the Electoral Comission Act 51 of 1996) and it has the duty to ensure that any election is free and fair [section 5(l)(b)], In terms of the Local Government: Municipal Electoral Act 27 of 2000 the Act is administered by the commission and the commission must administer this Act in a manner conducive to free and fair elections [section 4(1) and (2)]. It is manifest that the IEC should have considered this objection on its merits. In the premises the following order is made; 1. The application for review dismissed. 2. The appeal against the dismissal by the electoral commission of the complainant lodged by the Inkatha Freedom Party against the election result in ward 12 Mandeni is allowed. 3. The electoral commission is directed to consider and decide, in terms of section 65 of the Municipal Electoral Act 27 of 2000, on the merits of the

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