African Economic Freedom v Electoral Commission of South Africa (0022/24EC) [2024] ZAEC 17 (21 May 2024)

African Economic Freedom v Electoral Commission of South Africa (0022/24EC) [2024] ZAEC 17 (21 May 2024)

The applicant failed to comply with the mandatory requirements of section 27(2) of the Electoral Act by not ensuring that the deposit was received in the IEC's account by the stipulated deadline. The IEC acted lawfully and within its statutory powers in refusing to accept late payment and in declining to condone non-compliance. The court found that substantial compliance is insufficient where the statutory scheme requires strict adherence to deadlines, especially in the context of elections where fairness and integrity are paramount. The applicant's reliance on a purposive interpretation was misplaced, as the legislative intent and the language of the Act demand actual compliance with all...

Citation
[2024] ZAEC 17
Parties
Applicant: African Economic Freedom; Respondent: Electoral Commission of South Africa
Court
Electoral Court
Jurisdiction
South Africa
Judgment Date
21 May 2024
Case Number
0022/24EC
Procedural Posture
Review Application / Final Judgment
Outcome
Application dismissed with no order as to costs.
Judges
Zondi JA, Adams AJ, Steyn AJ, Professor Ntlama-Makhanya
Legal Topics
Electoral Act Section 27, Election Timetable Compliance, Substantial Compliance, Review of Administrative Action
Administrative Law Constitutional Law Electoral Act Section 27 Election Timetable Compliance Substantial Compliance Review of Administrative Action

Case Brief

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Parties

African Economic Freedom

Applicant

Electoral Commission of South Africa

Respondent

Procedural Posture

Review Application / Final Judgment

Legal Issues

  1. 1 Whether the applicant African Economic Freedom complied with section 27(2) of the Electoral Act by paying the required deposit before the stipulated deadline.
  2. 2 Whether substantial compliance with the deposit requirement suffices for participation in the election.
  3. 3 Whether the IEC's refusal to accept late payment or condone non-compliance is reviewable.

Ratio Decidendi

The applicant failed to comply with the mandatory requirements of section 27(2) of the Electoral Act by not ensuring that the deposit was received in the IEC's account by the stipulated deadline. The IEC acted lawfully and within its statutory powers in refusing to accept late payment and in declining to condone non-compliance. The court found that substantial compliance is insufficient where the statutory scheme requires strict adherence to deadlines, especially in the context of elections where fairness and integrity are paramount. The applicant's reliance on a purposive interpretation was misplaced, as the legislative intent and the language of the Act demand actual compliance with all...

Court Disposition

Application dismissed with no order as to costs.

Orders

  • The application is dismissed.
  • No order as to costs.