Inkatha Freedom Party v Electoral Commission (005/11 IEC) [2011] ZAEC 4 (12 May 2011)

Inkatha Freedom Party v Electoral Commission (005/11 IEC) [2011] ZAEC 4 (12 May 2011)

Section 17(3)(b) of the Local Government: Municipal Electoral Act 27 of 2000 imposes an absolute requirement that a nominated ward candidate must be registered as a voter on the relevant municipality's segment of the voters' roll. The Electoral Commission is a statutory body with no discretion to condone non-compliance with this requirement. The respondent's officials consulted the voters' roll and found Mr Mbhele's name deleted from the Indaka Municipality segment, which precluded acceptance of his nomination. The presence of his name on the Msinga Municipality segment indicated re-registration, and there was no evidence of fraud or irregularity that could have affected the officials'...

Citation
[2011] ZAEC 4
Parties
Applicant: Inkatha Freedom Party; Respondent: Electoral Commission
Court
Electoral Court
Jurisdiction
South Africa
Judgment Date
12 May 2011
Case Number
005/11 IEC
Procedural Posture
Review Application / Final Judgment
Outcome
The application for review is dismissed with costs.
Judges
Mthiyane JA, Masipa J, Pillay J
Legal Topics
Municipal Elections, Nomination of Candidates, Voters Roll Registration, Review of Administrative Action
Administrative Law Municipal Elections Nomination of Candidates Voters Roll Registration Review of Administrative Action

Case Brief

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Parties

Inkatha Freedom Party

Applicant

Electoral Commission

Respondent

Procedural Posture

Review Application / Final Judgment

Legal Issues

  1. 1 Was the Electoral Commission obliged to accept the nomination of Mr Mbhele as the applicant's candidate for Indaka Municipality Ward 4.
  2. 2 Does section 17(3)(b) of the Local Government: Municipal Electoral Act 27 of 2000 bar the acceptance of a nomination where the candidate is not registered on the relevant segment of the voters' roll.
  3. 3 Is the respondent's refusal to accept the nomination reviewable under administrative law.

Ratio Decidendi

Section 17(3)(b) of the Local Government: Municipal Electoral Act 27 of 2000 imposes an absolute requirement that a nominated ward candidate must be registered as a voter on the relevant municipality's segment of the voters' roll. The Electoral Commission is a statutory body with no discretion to condone non-compliance with this requirement. The respondent's officials consulted the voters' roll and found Mr Mbhele's name deleted from the Indaka Municipality segment, which precluded acceptance of his nomination. The presence of his name on the Msinga Municipality segment indicated re-registration, and there was no evidence of fraud or irregularity that could have affected the officials'...

Court Disposition

The application for review is dismissed with costs.

Orders

  • The review application is dismissed with costs.