PDF In the Constitutional Court of South Africa

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IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA

CCT: 245/21

In the intervention application of:

DEMOCRATIC ALLIANCE Applicant for Intervention

In the matter between:

ELECTORAL COMMISSION OF SOUTH AFRICA Applicant and

MINISTER OF COOPERATIVE GOVERNANCE

AND TRADITIONAL AFFAIRS First Respondent

TEN OTHERS Second to Eleventh Respondents

DEMOCRATIC ALLIANCE’S APPLICATION TO INTERVENE

KINDLY TAKE NOTICE THAT the Applicant for Intervention (the DA) hereby applies to this Court for an order in the following terms:

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Intervention

1. It is directed that this matter be dealt with as an urgent application and that the DA’s non-compliance with the ordinary rules forservice and time-periods is condoned.

2. The DA is granted leave to intervene in the proceedings as an intervening party.

3. Any party opposing the DA’s application is directed to pay the costs of the application, including the costs of two counsel.

4. The DA will comply with the timelines for the filing of written submissions by respondents as set out in the directions issued by this Court on 6 August 2021.

Substantive Relief

5. The DA is granted direct access to this Court.

6. It is declared that the Electoral Commission’s (the Commission) failure to hold a voter registration weekend for the October 2021 election is unconstitutional and invalid.

7. The Commission is directed to hold a voter registration weekend on either 27 to 29 August 2021, or 3 to 5 September 2021; and

8. Notwithstanding section 6(1A) of the Local Government: Municipal Electoral Act 27 of 2000, the names of people registered on the voter registration weekend contemplated in paragraph 6 may to be added to the voters’ roll for the 27 October 2021 local government election.

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9. In the alternative to prayers 3 to 5 above:

9.1. It is declared that the First Respondent’s (the Minister) proclamation of the election date in terms of s 24(2) of the Local Government: Municipal Structures Act 117 of 1998 (the Structures Act) on 3 August 2021 is unconstitutional and invalid;

9.2. The Commission is directed to hold a voter registration weekend on either 27 to 29 August 2021, or 3 to 5 September 2021;

9.3. The Minister is directed, on the day after the voter registration weekend is held in terms of prayer 9.2, in terms of s 24(2) of the Structures Act, to proclaim the date of the election as 27 October 2021; and

9.4. It is declared that, notwithstanding the declaration in prayer 9.1 that the Minister’s proclamation is invalid, the election timetable published by the Commission on 4 August 2021 will be the timetable governing the 27 October 2021 election, subject to any future amendments by the Commission.

10. The Commission’s application is dismissed.

11. The Commission and the Minister are directed to pay the DA’s costs, including the costs of two counsel.

TAKE FURTHER NOTICE that the affidavit of WERNER HORN will be used in support of this application.

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TAKE NOTICE FURTHER that if you intend to oppose this application you are required, by 13 August 2021, to lodge with the Registrar and to serve on the applicant’s attorneys an affidavit setting out the grounds on which you oppose the application.

TAKE FURTHER NOTICE that the DA has appointed the address of their attorneys below as the address at which they will accept service of all process in these proceedings. The DA accepts electronic service at the following addresses:

[email protected] and [email protected]

SIGNED AND DATED AT CAPE TOWN ON THIS 11^TH DAY OF AUGUST 2021.