The Constitutional Court delivered a groundbreaking ruling on Tuesday and ordered that the municipal elections will go ahead, without the complete voters roll, except for Tlokwe. In the case of Potchefstroom, the IEC cannot be allowed to use the flawed voters’ roll for the coming elections.
By 30 June 2018, the Electoral Commission is ordered to have obtained and recorded on the national common voters’ roll all addresses that were reasonably available as at 17 December 2003.
In a statement from the DA, Mike Moriarty, the DA’s principal representative at the IEC, says the DA welcomes the Constitutional Court’s judgment on the voters’ roll.
He says it brings certainty and confidence towards the local government elections that are now confirmed to be taking place on August 3rd, 2016.
Moriarty says the DA is pleased that the Constitutional Court found that the IEC had failed to uphold section 16 of the Electoral Act and, in so doing, had erred in its fundamental mandate to safeguard the freeness and fairness of our elections.
He added that the judgment also validates the arguments the DA put forward in its criticism of the IEC and the DA’s insistence that an election cannot be free and fair unless the voters’ roll can be trusted.
“It cannot be trusted unless it contains particulars sufficient to confirm that each voter is entitled to vote in his or her particular district.
“We accept the practicalities. We accept that such an exercise to fully “address” the roll is unlikely to be possible before 30 June 2018 and certainly not before an election that is vital and crucial. But we do, however, welcome the fact that the deadline is well ahead of the long timeframe set down by the IEC.
“We also welcome the stipulation that any by-election that takes place can only be done on the basis of a fully addressed roll.
“It is equally critical that the IEC moves from being a passive observer of elections to becoming a robust Chapter Nine institution that can guarantee free and fair elections and, in doing so, must be beyond reproach if we are to maintain the legitimacy of our elections. It was, therefore, crucial that we obtain legal clarity from the highest court in the land.
“It is deeply unfortunate that we find ourselves in this situation that can only be laid at the feet of the ANC that has persistently exploited loopholes in the electoral system to win votes Z which requires special attention of its own. We will, therefore, consider asking the IEC to deal specifically with instances of fraudulent electoral conduct.
“The DA will ensure that these elections are held on the basis where voters can freely express their choice. South African voters need to know that the DA has the capacity to safeguard the integrity of this election and we have the will to direct the IEC to act responsibly, impartially and effectively.
“But, most of all, this is a victory for the voters.
The judgment gives the voters the power to bring change: change that stops corruption, creates jobs and delivers better services for all,” he commented.