THE Constitutional Court has declared that the 2013 by-elections in Tlokwe Municipality, North West were not free and fair.
In a decision supported by all the court’s judges and written by acting justice Malcolm Wallis, it was ruled that fresh by-elections should be held within 90 days.
The dispute arose when eight unsuccessful independent candidates complained about a delay in receiving sections of the national voters’ roll used for the elections held between September and December 2013.
They also complained the roll didn’t include the addresses of any voters, making it impossible for them to canvass.
At the time they approached the Electoral Court for an order postponing the December by-elections but failed.
The court found some voters were registered in
incorrect wards while others were in the correct wards but the wrong voting districts.
The court found the Independent Electoral Commission (IEC) did not follow its obligations under section 16(3) of the Electoral Act by not providing segments of the voters’ roll with addresses.
Wallis said: “It follows that these elections were not free and fair.”
The IEC welcomed the court’s judgment and said it was ready to hold fresh elections in Tlokwe.
Commission vice-chairman Terry Tselane said they were committed to implementing the orders of the Constitutional Court without delay.
He said they had already started dealing with issues relating to electoral fraud and the capturing of voters’ addresses.
Cope said the objectivity of the IEC was seriously in question.
“For the IEC to have broken the public’s trust as it did is truly unforgivable,” said the party.
The EFF said it was concerned that the IEC worked with the ANC to rig elections. The party claimed that known senior leaders of the ANC had bused in voters from other wards and provinces.
