Democratic Alliance and Another v African National Congress and Another (001/15 EC) [2015] ZAEC 1 (5 March 2015)

Democratic Alliance and Another v African National Congress and Another (001/15 EC) [2015] ZAEC 1 (5 March 2015)

The court held that the ANC's late submission of the deposit cheque, by a matter of minutes, did not constitute a fatal flaw justifying exclusion of its candidate from the by-election. The court found that there was substantial compliance with the requirements of the Local Government: Municipal Electoral Act, and that the ANC's conduct demonstrated a serious intention to participate. The court adopted a purposive and flexible approach to the interpretation of electoral time-tables, guided by constitutional values that encourage participation in democratic elections. The court rejected the DA's argument for strict inflexibility, noting that no prejudice or disadvantage was caused by the...

Citation
[2015] ZAEC 1
Parties
Applicant: Democratic Alliance; Applicant: Palesa Mobango; Respondent: African National Congress; Respondent: Thabang Nathaniel Morufane; Respondent: Electoral Commission; Respondent: Member of the Executive Council: Co-operative Governance and Traditional Affairs, Mpumalanga
Court
Electoral Court
Jurisdiction
South Africa
Judgment Date
5 March 2015
Case Number
001/15 EC
Procedural Posture
Urgent Application / Application for Rescission of a Prior Order; Main Application and Rescission Application Heard Together
Outcome
The application for rescission of the prior order is dismissed. The order of 8 February 2015 stands and is confirmed.
Judges
S Pather, Shongwe, Wepener
Legal Topics
Substantial Compliance, Electoral Procedure, Purposive Interpretation, Participation in Elections, Cut Off Time, Judicial Review
Administrative Law Constitutional Law Substantial Compliance Electoral Procedure Purposive Interpretation Participation in Elections Cut Off Time Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

Democratic Alliance

Applicant

Palesa Mobango

Applicant

African National Congress

Respondent

Thabang Nathaniel Morufane

Respondent

Electoral Commission

Respondent

Member of the Executive Council: Co-operative Governance and Traditional Affairs, Mpumalanga

Respondent

Procedural Posture

Urgent Application / Application for Rescission of a Prior Order; Main Application and Rescission Application Heard Together

Legal Issues

  1. 1 Whether the late submission of the deposit cheque by the ANC constituted a fatal flaw justifying exclusion of its candidate from the by-election.
  2. 2 Whether substantial compliance with the requirements of the Local Government: Municipal Electoral Act suffices for candidate registration.
  3. 3 Whether a flexible, purposive interpretation of electoral time-tables is required to promote constitutional values of participation.

Ratio Decidendi

The court held that the ANC's late submission of the deposit cheque, by a matter of minutes, did not constitute a fatal flaw justifying exclusion of its candidate from the by-election. The court found that there was substantial compliance with the requirements of the Local Government: Municipal Electoral Act, and that the ANC's conduct demonstrated a serious intention to participate. The court adopted a purposive and flexible approach to the interpretation of electoral time-tables, guided by constitutional values that encourage participation in democratic elections. The court rejected the DA's argument for strict inflexibility, noting that no prejudice or disadvantage was caused by the...

Court Disposition

The application for rescission of the prior order is dismissed. The order of 8 February 2015 stands and is confirmed.

Orders

  • The application for rescission of the order of this court of 8 February 2015 is dismissed.
  • The order of this court of 8 February 2015 stands and is confirmed.