No relief for Geldenhuys

Some confusion over the appropriate forum

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Oudtshoorn. 5 December 2012. 05h50. After the Chief Electoral Officer on Monday advised the Independent candidate for Ward 2, Bitou, Francois Geldenhuys, to aproach the Electoral Court with his complaints of DA campaign misconduct, the Court failed to grant Geldenhuys relief last night.

Mr Justice Khayelihle Mthiyane, Deputy President of the SCA and Head of the Electoral Court Supreme Court of Appeal in Bloemfontein ruled that alleged breaches of the Code of Conduct are justiciable in the ordinary courts. Therefore Geldenhuys may approach the High Court for an interdict or whatever relief he considers appropriate.

Mthiyane said: “The powers and functions of the Electoral Court are set out in s20 of the Electoral Commissions Act 51 of 1996, from which it is clear that it has appellate powers over decisions taken by the Electoral Commission.

“As it appears that no decision has been taken by the Electoral Commission – which is a conditions precedent for its exerciser of jurisdiction – the court cannot come to the assistance of Mr Geldenhuys.

“He has to approach the right forum.”

Now far be it from lil’ ol’ me to differ with judges and commissioners, but how does this work, purleaze:

The Chief Electoral Officer of the IEC says to go to the Electoral Court; the Electoral Court says to go to the IEC!

Ye gods and faeries, we are living in a Monty Python sketch!

With a 70-year-old Zulu herd boy from KZN running the show it would appear as if the banana republic has indeed arrived.

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3 thoughts on “No relief for Geldenhuys

  1. OMG, The DA are dubble alles with their stepped elec tariff.. we should have voted for that today rather..

  2. Die onafhanklike kandidaat gaan slegs die klein groepie besigheidsmense se belange bevorder en NIE die bree gemeeskap se belange nie. So ek stem DA, die party vir AL DIE MENSE. Julle klomp suurgatte moet wakker skrik!!!!!

  3. Some confusion indeed:

    Municipal Electoral Act
    Jurisdiction and powers of Electoral Court
    Section 78. ( 1 ) The Electoral Court has jurisdiction in respect of all electoral disputes and
    complaints about infringements of the Code, subject to section 20(4) of the Electoml
    Commission Act.

    Electoral Commission Act
    Section 20
    (4) The Electoral Court shall-
    (a) make rules in terms of which electoral disputes and complaints about
    infringements of the Electoral Code of Conduct as defined in section I
    of the Electoral Act, 1993 (Act No. 202 of 1993), and appeals against
    decisions thereon may be brought before courts of law; and
    (b) determine which courts of law shall have jurisdiction to hear
    particular disputes and complaints about infringements, and appeals
    against decisions arising from such hearings.

    http://www.info.gov.za/view/DownloadFileAction?id=70448

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