IFP Regains Nongoma Ward As Court Rules in its Favour

30 April 2014.


The IFP is delighted with a ruling of the Electoral Court today which handed a Nongoma ward back to the IFP following a flawed by-election held at Ward 11 in Nongoma on the 23rd of October 2013.


The IEC considered the objection lodged on behalf of  the Inkatha Freedom Party in respect of the results of the by-election and upheld the Party's complaint. An investigation into the factual basis of the objection revealed that:

  • The twenty (20) unstamped ballots, had they been counted, would have changed the results of the by-election.

  • The names of the twenty (20) voters who cast special votes in the voting district 43500585 were not crossed off the segment of the voters' roll for  the voting district used for the by-election in question.

  • The number of voters whose names were crossed off the segment of the voters'

    roll for voting district 43500585 used for the by-election in question as having cast their votes at the Nzobo Primary School voting station did not reconcile with the number of marked ballots in the Commission's possession emanating from that voting station.

In light of the above, the IEC decided to uphold the objection. The IEC was of the opinion that the abovementioned  irregularities may justify the setting aside of the by-election and consequently decided to refer the objection to the Electoral Court for its decision.


In the result the following order is made:

  1. The appeal is upheld.

  2. The presiding officer and/or the counting officer is directed to stamp and mark the ballot papers in respect of the special votes in accordance with the prescribed procedure.

  3. The Electoral Commission (the first respondent) is ordered to amend the result of the by-election in Ward 11, Nongoma, held on 22 October 2013 and 23 October 2013, as contemplated by s 65(11)(ii) of the Local Government:Municipal Electoral Act 27 of 2000, as follows:
    1. Nkosinathi Mzukhona Nzimande (IFP) - 895 votes
    2. Nombuyana Samuel Ncube (NFP) 893 votes
    3. Nhlanhla Michael Mthembu (ANC) - 711 votes

The Electoral Commission (the first respondent) is ordered to declare that Mr Nkosinathi Mzukhona Nzimande (the second applicant) is the winner of the by-election.


"The IFP feels vindicated by this ruling. We knew all along that we had won that ward but that it was taken from us irregularly. We congratulate Mr Nzimande and wish him well as his continues to serve his community.


Furthermore, this victory belies the statements made by the many doomsayers who had written the IFP off following the by-elections in Nongoma. This by-election victory is again proof that the IFP will emerge stronger than before on May 7," said the IFP's Mr Lourens de Klerk MPL.




Contact: Mr Lourens de Klerk MPL, IFP Legal Advisor, on 082 557 1579 or 078 302 3839.