WALLIS AJ 5. The order of the Electoral Court delivered on 19 March 2015 is set aside and replaced by the following order: (a) It is declared that the by-elections conducted in the Tlokwe Local Municipality on 12 September 2013 in ward 18 and on 10 December 2013 in wards 1, 4, 11, 12, 13 and 20, were not free and fair. (b) The outcome of those by-elections is set aside and fresh byelections are to be held in terms of section 25 of the Local Government: Municipal Structures Act 117 of 1998. (c) It is declared that when registering a voter to vote in a particular voting district after the date of this order the Electoral Commission is obliged to obtain sufficient particularity of the voter’s address to enable it to ensure that the voter is at the time of registration ordinarily resident in that voting district. (d) It is declared that in all future municipal elections or by-elections the Electoral Commission is obliged in terms of section 16(3) of the Electoral Act 73 of 1998 to provide all candidates in municipal elections, on the date on which they are certified, with a copy of the segment of the national voters’ roll to be used in that ward in that election including the addresses of all voters, where these addresses are available. (e) The Electoral Commission is directed to pay the applicants’ costs, save for any additional costs occasioned by the joinder of the eighth applicant. 6. The orders in 5(c) and (d) are prospective in their operation from the date of this order and do not affect the validity of any election or by-election held prior to the date of this order. 64

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