In its submissions the IEC as respondent relies on a judgment of this court in the
matter of Pitso v The Electoral Commission case no 1/2001 and in particular on the
following passage in the judgment:
"In my view objections material to the declared results of an election in terms of
section 65 of the Act will in the overwhelming majority of cases be concerned with
the irregularities in the voting procedure, the ballot papers, the number of votes cast
and the number of spoilt ballot papers and the reasons why those ballot papers were
rejected. In other words any irregularity which would affect the tally of votes to the
extent that an unsuccessful candidate may gain sufficient votes to reverse the election
result.
Should an objector rely on an irregularity such as the display of a poster or an
unlawful interference with a voter's choice of candidate, then a sufficient number of
affidavits of voters concerned would probably have to be filed in support of the
objection to show that the declared result of the election might have been materially
affected."
It would appear that the latter portion ofthe judgment has not received the attention
which it merited.