Cape Independent Party v Electoral Commission of South Africa (0013/24EC) [2024] ZAEC 14 (13 May 2024)

Cape Independent Party v Electoral Commission of South Africa (0013/24EC) [2024] ZAEC 14 (13 May 2024)

The applicant failed to comply with the peremptory requirements of section 27(2)(cB) of the Electoral Act by not submitting the requisite number of voter supporters via the prescribed online portal by the statutory deadline. The Electoral Commission has no discretion to condone such non-compliance, as the statutory framework is designed to ensure fairness, integrity, and equal treatment in the electoral process. The applicant's attempt to submit the balance of supporters by email did not satisfy the prescribed manner, and the Commission was under no obligation to accept or warn of non-compliance. The factual disputes regarding technical difficulties with the portal were resolved in favour...

Citation
[2024] ZAEC 14
Parties
Applicant: Cape Independent Party (CIP); Respondent: Electoral Commission of South Africa
Court
Electoral Court
Jurisdiction
South Africa
Judgment Date
13 May 2024
Case Number
0013/24EC
Procedural Posture
Review Application / Final Judgment After Opposed Application
Outcome
Application dismissed with no order as to costs.
Judges
Zondi JA, Shongwe AJ, Adams AJ, Professor Ntlama-Makhanya, Professor Phooko
Legal Topics
Electoral Act Section 27, Candidate Nomination Requirements, Operation of Law Disqualification, Bill of Rights Political Rights, Administrative Deadlines, Judicial Review
Administrative Law Constitutional Law Electoral Act Section 27 Candidate Nomination Requirements Operation of Law Disqualification Bill of Rights Political Rights Administrative Deadlines Judicial Review

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Parties

Cape Independent Party (CIP)

Applicant

Electoral Commission of South Africa

Respondent

Procedural Posture

Review Application / Final Judgment After Opposed Application

Legal Issues

  1. 1 Whether the applicant's failure to comply with section 27(2)(cB) of the Electoral Act disqualified it from contesting the provincial elections.
  2. 2 Whether the Electoral Commission had discretion to condone non-compliance with the statutory deadline for submission of supporters' lists.
  3. 3 Whether the Commission's refusal to accept email submission of supporters' lists constituted a reviewable administrative decision.

Ratio Decidendi

The applicant failed to comply with the peremptory requirements of section 27(2)(cB) of the Electoral Act by not submitting the requisite number of voter supporters via the prescribed online portal by the statutory deadline. The Electoral Commission has no discretion to condone such non-compliance, as the statutory framework is designed to ensure fairness, integrity, and equal treatment in the electoral process. The applicant's attempt to submit the balance of supporters by email did not satisfy the prescribed manner, and the Commission was under no obligation to accept or warn of non-compliance. The factual disputes regarding technical difficulties with the portal were resolved in favour...

Court Disposition

Application dismissed with no order as to costs.

Orders

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