The Electoral Commission welcomes today’s Electoral Court judgment dismissing the application brought against it in respect of the 2013 Tlokwe by-elections.
The decision upheld a number of fundamental principles underpinning free and fair elections including materiality, due process and timeliness.
It also supported the long-held position of the IEC that the electoral system is one of inclusivity rather than exclusivity and that the current legislation provides for the Electoral Commission to accept on face-value information provided by voters – including their addresses.
The ruling brings to an end this long-standing dispute and vindicates the Electoral Commission’s actions and declaration of the results of the by-elections as free and fair.
Vice-chairperson of the Electoral Commission, Mr Terry Tselane said: “This is an important ruling for us and for electoral democracy in our country. There are those who have tried to use this isolated case to call into question the integrity of our organisation and we are pleased that the court found that the IEC had acted objectively, impartially and in accordance with the law.
“This is an important vindication of our fundamental principles and of the integrity of our people, processes and systems.
The ruling clears the way for the Electoral Commission and all stakeholders to focus on working together to ensure the success of the upcoming municipal elections scheduled for 2016 sure in the knowledge that the existing legal framework and processes are in place to provide the basis for free and fair elections.
While welcoming the outcome, the Electoral Commission acknowledges that the matter identified a number of challenges which it has already been working with stakeholders to find solutions to.
Among the challenges identified during the Tlokwe matter were the difficulties in demarcating wards and verifying the address of voters especially within fast-growing informal settlements.
This aspect is one of the matters receiving attention in the current ward boundary process being undertaken by the Municipal Demarcation Board.
The Electoral Commission acknowledges that the responsibility for creating the conditions for free and fair elections is shared by all key stakeholders including the IEC, political parties, independent candidates, civil society, observers and ultimately voters.
In this regard, the IEC will continue to strive to improve and enhance these conditions and its performance to ensure the outcomes of all elections reflect the will of the people.
This includes continuously evaluating the current conditions and working with all stakeholders to find solutions to challenges.
Just recently, the Electoral Commission hosted a seminar with political parties on this topic in which parties were invited to submit proposals on how best to ensure conditions conducive to free and fair elections.
These proposals are being assessed and will be discussed further within the party liaison committee structures.
“We remain committed to a consultative approach as part of our value system; this does not only apply to political parties but to all our stakeholders who are vanguards of our electoral democracy,” said Mr Tselane.
ISSUED BY THE ELECTORAL COMMISSION
Centurion
19 March 2015
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