40.
Whilst the Electoral Act only provides that the First
Respondent must give any person notice, and publish such notice,
relating to persons which it intends to remove from the roll, it does
not provide for publication of a complete list of persons who would
have been removed from the voters roll. In this regard, there is
obviously a need for the public to be made aware of such removal,
in the interest of transparency in the voters roll.
41.
For this reason, the Applicants will move for a declaratory
order that in terms of sections 156 (a) and 239 (a) of the
Constitution, the First Respondent has the legal duty to publish the
names of persons removed from the voters roll and the reasons for
such removal.
42.
There have been instances in the past where persons have
turned up on polling day, only to find that their names do not appear
on the voters roll. In this regard, it is important in the interest of
transparency that the First Respondent publishes lists of persons
whose names have been removed from the voters roll as soon as
they have been removed.
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