In the alternative, and in the event that the appeal failed, the IEC sought direct access to the Constitutional Court asking that it be absolved from the obligation to provide voters’ addresses. It sought to have the Electoral Court’s decision set aside on the basis that the IEC was not obliged to record voters’ addresses and that the elections must be proceeded with on the voters’ roll as it currently stands without addresses. Aggrieved by the outcome, the IEC approached the Constitutional Court. That Court insisted on the recordal of voters’ addresses, where available, and postponed the by-elections for six weeks. On this ground, they successfully challenged the validity of the voters’ roll and sought the postponement of the impending by-elections in the Electoral Court. When the independent candidates examined the voters’ roll, they discovered that some voters’ addresses were still not recorded. The Tlokwe by-elections were re-scheduled for 24 February 2016. It effectively ordered the IEC to compile a voters’ roll that had available voters’ addresses, for purposes of future elections and by-elections. On 30 November 2015, the Constitutional Court found that electoral irregularities had been committed in Tlokwe and set aside the outcome of the by-elections. Independent candidates that had lost by-elections held in the Tlokwe Local Municipality in 2013 challenged the freeness and fairness of those elections on the basis that voters’ addresses were not recorded and many people were registered in wrong voting districts. If so, from when are they to be recorded? And if they are unable to correct the voters’ roll before the elections are held, should the elections be postponed or proceeded with even if the voters’ roll is defective? Today the Constitutional Court handed down judgment on whether the Electoral Commission (IEC) is required to have a national common voters’ roll that has the addresses of registered voters for the purposes of the August 2016 local government elections.
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