After all the objects of the commission are "to strengthen constitutional democracy
and promote democratic electoral processes (section 4 of the Electoral Comission Act 51
of 1996) and it has the duty to ensure that any election is free and fair [section 5(l)(b)],
In terms of the Local Government: Municipal Electoral Act 27 of 2000 the Act is
administered by the commission and the commission must administer this Act in a manner
conducive to free and fair elections [section 4(1) and (2)].
It is manifest that the IEC should have considered this objection on its merits.
In the premises the following order is made;
1. The application for review
dismissed.
2.
The appeal against the dismissal by the electoral commission of the complainant
lodged by the Inkatha Freedom Party against the election result in ward 12
Mandeni is allowed.
3.
The electoral commission is directed to consider and decide, in terms of
section 65 of the Municipal Electoral Act 27 of 2000, on the merits of the