Business Day Good.jpg Constitutional Court clears the way for August 3 elections Franny Rabkin, Business Day, Johannesburg, 14 June 2016 The Electoral Commission of SA (IEC) on Tuesday lost its case at the Constitutional Court over its duty to record voters' addresses, but the country's highest court suspended its order, clearing the way for the August 3 local government elections to go ahead. Handing down the judgment, Chief Justice Mogoeng Mogoeng said this was an "exceptional case", warranting an extraordinary remedy in order to avoid a constitutional crisis. The IEC was given until June 2018 to get its house in order. Justice Mogoeng said the IEC's obligation in section 16(3) of the Electoral Act to provide copies of the voters' roll to political parties, "which includes the addresses of voters, where such addresses are available" did not mean those addresses that it had chosen to record or happened to have available. It meant addresses that were "objectively available" or "reasonably ascertainable". This duty had been in place since December 2003 when the Electoral Act was amended, he said. "The Electoral Commission must by 30 June 2018 have obtained and recorded on the national common voters' roll all addresses that were reasonably available as at 17 December 2003," the court ordered. However, the municipality of Tlokwe - whose disputed by-election gave rise to the case - was made an exception from the suspended order. This means that the Tlokwe voters' roll must include all reasonably ascertainable addresses of voters who registered after December 2003. From: <http://www.bdlive.co.za/national/2016/06/14/constitutional-court-clears-the -way-for-august-3-elections> http://www.bdlive.co.za/national/2016/06/14/constitutional-court-clears-the- way-for-august-3-elections -- -- You are subscribed. This footer can help you. Please POST your comments to [email protected] or reply to this message. You can visit the group WEB SITE at http://groups.google.com/group/yclsa-eom-forum for different delivery options, pages, files and membership. To UNSUBSCRIBE, please email [email protected] . You don't have to put anything in the "Subject:" field. You don't have to put anything in the message part. All you have to do is to send an e-mail to this address (repeat): [email protected] . --- You received this message because you are subscribed to the Google Groups "YCLSA Discussion Forum" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send an email to [email protected]. Visit this group at https://groups.google.com/group/yclsa-eom-forum. To view this discussion on the web, visit https://groups.google.com/d/msgid/yclsa-eom-forum/000c01d1c62d%245b498d70%2411dca850%24%40com. For more options, visit https://groups.google.com/d/optout.
