Law:

Section:

(a) Election--- ----"Free and fair elections"---Elements that were of fundamental importance to the conduct of "free and fair elections"---Question as to whether any election could be characterised as "free and fair" must always be assessed in context--- Ultimately it involved a value ---Certain elements could be distilled as being of fundamental importance to the conduct of free and fair elections; first, every person who was entitled to vote should, if possible, be registered to do so; second, no one who was not entitled to vote should be permitted to do so; third, insofar as elections had a territorial component, as was the case with municipal elections where candidates were in the first instance elected to represent particular wards, the registration of voters must be undertaken in such a way as to ensure that only voters in that particular area (ward) were registered and permitted to vote; and, fourth, the Constitution should protect not only the act of voting and the outcome of elections, but also the right to participate in elections as a candidate and to seek public office. Bjornlund Beyond Free and Fair (Woodrow Wilson Centre Press. Washington DC 2004) at 94-128 ref. (b) Jurisdiction--- ----Special Court created under a statute, jurisdiction of---Scope---Purpose of creating a special court/single forum for resolving disputes of a particular type was not to be stultified by a resort to undue literalism and too careful a parsing of statutory language. Chirwa v. Transnet Ltd. [2007] ZACC 23; 2008 (4) SA 367 (CC); 2008 (3) BCLR 251 (CC) at paras 47-54 and 101-113 and Gcaba v. Minister of Safety and Security [2009] ZACC 26; 2010 (1) SA 238 (CC); 2010 (1) BCLR 35 (CC) (Gcaba) at para 57 ref. (c) Election--- ----Voter rolls, objection against---Procedure---Procedure adopted for lodging objections to voter's rolls should not only favour large and well-resourced parties, who had the resources to monitor voter rolls throughout the year, but also independent candidates and smaller political parties seeking to make a political breakthrough---Procedure which restricted ability of independent candidates and smaller political parties to object to voters' list would…