Electoral Commission files notice of motion in Electoral Court to postpone by-election

Electoral Commission approaches Electoral Court and MEC for postponement of by-election in uPhongolo

The Electoral Commission has today filed a notice of motion in the Electoral Court to postpone the by-election in Ward 7 in KZN262 – uPhongolo scheduled for 29 March 2017 by 90 days.

The notice seeks condonation of the court to exceed the legal timeframe of 90 days in which by-elections must be held following a ward vacancy.

At the same time the Electoral Commission has written to the MEC for Cooperative Governance and Traditional Affairs in Kwazulu-Natal to inform the MEC of the notice and to request the proclamation of a new date should the court application be successful.

The decision by the Electoral Commission to approach the court and MEC for a 90 day postponement follows an objection by a political party against the voters’ roll for next week’s by-election.

The African National Congress lodged an objection to the accuracy of the voters’ roll in which it alleged that approximately 380 voters were incorrectly registered in the ward. There are currently 3 983 registered voters in the ward.

While the Electoral Commission has taken all reasonable measures to ensure the validity of the voters’ roll – including fieldwork and direct communication initiatives urging voters to update and correct their addresses ahead of the by-election – these initiatives have had limited success.

Another measure has also been extending the period in the election timetable for by-election during which political parties and contestants have access to the voters’ roll to help check its accuracy.

Having considered the objection, the Electoral Commission took the decision to approach the court and MEC to postpone the by-election to allow further fieldwork and other initiatives to identify and, if necessary, correct the registration of voters in this ward.

The Electoral Commission is continuing to strive to implement the order of the Constitutional Court of 14 June 2016 to ensure the addresses of voters, where available, are captured on the voters’ roll. The difficulties in achieving this, most particularly in rural areas, are highlighted by this case.

These include lack of clear determination of boundaries, communal or generic (tribal authority) addresses, and difficult terrain.

The Electoral Commission will await the decision of the Electoral Court and will issue further advisory communications to political parties and contestants, voters and the media in due course.

For media queries:
Kate Bapela
Cell: 082 600 6386

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