Independent Electoral Commission v Langeberg Municipality (CCT 49/00) [2001] ZACC 23; 2001 (3) SA 925 (CC); 2001 (9) BCLR 883 (CC) (7 June 2001)

Independent Electoral Commission v Langeberg Municipality (CCT 49/00) [2001] ZACC 23; 2001 (3) SA 925 (CC); 2001 (9) BCLR 883 (CC) (7 June 2001)

The Constitutional Court held that the dispute between the Electoral Commission and the municipality was not an intergovernmental dispute for the purposes of section 41(3) of the Constitution. The Commission, as a chapter 9 institution, is independent and not an organ of state within the national sphere of government. Therefore, the requirements of section 41(3) do not apply to litigation between the Commission and organs of state or spheres of government. The Court declined to decide the remaining issues, including locus standi and the merits of the High Court's order regarding voting stations, as the dispute was moot and no live controversy remained. The Court exercised its discretion...

Citation
[2001] ZACC 23
Parties
Appellant: Independent Electoral Commission; Respondent: Langeberg Municipality (as successor to Stilbaai Municipality)
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
7 June 2001
Case Number
CCT 49/00
Procedural Posture
Civil Appeal / Appeal From the Cape of Good Hope High Court
Outcome
Appeal upheld in part; declaration granted regarding section 41(3); no order as to costs.
Judges
Yacoob, Chaskalson, Ackermann, Goldstone, Kriegler, Madala, Mokgoro, Ngcobo, Sachs, Somyalo
Legal Topics
Intergovernmental Dispute, Electoral Rights, Independence of Chapter 9 Institutions, Locus Standi, Costs Order
Constitutional Law Administrative Law Intergovernmental Dispute Electoral Rights Independence of Chapter 9 Institutions Locus Standi Costs Order

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 20 Party arguments 2
Sign in to unlock

Parties

Independent Electoral Commission

Appellant

Langeberg Municipality (as successor to Stilbaai Municipality)

Respondent

Procedural Posture

Civil Appeal / Appeal From the Cape of Good Hope High Court

Legal Issues

  1. 1 Whether the dispute between the Electoral Commission and a municipality constitutes an intergovernmental dispute under section 41(3) of the Constitution.
  2. 2 Whether the Electoral Commission is an organ of state within a sphere of government for purposes of section 41(3).
  3. 3 Whether the municipality had locus standi to bring the application.

Ratio Decidendi

The Constitutional Court held that the dispute between the Electoral Commission and the municipality was not an intergovernmental dispute for the purposes of section 41(3) of the Constitution. The Commission, as a chapter 9 institution, is independent and not an organ of state within the national sphere of government. Therefore, the requirements of section 41(3) do not apply to litigation between the Commission and organs of state or spheres of government. The Court declined to decide the remaining issues, including locus standi and the merits of the High Court's order regarding voting stations, as the dispute was moot and no live controversy remained. The Court exercised its discretion...

Court Disposition

Appeal upheld in part; declaration granted regarding section 41(3); no order as to costs.

Orders

  • It is declared that a dispute between the Electoral Commission and a sphere of government or an organ of state within a sphere of government is not an intergovernmental dispute for the purpose of section 41(3) of the Constitution.
  • There is no order as to costs.