The Umbrella for Democratic Change (UDC) will no longer observe and monitor the voter’s registration period, the Court of Appeal (CoA) has ordered.
The apex court ruled this morning in favour of the Independent Electoral Commission (IEC), meaning the UDC agents popularly known as Madibela Tlhopho will not be granted access to names and national identity card numbers of individuals registering to vote and record the serial numbers of the registration booklets for each and every registration day at the opening and closing thereof.
This follows a High Court order that ruled in favour of the UDC, where the IEC was interdicted and restrained from preventing the UDC from observing and monitoring the national elections registration process. The UDC had approached the court to seek permission to closely monitor and observe the voter registration exercise ahead of the 2024 General Election.
At the heart of UDC’s case is that they believe that transparency and fairness were of utmost importance and the presence of their representatives would help ensure a free and fair electoral process. The IEC, however, has been adamant that as the electoral body they have been following due process and that by allowing Madibela Tlhopho to monitor elections and ‘do as they please’ it would compromise the electoral processes.
“The UDC believes that this process is conducted in an unfair manner in that it is done outside the eyes of key stakeholders rendering it subject to manipulation of data to the benefit of the ruling party to the prejudice of the UDC,” UDC court papers read in part.
“The UDC has further shown that the IEC has infringed or failed to comply with any of the provisions of the Electoral Act," said CoA President Justice Tebogo Tau when delivering her judgment.
“I do not see any justifiable right being expressly or impliedly conferred on the UDC to observe and monitor the registration of voters nor could it be read into the Electoral Act that such right exist. The Electoral Act makes detailed provisions for public access to voters’ rolls after registration and objections thereto. No similar access is given to the voter registration process. The sections could not be of any assistance to the UDC," she added.
In the end, the judges ruled in favour of the IEC in the appeal. On the sidelines of court, Leader of Opposition Dithapelo Keorapetse expressed his party’s disappointment in the judgment but said they expected it.
"We do not agree with this decision because it is a setback for democracy. It is sad to see that the full panel of the CoA thinks that transparency is wrong," Keorapetse emphasised.
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