Gamagara Community Forum v The Electoral Commission and Others (004/22EC) [2022] ZAEC 6 (22 April 2022)

Gamagara Community Forum v The Electoral Commission and Others (004/22EC) [2022] ZAEC 6 (22 April 2022)

The application was dismissed on multiple procedural and substantive grounds. The applicant failed to comply with the prescribed timeframes for lodging the review and did not provide a sufficient explanation for the delay. The application for condonation was incomplete. The applicant lacked proper standing and authority to bring the application, and necessary parties were not joined. The alleged irregularities were speculative, based on hearsay, and unsupported by evidence. The Commission's factual averments were unchallenged, as the applicant did not file a replying affidavit. Applying the Plascon Evans rule, the Commission's version was accepted, as it was neither far-fetched nor...

Citation
[2022] ZAEC 6
Parties
Applicant: Gamagara Community Forum; Respondent: The Electoral Commission of South Africa; Respondent: Freedom Front Plus; Respondent: Democratic Alliance; Respondent: Economic Freedom Fighters; Respondent: African National Congress
Court
Electoral Court
Jurisdiction
South Africa
Judgment Date
22 April 2022
Case Number
004/22EC
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
MBHA JA, MODIBA J, SHONGWE AJ, MS PATHER, PROFESSOR NTLAMA-MAKHANYA
Legal Topics
Electoral Disputes, Review of Administrative Action, Condonation for Late Filing, Joinder of Parties, Motion Proceedings, Plascon Evans Rule
Administrative Law Civil Procedure Electoral Disputes Review of Administrative Action Condonation for Late Filing Joinder of Parties Motion Proceedings Plascon Evans Rule

Case Brief

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Parties

Gamagara Community Forum

Applicant

The Electoral Commission of South Africa

Respondent

Freedom Front Plus

Respondent

Democratic Alliance

Respondent

Economic Freedom Fighters

Respondent

African National Congress

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant's objection to the election results in Wards 3 and 4 of Gamagara Local Municipality was properly substantiated and supported by evidence.
  2. 2 Whether the application for review and setting aside of the Commission's decision was timeously and procedurally compliant.
  3. 3 Whether the applicant had standing and authority to bring the application on behalf of the party.

Ratio Decidendi

The application was dismissed on multiple procedural and substantive grounds. The applicant failed to comply with the prescribed timeframes for lodging the review and did not provide a sufficient explanation for the delay. The application for condonation was incomplete. The applicant lacked proper standing and authority to bring the application, and necessary parties were not joined. The alleged irregularities were speculative, based on hearsay, and unsupported by evidence. The Commission's factual averments were unchallenged, as the applicant did not file a replying affidavit. Applying the Plascon Evans rule, the Commission's version was accepted, as it was neither far-fetched nor...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • There is no order as to costs.