26 Apr 2022
The court was satisfied on the evidence that the failure to furnish the materials required by Regulation 108 was due to inadvertence and not bad faith and that it was just to exercise the power under Regulation 109 to except the non-compliance; accordingly an order was made in terms of the originating summons.
26 Feb 2014
The court granted relief under sections 40(3) and 40(5) because the demonstrated errors were inadvertent (miscalculations, transcription mistakes, lost receipts or failure to obtain small taxi receipts), there was no bad faith, overall declared expenses were accurate and below statutory ceilings, and where possible invoices/receipts were obtained retrospectively; corrective returns were ordered to be filed within seven days and no order as to costs was made.
26 Feb 2014
Errors and omissions in the applicants' election returns were attributable to inadvertence, miscalculation or loss of receipts by the applicants' agents and PCSC, did not show bad faith, did not affect the overall expense ceiling, and therefore the court granted corrective relief under s40(3) and excepted applicants from producing certain invoices/receipts under s40(5); corrective returns to be filed within seven days.
26 Feb 2014
The court granted orders under ss 40(3) and 40(5) because the errors and omissions were shown to be inadvertent, constituted miscalculations or lost/omitted documentation without evidence of bad faith, did not affect the overall correctness of declared election expenses nor exceed expense ceilings, and retrospective invoices or reasonable explanations were provided or obtainable; corrective returns were ordered within seven days and no order as to costs was made.
26 Feb 2014
Errors and omissions in the applicants' election expense returns were the result of inadvertence, miscalculation or lost receipts and did not demonstrate bad faith; accordingly the court exercised its discretion under ss40(3) and 40(5) to grant correction and excepting orders and ordered filing of corrective returns within seven days, with no order as to costs.
30 Jul 2013
The court found the majority of the errors (clerical mistakes, inadvertent omissions and a staff misunderstanding) were due to inadvertence or reasonable cause and not bad faith; accordingly leave to amend and orders to correct the return were granted for all items except the transportation services donation item, where no error was found.