WALLIS AJ from an order setting aside the outcome of these by-elections. The terms of the directions were as follows: “1. The first respondent is directed to furnish the following information on affidavit on or before Wednesday, 18 November 2015: (a) Should any declaration in regard to the outcome of the elections and steps to be taken by the Electoral Commission in conducting elections operate retrospectively or prospectively? (b) Will it be practicable to hold fresh by-elections by 28 February 2016? 2. (c) If not, why will it be impracticable? (d) If not practicable, how much additional time is required? The second respondent is directed to furnish the following information on affidavit on or before Wednesday, 18 November 2015; (a) Would an order setting aside the impugned by-elections with prospective effect disable the Municipality from performing its functions and, if so, in what respects and why? 3. The applicants are directed to furnish their representations, if any, on 1 and 2 above on affidavit on or before Friday, 20 November 2015.” [114] The IEC responded to the first question by saying that any declaration in regard to the conduct of by-elections generally should operate prospectively. So did the applicants. I agree. It would not be appropriate for us to make an order that had within it the seed of possible legal challenges to the operations of the Tlokwe Local Municipality during the past two years or the seed of challenges to the outcome of other by-elections. [115] The IEC’s response to the question whether it would be practicable to hold by-elections by 28 February 2016, which was slightly more than 90 days after the date the directions were issued, was more elliptical. The chief electoral officer said that it would be “possible but not realistic, workable or viable”. He explained that municipal elections for all municipal councils will, in terms of the Structures Act, have to be held between 18 May and 16 August 2016. But then he submitted that a municipal manager could not call a by-election on or after 16 November 2015, because that 58

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