Arise South Africa v Electoral Commission of South Africa; Independent South African National Civic Organisation v Electoral Commission of South Africa (014-2024EC; 020-2024EC) [2024] ZAEC 8 (6 May 2024)

Arise South Africa v Electoral Commission of South Africa; Independent South African National Civic Organisation v Electoral Commission of South Africa (014-2024EC; 020-2024EC) [2024] ZAEC 8 (6 May 2024)

The court found that both ASA and ISANCO failed to comply with the peremptory requirements of the Electoral Act for contesting the 2024 elections. ASA did not submit the required regional candidate lists, and ISANCO failed to meet the quota of verified supporters' signatures for certain regions and provinces. The Commission's evidence, including audit trails and system verification, was accepted as more probable than the applicants' unsubstantiated claims. Disqualification occurred by operation of law, not by administrative decision, and section 28 of the Electoral Act did not grant the Commission discretion to condone non-compliance. The applications were dismissed, and no order as to...

Citation
[2024] ZAEC 8
Parties
Applicant: Arise South Africa (ASA); Applicant: Independent South African National Civic Organisation (ISANCO); Respondent: Electoral Commission of South Africa
Court
Electoral Court
Jurisdiction
South Africa
Judgment Date
6 May 2024
Case Number
014-2024EC; 020-2024EC
Procedural Posture
Review Application / Opposed Application for Review And/or Mandatory Interdict
Outcome
Both applications are dismissed with no order as to costs.
Judges
Zondi JA, Shongwe AJ, Adams AJ, Phooko, Ntlama-Makhanya
Legal Topics
Electoral Act Compliance, Candidate Nomination, Supporters List Quota, Operation of Law Disqualification, Plascon Evans Principle
Administrative Law Constitutional Law Electoral Act Compliance Candidate Nomination Supporters List Quota Operation of Law Disqualification Plascon Evans Principle

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Parties

Arise South Africa (ASA)

Applicant

Independent South African National Civic Organisation (ISANCO)

Applicant

Electoral Commission of South Africa

Respondent

Procedural Posture

Review Application / Opposed Application for Review And/or Mandatory Interdict

Legal Issues

  1. 1 Whether the applicants complied with the Electoral Act requirements for submission of candidate and supporters' lists to contest the 2024 elections.
  2. 2 Whether the Electoral Commission's actions constituted a reviewable administrative decision or whether disqualification occurred by operation of law.
  3. 3 Whether the Chief Electoral Officer had any discretion to condone late or incomplete submissions under section 28 of the Electoral Act.

Ratio Decidendi

The court found that both ASA and ISANCO failed to comply with the peremptory requirements of the Electoral Act for contesting the 2024 elections. ASA did not submit the required regional candidate lists, and ISANCO failed to meet the quota of verified supporters' signatures for certain regions and provinces. The Commission's evidence, including audit trails and system verification, was accepted as more probable than the applicants' unsubstantiated claims. Disqualification occurred by operation of law, not by administrative decision, and section 28 of the Electoral Act did not grant the Commission discretion to condone non-compliance. The applications were dismissed, and no order as to...

Court Disposition

Both applications are dismissed with no order as to costs.

Orders

  • The application is dismissed with no order as to costs.
  • Condonation for the late filing of the Commission's answering affidavit is granted.