Call to probe Tlokwe illegal voting

"We believe an independent forensic investigation should be done... we submit that this court is enjoined with the necessary jurisdiction to issue the order," Jaco Roux, for the applicants, told the court.

 

Independent candidates are disputing the Independent Electoral Commission's (IEC) findings that only 1040 people illegally voted in the 2013 Tlokwe by-elections. They argue the number was much higher.

 

Roux argued that the IEC's probe into the matter was "fatally flawed".

 

"The investigation, we say, is fatally flawed. The applicants say 'how can we trust the IEC?'"

 

Roux argued that the 1040 illegal voters constituted 27 percent of the voters in the Tlokwe municipal by-elections.

 

"If there's a 27 percent shown mistake then that is gross irregularity because it cannot be called miniscule or non-material."

 

He said because the IEC had been shown to be incapable of a proper investigation, a third party should investigate the by-elections and report back to the court.

 

Judge President Jerry Shongwe and Judge Lotter Wepener were not convinced, saying they did not think it was within the court's power to conduct an investigation into the voting irregularities.

 

"This court has no inherent powers as you are saying we should exercise," Wepener said.

 

They suggested Roux put the matter to the IEC as a proposal on how voter registration should be conducted in future.

 

Roux also asked that the 2013 by-elections be set aside if it was found that the voter's roll was defective.

 

(File photo: Gallo Images)