06 Dec 2023

The Court of Appeal has granted the Independent Electoral Commission (IEC) permission to expedite the appeal on Justice Gaolapelwe Ketlogetswe's order to permit the Umbrella for Democratic Change (UDC) agents to monitor the  voter registration process.

The matter is in relation to Justice Ketlogetswe’s order in favour of the UDC  to have its agents present during the voter registration process and their entitlement to record the names and identity numbers of persons seeking to be registered as voters as well as permission to record the serial numbers  of registration  booklets at the beginning and end  of the registration day.

The IEC filed for an appeal expedition challenging the granting of the order on a number of grounds, including that Justice Ketlogetswe erred in granting the relief that was final in effect and incorrectly applying the test for interim interdictory relief.

 The IEC argued that the orders had significant constitutional implications  in that the UDC brought its application on the basis that Section 65 of the  Constitution clothed it with the right to observe and monitor the elections  from the registration stage to the end of the process,  hence the need to  appeal Justice  Ketlogetswe’s order.

The UDC on the other hand contended that the orders were interlocutory in nature and therefore not appealable. The attorneys argued that the IEC should have sought leave to appeal from the High Court and that the appeal expedition application was not orderly brought before the Court of Appeal.

Passing judgement, Judge President Tebogo Tau said the order granted by Justice Ketlogetswe was confusing in that it was termed interim in nature since it stood pending the determination of the rights of the UDC to observe and monitor the registration  process only  while on the contrary certain sections  of the order permitted the UDC agents to also record the  names and the  voters national  card numbers.

Justice President Tau said permitting agents to record voters names and their national  identity card  numbers would appear intrusive, and that it would be  in the interest of justice to have the orders considered on appeal.

 She said the circumstances of matter were not only exceptional, but also of  public interest and that it dictated the court to exercise its discretion to grant  stay of execution pending appeal.

 She said the matter was of national importance and that it warranted to be heard on an expedited basis on December 11, 2023. ends