African Independent Congress v The Electoral Commission and Others (002/15EC) [2016] ZAEC 6 (8 February 2016)

African Independent Congress v The Electoral Commission and Others (002/15EC) [2016] ZAEC 6 (8 February 2016)

The Electoral Court held that although there were irregularities in the conduct of the by-election, including the temporary obscurity of the ballot box and the unauthorized lunch break closure of the voting station, these did not materially affect the outcome of the election. The objective evidence from the zip zap...

Source-derived case information.

Citation
[2016] ZAEC 6
Parties
Appellant: African Independent Congress; Respondent: The Electoral Commission; Respondent: Matatiel Local Municipality; Respondent: African National Congress; Respondent: Jimmy Thabo Tshabalala
Court
Electoral Court
Jurisdiction
South Africa
Judgment Date
8 February 2016
Case Number
002/15EC
Procedural Posture
Leave to Appeal / Appeal From Decision of the Electoral Commission Rejecting Objection to by Election Results
Outcome
Appeal dismissed; no order as to costs.
Judges
M.M. Mthembu, Shongwe, Wepener
Legal Topics
Municipal Elections, Materiality of Irregularities, Electoral Objections, Statutory Interpretation
Administrative Law Civil Procedure Municipal Elections Materiality of Irregularities Electoral Objections Statutory Interpretation

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Summary, issues, holding and outcome

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Parties

African Independent Congress

Appellant

The Electoral Commission

Respondent

Matatiel Local Municipality

Respondent

African National Congress

Respondent

Jimmy Thabo Tshabalala

Respondent

Procedural Posture

Leave to Appeal / Appeal From Decision of the Electoral Commission Rejecting Objection to by Election Results

Legal Issues

  1. 1 Whether the Electoral Commission's rejection of the appellant's objection to the by-election results was valid.
  2. 2 Whether the alleged irregularities in the conduct of the by-election materially affected the outcome as contemplated in Section 55 of the Local Government Municipal Electoral Act, 27 of 2000.
  3. 3 Whether breaches of statutory voting hours and procedures constitute material irregularities warranting invalidation of election results.

Ratio Decidendi

The Electoral Court held that although there were irregularities in the conduct of the by-election, including the temporary obscurity of the ballot box and the unauthorized lunch break closure of the voting station, these did not materially affect the outcome of the election. The objective evidence from the zip zap scanner contradicted the appellant's allegations regarding the number of votes cast. The margin of victory was such that even if the disputed votes were disregarded, the result would not have changed. The Court applied the materiality test from AllPay, finding that only irregularities that materially affect the outcome justify invalidation. The appellant failed to prove on a...

Court Disposition

Appeal dismissed; no order as to costs.

Orders

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