The Constitutional Court has ruled that the Independent Electoral Commission (IEC) acted outside the law when it failed to obtain addresses for voters registered on the national voters roll.
The court suspended its order of constitutional invalidity for 18 months for Parliament to look into the IEC’s obligations and also for the IEC to work to remedy the problems on the voters roll.
The suspension will also ensure that the upcoming municipal elections proceed even though the voters roll has been found to be defective.
Chief Justice Mogoeng Mogoeng handed down judgment in an urgent application brought forth by the Independent Electoral Commission (IEC).
“To avoid a constitutional crisis which would have far reaching implications for our democracy…It is about the upper guardian of our constitution responding to its core mandate by preserving the integrity of our constitutional democracy and that explains the unique and extraordinary we have crafted of suspending the duty that flows from a constitutionally valid statutory provision,” Mogoeng said.
The IEC brought the case after the Electoral Court set aside the voters’ roll for by-elections in the Tlokwe Municipality in the North West.
The IEC had been unable to verify the addresses for some 4 000 voters.
Click on the video below to watch Chief Justice Mogoeng Mogoeng hand down the judgment:
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