In its submissions appellant has stated that it has since the objection was lodged
obtained affidavits from a number of voters prevented from casting their votes. Only four
such voters are required to materially affect me declared result of the election.
The IEC has submitted that the commission is not a court and does not have the
jurisdiction to adjudicate such objections. The power to adjudicate electoral disputes and
complaints concerning conduct prohibited by the Electoral Code of Conduct in Schedule 1
of the Act, has been specifically placed within the jurisdiction of this court and other courts
designated by this court.
As a general proposition regarding transgressions of the Electoral Code this Is
substantially correct
However, this submission overlooks the specific powers given to the IEC in
section 65 of the Act regarding objections material to the declared result of an election. In
terms of section 65(4) the commission is obliged to consider the objection and to decide it.
In considering and deciding the objection the commission in terms of section 65(3) may-
"(a)
investigate the factual basis of the objection;