Constitution for myself, for the trustees of the Second Applicant and
to all its beneficiaries, which rights are worthy of recognition and
protection. I would therefore contend that the present application
also meets the second requirement for the granting of a declaratur.
20.
Having generally established that the Applicants have a direct
and substantial interest and that the Applicants’ interest is based on
a constitutionally protected right, I will proceed to address the
substantive aspects of the present application in detail below.
PROVISION OF STANDARD OPERATING PROCEDURES,
PROCESSES, POLICIES, INTERNAL MANUALS, AND OTHER
INFORMATION WHICH RELATES TO THE CONDUCT OF
ELECTIONS
21.
I contend that the Constitution provides that an election must
be free, fair and transparent. This is captured in section 156 (a) and
section 239 (a) of the Constitution which provides that an election
must be free, fair and transparent. This position is also reiterated in
the Electoral Act, which stipulates transparency as a key principle
for free and fair elections. Additionally, section 3 (2) (g) of the
Constitution states that transparency is a founding principle of good
governance which binds the State and all institutions of government
including the Fisrt Respondent. Section 233 (d) of the Constitution
10