Unmarked ballots found at Msunduzi school where recount flipped a ward
The IEC is probing unmarked PR and district ballot papers found at Zuzulwazi Primary in Taylors, where a recount turned a 6-vote independent win into a 2-vote IFP win. What was found, how objections work and what can happen next.
The IEC is looking into how unmarked ballot papers ended up at Zuzulwazi Primary School in Taylors, Msunduzi, a voting station where a recount flipped a ward result from a six-vote independent win to a two-vote IFP win. The recovered papers are unmarked PR and district ballots, not ward ballots, and have been handed to police, the IEC's uMgungundlovu district manager Khulekani Mdadane told Daily News and IOL. No decision on further recounts has been made yet.
What was found at the school?
According to IOL, a teacher allegedly found pupils playing with ballot papers on the school grounds on Wednesday, 11 November. The pupils reportedly said they found the papers in a dustbin, and more papers were later recovered from their homes.
Mdadane said the papers were unmarked and were only proportional representation (PR) and district ballots. There were no ward ballots among them that could show which voting area they came from, Daily News reported. Some of the papers had cartoon drawings on them.
He told IOL the IEC found the timing strange, because the school had been operating since the week of the election and maintenance staff said they had not seen any ballot papers there.
How did the recount change the ward result?
The IFP lodged a Section 65 objection, and the IEC did a recount at the station on Sunday, Mdadane said in IOL's report. The recount found that special votes had not been included in the original count.
| Count | Winner | Margin |
|---|---|---|
| First count | Independent councillors | 6 votes |
| Recount including special votes | IFP | 2 votes |
Source: IEC uMgungundlovu district manager, via IOL.
The independent councillors then lodged their own Section 65 objection, according to Daily News.
Does finding the papers change the result?
Not by itself, as things stand. Mdadane said the IEC was still considering the objections and complaints and had not yet decided on further recounts, IOL reported. He also said he did not have the station's reconciliation report at hand to check whether the number of ballot papers delivered matched those collected after voting.
Some parties have raised further objections about the validity of the outcome since the discovery, he said. SAPS referred questions about a criminal case to the IEC, according to Daily News.
What is a Section 65 objection?
It is a formal objection under the Municipal Electoral Act about voting or counting, or about unlawful interference at or near a voting station. It only counts as material if upholding it would change the result in that voting station, ward or municipality, the IEC explains.
For the 2026 local elections, objections had to be lodged by 17:00 on 6 November, though the IEC can consider a late objection with an application for condonation, according to the IEC.
What can the IEC and the Electoral Court do?
| Step | What can happen | Source |
|---|---|---|
| IEC decides the objection | Uphold, reject or dismiss it | IEC |
| Upheld after results are declared | IEC can amend the result, or refer the matter to the Electoral Court if irregularities may justify setting the election aside | Municipal Electoral Act s65(7) |
| Appeal | An aggrieved party can appeal to the Electoral Court within 7 days of the IEC decision | Municipal Electoral Act s65(9) |
| Electoral Court | Can reject the appeal, amend the IEC decision, set aside the election or make another order | Municipal Electoral Act s65(10) |
The declared result is not suspended while an appeal or referral is pending, Business Day notes, in line with section 65(12) of the Act.
Is this the only disputed ward in Msunduzi?
No. The IEC also recounted the disputed Ward 35 result in Sobantu after an ANC challenge, The Witness reported, and a separate IFP complaint over missing special votes led to a recount in Ward 8 in Elandskop, according to The Witness.
Reported will update this article when the IEC announces its decision on the objections.
FAQ
What ballot papers were found at the Msunduzi school?
Unmarked PR and district ballot papers, with no ward ballots, according to the IEC's uMgungundlovu district manager quoted by IOL.
How did the recount change the ward result?
The first count had independent councillors winning by 6 votes. A recount that included special votes gave the IFP a 2-vote win, the IEC said.
Can the Electoral Court set aside a ward election?
Yes. Under section 65 of the Municipal Electoral Act the court can reject an appeal, amend the IEC decision, set aside the election or make another order.
How long do parties have to appeal an IEC objection decision?
Seven days from the IEC's decision, under section 65(9) of the Municipal Electoral Act.