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'
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
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:
The appeal is upheld.
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
- 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
Nkosinathi Mzukhona Nzimande (IFP) - 895
Nombuyana Samuel Ncube (NFP) 893 votes
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
"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.