WALLIS AJ
[104] If the outcome of these by-elections is set aside, that will have certain
consequences beyond merely the need to hold fresh by-elections. Councillors who
have been holding office for between 22 months and two years will be removed, with
the loss of salary and other benefits to which the holding of that office entitles them.
The evidence does not go so far as to suggest that any of them or the party they
represent were responsible for the electoral irregularities. But none of them, although
afforded the opportunity to do so by the Electoral Court, entered the lists to point out
why, if there were deficiencies in the electoral process, these should not be remedied
by setting aside the elections and holding by-elections. Nor did the IEC suggest that
there were any insuperable logistical difficulties facing it in convening further
by-elections. I do not think that these issues are relevant to the decision we must
make.
[105] A possible relevant factor is that a national municipal election must take place
at some time between next May and next August. Allowing for the elapse of time
between the argument and the finalisation of this judgment, as well as the logistical
requirements for holding by-elections, it seems unlikely that fresh by-elections could
be arranged and held more than a few months prior to the national municipal
elections. The voters in these wards will then have the opportunity to choose fresh
councillors and the applicants will have a renewed opportunity to advance their claims
to election to public office. Elections are not inexpensive and impose costs upon
public funds as well as upon the participants. Is it desirable that these costs be
imposed upon all concerned when the voters will in any event go to the polls a matter
of a few months later?
[106] It is notorious that voter turnout in by-elections is usually low and voters who
know that they will in any event be called on to vote again relatively soon, will be
results of an election. I simply say that a by-election is second best and cannot serve to lessen
the significance of setting aside an election or the caution that must be exercised before doing
so.”
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