The Pretoria High Court on Monday gave the go-ahead for the election to take place in Khutsong.
A full bench of the court turned down an application by a group calling itself the Merafong community, under which Khutsong falls, to have the election postponed pending an application to contest the constitutionality of the municipality’s incorporation into North West from Gauteng.
Transvaal Judge President Bernard Ngoepe said full reasons for the ruling will be given at a later stage.
However, he pointed out that the community had not approached the Independent Electoral Commission (IEC) to ask for the election to be postponed.
He said it is up to the IEC to determine, even on polling day itself, whether conditions are conducive for a free and fair election.
”There are really no indications that the security forces would not be able to handle the situation,” Ngoepe said.
Advocate McCaps Motimele, SC, for the applicants, said they are disappointed but that it is again up to the IEC to determine if the election can go ahead.
Advocate Pansy Tlakula, chief electoral officer, who attended the whole day’s proceedings, said the IEC is relieved by the decision.
”Elections in Khutsong would go ahead. We would, as is allowed in the electoral law, make a decision on the day to continue or not. But for now we would continue,” she said.
‘Frivolous’
Earlier, the court heard that violence would be rewarded if the elections in Khutsong were postponed. Advocate Ishmael Semenya, SC, for Minister of Provincial and Local Government Sydney Mufamadi, said Parliament used its powers as set out in the Constitution to redemarcate boundaries so that Merafong ceased to be part of Gauteng and became part of North West.
”Can a court reward people who riot against this? … We cannot allow councillors’ houses to be burned and people to be threatened. This is not the South Africa we want to live in,” he said.
Advocate Vincent Maleka, SC, for the IEC, said the court case was ”frivolous” because the commission could even on election day recommend that it be postponed.
Motimele argued that residents would not be able to vote because of the volatile situation in the township.
Asked whether the community itself was not responsible for the situation, Motimele told the court: ”Those who approached the court were not responsible for the violence. Those before the court chose the legal route. They are not those ruffians in the street who must be dealt with by the full force of the law.”
Dozens of Khutsong residents wearing T-shirts with the slogan ”Khutsong 100% Gauteng” also attended the court case.
Mbeki welcomes decision
President Thabo Mbeki welcomed the decision of the Pretoria High Court.
”I think it’s a very important decision,” he said.
The president said 1994 saw many people being killed by those who were opposed to the elections.
He added that the situation in Merafong is not nearly as bad as then, yet the courts at the time ordered that elections go ahead.
For this reason, he believes it is important that the Merafong elections not be disrupted.
”It sends a message that beating up people, burning houses and committing acts of violence will not be allowed to disrupt elections.”
Mbeki added that the outcome shows that no one will be rewarded for violence.
”I hope the people of Merafong will understand this and will vote on Wednesday.”
He said the decision also empowers police to act against anyone who seeks to disrupt the elections.– Sapa