In the matters that implicates the Independent Electoral Commission (IEC), Noah Salakae and Kgodietsile Kgodietsile among others, the IEC has filed a notice of objection against the Petitioners. The named petitioners had requested to inspect the election material that was used in the just ended General Elections where the BDP emerged victorious clinching 38 parliamentary seats.
The Petitioners had moved a notice of inspection and a schedule of documents to be inspected on the basis of section 79 of the Electoral Act. The said section reads: The Registar of the High Court shall retain for 6 months all such documents relating to an election forwarded to him in accordance with this section and then, unless otherwise ordered by the court, or unless he is aware that legal proceedings are pending in respect of such election, shall cause them destroyed.
According to the objection papers, the petitioner failed to demonstrate good or sufficient cause to inspect the documents. The Umbrella For Democratic Change (UDC) petitioners had wanted to inspect the rejected ballots, spoilt ballots, unused ballots, ballot paper verification account, and all ballot papers issued.
The IEC further notes that the request for inspection is irrelevant to proving/disproving any fact in issue that was identified in the proceedings of court.