Electoral Court order misunderstood order - ANC advocate

2016-05-09 10:23

The Constitutional Court has begun hearing arguments in a case that impact the municipal elections set for just a few months from now.

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Last Updated at 15:02
09 May 15:12
News24 is closing the Live Update.

Follow News24 for a wrap of today's court proceedings from the ConCourt.

09 May 13:47
Mogoeng asking about reasonable steps: do the IEC's measures demonstrate that everybody will vote in the ward they reside?

09 May 13:36
Marcus says they believe the Electoral court misunderstood the original court order handed down in November.

09 May 13:26
Marcus: people voting in an area where they did not live is irregular, but IEC had no evidence of this.

09 May 13:25
Moseneke refers back to law that an address must be there otherwise there must be an explanation. Marcus: IEC provided explanation.

09 May 13:17
Adv Marcus SC: The term "available" means the addresses that the #IEC has on it's system.

09 May 13:13
Now Advocate Gilbert Marcus is submitting oral arguments on behalf of the ANC. He explains a definition of addresses being 'available'.

09 May 12:31
Mogoeng mulling whether they should break for lunch.

09 May 12:27

Moseneke: So we will be running the next two elections on a defective voters' roll?

Whoa! This doesn't sound good for the IEC.


09 May 12:25
Trengove: An estimate from IEC is that it would take them until 2019 to verify addresses of about 12 million voters on the roll.

09 May 12:21
Mogoeng: If StatsSA (and has details on particulars such as addresses) is available and can assist the IEC in months why does it (the IEC) need 4 years to get address details of voters?

09 May 12:18
Trengove says IEC accepts that it must record and keep all addresses registered after December 2003.

09 May 12:16
Mogoeng says the IEC has maintained reasonable credibility over the years, need to prevent it being embarrassed.

09 May 12:14
Mogoeng: If you don't have a number of a street name. Your address is not available to IEC, because you don't have a viable address.

09 May 12:10
Moseneke to Trengove: Your submission is astounding because the definition of a voter applies whether is local or national elections

09 May 12:09
These ConCourt judges are not letting Trengrove go! Just as he says "well, then I have no more submissions" Mogoeng cuts in with "another question". 

09 May 12:06
Mogoeng needs clarity on a few things, he tells IEC advocate Wim Trengrove. Are independent candidates entitled to access the voters' roll?

09 May 11:58
Mogeng says IEC's papers highlight their failure to understand legal obligation on them to source and record addresses since December 2003.

09 May 11:54
Section 16(3) imposes an obligation to seek and obtain addresses. The IEC did not realize this obligation.

09 May 11:48
About 8 million registered voters don't have addresses and another 8 million don't have complete addresses. That's 16 million out of 24 million registered voters.

09 May 11:46
Khampepe: I do not understand how its possible, in over 13 years for the IEC to not make an attempt to confirm addresses.

09 May 11:44

Trengove indicates he has taken up more time than he was allowed, but justices have some more questions.

Justice Khampepe addressing him now. He tries to cut in with a response but she continues over him.


09 May 11:35
Trengove admits rolls have to be accurate to ensure roll is fair.

09 May 11:34
Trengove asked why election process doesn't include checking addresses.

09 May 11:29
Home Affairs Minister Malusi Gigaba just arrived at the ConCourt, reporters there say.

09 May 11:24

The roll may only be used for election purposes so for political parties to use it for electioneering - Trengove

It may be used for other purposes but Parliament made it available for electioneering, says the advocate.


09 May 11:22
Adv Trengove says the roll is available to anyone.

09 May 11:15
Trengrove calls the Electoral Court unfair. It will result in 18 million people being "disenfranchised" because they have no addresses, he says.

09 May 11:13
To say a voter is irregular because of no address is not true, IEC wasn't obliged to go check addresses of 18 million voters- Trengove

09 May 11:07
Trengove argues that the Electoral Court made a mistake - if there is no address it means registration is irregular.

09 May 11:01
Moegeng: As of December 2003, IEC had to reflect the addresses of voters on national voters' roll. If that is not the case, what is to be done?

09 May 11:00
Trengove says the IEC has to keep details - IEC didn't go back to get addresses of 18million who were already on the roll.

09 May 10:58
Mogoeng: I find this case very difficult...

09 May 10:56

Moseneke: if the law set up in 2003 had been followed would there be room for any errors? Trengrove: No

Trengrove: the court set aside the election because of a combination of 3 flaws (re: David Kham matter)


09 May 10:53
Trengove questioned about the details of the Kham judgement - remedies, addresses and what IEC should have done.

09 May 10:49
Chief Justice Mogoeng asks what the IEC requires the court to do regarding the Tlokwe matter.

09 May 10:44
Trengove says a voters roll is a list of names and ID numbers, not addresses - this only changed after 2003.

09 May 10:42

09 May 10:42
Moseneke asking Trengrove what happens to the records of names after registration, 'do they destroy them?' The advocate says the IEC keeps them but over time the details change or voters give possibly inadequate details.

09 May 10:42
Moseneke asking Trengrove what happens to the records of names after registration, 'do they destroy them?' The advocate says the IEC keeps them but over time the details change or voters give possibly inadequate details.

09 May 10:39
Parliament sets a clear duty on the IEC to provide a voters roll to political parties with addresses - Moseneke

09 May 10:36
Judge Dikgang Moseneke now stops Trengove: Is there an implied duty to keep addresses? Why did they not do it since 2003?

09 May 10:32

Trengrove confirms that in 2013 there were proven irregularities in Tlokwe.


09 May 10:27
Adv Trengove says no voter address on the role doesn't imply the registration isn't valid.

09 May 10:26
Advocate Wim Trengove is representing the Independent Electoral Commission and is currently addressing the court. He says the IEC doesn't have a duty to keep addresses.

09 May 10:23

The Constitutional Court on Monday began  hearing arguments on the status of those voters whose addresses were not on the voters’ roll.

Around 12 million registered voters did not have addresses on the voters roll.

The need to have voters’ addresses was an attempt to comply with a Constitutional Court ruling that by-elections held in Tlokwe in 2013 were not free and fair.

The ruling was handed down in November last year. The court ruled that all new voters who registered had to have address details, or sufficient details of where they lived, to place them in a voting district.

In February this year, the Electoral Court again halted the Tlokwe by-elections after six independent candidates complained that more than 4 198 addresses were missing from the new voters' roll.

Subsequently, the Electoral Commission of SA (IEC) postponed several other by-elections around the country.

The IEC then approached the Constitutional Court to seek clarity on the ruling, including the question of whether lack of addresses would invalidate the roll.

Cogta said geo-coding was a second option, although it was a time-consuming exercise.

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