African National Congress v Electoral Commission and Others (03/2009) [2009] ZAEC 6 (4 April 2009)

African National Congress v Electoral Commission and Others (03/2009) [2009] ZAEC 6 (4 April 2009)

The court found that the applicant failed to comply with the procedural requirements for lodging an application for leave to appeal, as it did not serve the application on all parties within the prescribed time. The applicant provided no satisfactory explanation for the delay or for instructing its attorneys late. Furthermore, the applicant did not demonstrate any prospects of success on appeal, as the nomination requirements under the Electoral Act could be satisfied by the respondents' new party, and the applicant's remedy was to request substitution of candidates rather than appeal. Consequently, the application for condonation was refused, and the application for leave to appeal failed.

Citation
[2009] ZAEC 6
Parties
Applicant: African National Congress; Respondent: Electoral Commission; Respondent: Bloem, Dennis Victor; Respondent: Ngaleka, Elizabeth
Court
Electoral Court
Jurisdiction
South Africa
Judgment Date
4 April 2009
Case Number
03/2009
Procedural Posture
Leave to Appeal / Application for Condonation of Late Lodging of Application for Leave to Appeal
Outcome
Application for condonation dismissed; application for leave to appeal fails.
Judges
Mthiyane JA
Legal Topics
Condonation, Leave to Appeal, Electoral Act Compliance, Nomination Objection
Civil Procedure Condonation Leave to Appeal Electoral Act Compliance Nomination Objection

Case Brief

Summary, issues, holding and outcome

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Parties

African National Congress

Applicant

Electoral Commission

Respondent

Bloem, Dennis Victor

Respondent

Ngaleka, Elizabeth

Respondent

Procedural Posture

Leave to Appeal / Application for Condonation of Late Lodging of Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant established good cause for condonation of late filing of the application for leave to appeal.
  2. 2 Whether the application for leave to appeal was properly lodged within the prescribed time and served on all parties.
  3. 3 Whether there are prospects of success on appeal regarding the nomination and qualification of candidates under the Electoral Act.

Ratio Decidendi

The court found that the applicant failed to comply with the procedural requirements for lodging an application for leave to appeal, as it did not serve the application on all parties within the prescribed time. The applicant provided no satisfactory explanation for the delay or for instructing its attorneys late. Furthermore, the applicant did not demonstrate any prospects of success on appeal, as the nomination requirements under the Electoral Act could be satisfied by the respondents' new party, and the applicant's remedy was to request substitution of candidates rather than appeal. Consequently, the application for condonation was refused, and the application for leave to appeal failed.

Court Disposition

Application for condonation dismissed; application for leave to appeal fails.

Orders

  • The applicant's application for condonation is dismissed.