dignity and nothing else. Therefore, assistance provided to the First
Respondent in terms of this provision may only be for that purpose
and not for any other purpose. The delegation of logistical or other
functions that are directly related to the discharge of the First
Respondent’s mandate to administer the elections cannot be said
to be directed at protecting the First Respondent’s independence,
integrity or dignity. If anything, the involvement of other organs of
State in administering of the elections, outside of the provisions that
specifically provide for how that may be done, would have the
opposite
effect
of
undermining
the
First
Respondent’s
independence, integrity and dignity. Therefore, I aver that section
10A(3) cannot be used as a legal mechanism by which the First
Respondent can delegate its logistical responsibilities or any of its
functions of administering the election to other organs of State. Any
such delegation of the First Respondent’s mandate to administer the
election or secondment of employees of the State to assist the First
Respondent with the discharge of its mandate must be done in
terms of the provisions of the Electoral Act that explicitly provide for
that.
55.
Therefore, the Applicants will move for a declaratory order that
the First Respondent may not delegate any of its functions regarding
25
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