Democratic Alliance v Ramaphosa and Others (0027/2024EC) [2024] ZAEC 24 (21 October 2024)

Democratic Alliance v Ramaphosa and Others (0027/2024EC) [2024] ZAEC 24 (21 October 2024)

The Court held that the President's address did not contravene item 9(2)(e) of the Electoral Code or section 87(1)(g) of the Electoral Act. The address, viewed objectively, was intended to inform the nation about election readiness and encourage democratic participation, not to campaign for the ANC or influence...

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Citation
[2024] ZAEC 24
Parties
Applicant: Democratic Alliance; Respondent: Cyril Ramaphosa; Respondent: President of the Republic of South Africa; Respondent: African National Congress; Respondent: Electoral Commission of South Africa
Court
Electoral Court
Jurisdiction
South Africa
Judgment Date
21 October 2024
Case Number
0027/2024EC
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with no order as to costs.
Judges
Zondi, Adams, Yacoob
Legal Topics
Electoral Code of Conduct, Abuse of Power, Undue Influence, Presidential Powers, Free and Fair Elections
Constitutional Law Administrative Law Electoral Code of Conduct Abuse of Power Undue Influence Presidential Powers Free and Fair Elections

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Parties

Democratic Alliance

Applicant

Cyril Ramaphosa

Respondent

President of the Republic of South Africa

Respondent

African National Congress

Respondent

Electoral Commission of South Africa

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the President's televised address on 26 May 2024 constituted abuse of power or undue influence in violation of item 9(2)(e) of the Electoral Code of Conduct and section 87(1)(g) of the Electoral Act.
  2. 2 Whether public funds were misused for a political campaign contrary to section 87(1)(g) of the Electoral Act.
  3. 3 Whether the Electoral Court had jurisdiction to hear the application as a court of first instance.

Ratio Decidendi

The Court held that the President's address did not contravene item 9(2)(e) of the Electoral Code or section 87(1)(g) of the Electoral Act. The address, viewed objectively, was intended to inform the nation about election readiness and encourage democratic participation, not to campaign for the ANC or influence voters unlawfully. The Court found that a restrictive interpretation of the Code and Act, as urged by the DA, would unduly inhibit the President's constitutional obligations and citizens' rights to receive information. The President did not misuse public funds or abuse his position to influence the election outcome. The Electoral Court confirmed its jurisdiction to hear the matter...

Court Disposition

Application dismissed with no order as to costs.

Orders

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