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For the Applicants: J Roux, M Riley and CL Markram instructed by the Moolman & Pienaar Inc. For the First Respondent: MTK Moerane SC and L Gcabashe instructed by Gildenhuys Malatji Inc.

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Kham v. Electoral Commission

Judgment

Question Presented: Should elections be annulled when the IEC did not provide timely access to voter rolls to the petitioners before elections?

Summary: The claimants were unsuccessful candidates in several wards in Tlokwe Municipality claiming the IEC delayed in conveying segments of the national voter roll to the claimants in advance of the elections which prevented them from canvassing. The IEC conducted an investigation, which the claimants claimed had evidence of irregularities and the by-elections were not free and fair and asked for annulment. The Constitutional Court held that the IEC breached its statutory obligations by not providing the voter roll containing addresses of voters. The Court ordered new elections to be held and ordered the IEC to obtain accurate voter addresses for residence registration in voting districts.

Conclusion: The Court set aside the municipal elections and ordered new by-elections to be held. The Court also ordered the IEC to follow electoral law and ensure accurate voter residence registration and allow candidates access to voter rolls in their ward.

Legal Issue(s)

Disputing Results
Electoral Integrity
Voter Registration

Applicable Law(s): Municipal Electoral Act- Section 65 Electoral Act 73 of 1998- Section 16(3)

Region: Africa

Country: South Africa

Language of Decision

English

Court: Supreme Court

Election Type: Municipal

Date of decision: Nov 1, 2015

Geolocation

Latitude: -33.87375177

Longitude: 18.6816943

: Geolocation

Primary Documents

South Africa cct 64-15 kham and others v electoral commission and another.pdf
English
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Election Judgments - IFES

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Kham v. Electoral Commission

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