Action SA v The Electoral Commission of South Africa (006/2021/EC) [2022] ZAEC 2 (18 January 2022)

Action SA v The Electoral Commission of South Africa (006/2021/EC) [2022] ZAEC 2 (18 January 2022)

The majority held that the Electoral Commission acted lawfully and constitutionally in excluding Action SA's name from the ward ballot paper, as the applicant had not registered an abbreviated name as required for inclusion in the relevant section of the ballot. The Commission's powers under section 23 of the Municipal Electoral Act were exercised properly, and its approach was consistent with statutory requirements and the need for fairness among all political parties. The applicant's failure to register an abbreviation was a self-created problem, and the Commission could not unilaterally assign one. The exclusion did not amount to a breach of constitutional rights, and granting the...

Citation
[2022] ZAEC 2
Parties
Applicant: Action SA; Respondent: The Electoral Commission of South Africa
Court
Electoral Court
Jurisdiction
South Africa
Judgment Date
18 January 2022
Case Number
006/2021/EC
Procedural Posture
Urgent Application / Final Judgment
Outcome
Application dismissed with no order as to costs.
Judges
Mbha JA, Shongwe AJ, Moshidi AJ, Ms Pather
Legal Topics
Electoral Commission Powers, Ballot Paper Design, Political Rights, Promotion of Administrative Justice Act, Statutory Interpretation
Administrative Law Constitutional Law Electoral Commission Powers Ballot Paper Design Political Rights Promotion of Administrative Justice Act Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Action SA

Applicant

The Electoral Commission of South Africa

Respondent

Procedural Posture

Urgent Application / Final Judgment

Legal Issues

  1. 1 Whether the Electoral Commission acted lawfully and constitutionally in excluding the applicant's name from the ward ballot paper for the 2021 local government elections.
  2. 2 Whether the Commission's decision to require a registered abbreviation for inclusion on the ballot paper is supported by law.
  3. 3 Whether the exclusion of the applicant's name infringed the applicant's rights under sections 19 and 190 of the Constitution.

Ratio Decidendi

The majority held that the Electoral Commission acted lawfully and constitutionally in excluding Action SA's name from the ward ballot paper, as the applicant had not registered an abbreviated name as required for inclusion in the relevant section of the ballot. The Commission's powers under section 23 of the Municipal Electoral Act were exercised properly, and its approach was consistent with statutory requirements and the need for fairness among all political parties. The applicant's failure to register an abbreviation was a self-created problem, and the Commission could not unilaterally assign one. The exclusion did not amount to a breach of constitutional rights, and granting the...

Court Disposition

Application dismissed with no order as to costs.

Orders

  • The application is dismissed.
  • There is no order as to costs.