WALLIS AJ
[68]
That the IEC did not do this in the case of the wards in Tlokwe is apparent
from its own investigation. But the limitations of that investigation must also not be
overlooked. It dealt only with new registrations in the affected wards between 2000
and February 2014. It covered only 3832 voters. Of those 1040 were definitely
registered in the incorrect ward. But 332 additional voters were problematic because
the addresses given on their registration forms were so sketchy that it was impossible
to say whether they were registered in the correct ward. A number of others were
registered in the correct wards but in the wrong voting districts. No information was
tendered in regard to other registrations in these wards or their accuracy.
[69]
What is troubling about this is that there is no explanation of how the incorrect
registrations were made. Assume that the addresses given by these voters were
inadequate, so that it was unclear in which voting district, and hence in which ward,
they should be registered. Why then were they placed in the incorrect wards instead
of the correct ones? Was that purely random? It would be surprising if it were. The
IEC had conducted voter registration drives in the wards where the by-elections took
place.
Many of these registrations must have occurred during those registration
drives. Were voters automatically registered as falling in those wards? If so, the
system adopted lent itself to manipulation because a well-organised political party or
group would be able to present as new voters for registration, people who were not in
fact qualified to be registered in that particular area and thereby strengthen its own
cohort of support in that ward.
[70]
The absence of an explanation lends credence to the detailed complaints by
Mr Kham in regard to the registration process. For example, he complained that
among the REC 1 forms furnished to him in response to his request was a bundle
entitled “Maricana”. Among these were a number – he did not give the figure but said
the bundle was voluminous – with no address other than the word “Maricana”. This is
an informal settlement falling outside ward 13 but all the voters whose forms
contained this address were registered in ward 13. Some of the forms in this bundle
did have addresses, but the addresses given were all in ward 17. However all these
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