Inkatha Freedom Party v Independent Electoral Commission (3/2001) [2001] ZAEC 3 (3 October 2001)

Inkatha Freedom Party v Independent Electoral Commission (3/2001) [2001] ZAEC 3 (3 October 2001)

The court held that the IEC was obliged to investigate the appellant's objection regarding voters being chased away in ward 12, given the narrow margin of victory. The absence of supporting affidavits did not justify summary dismissal, especially since the IEC could have called for further information or affidavits. The IEC's powers under section 65 of the Act include investigating the factual basis of objections and conducting hearings. The IEC's failure to consider the objection on its merits was a misdirection. The appeal in respect of ward 12 was allowed, and the IEC was directed to reconsider the objection and provide reasons for its decision. The review application in respect of...

Citation
[2001] ZAEC 3
Parties
Appellant: Inkatha Freedom Party; Respondent: Independent Electoral Commission
Court
Electoral Court
Jurisdiction
South Africa
Judgment Date
3 October 2001
Case Number
3/2001
Procedural Posture
Review Application / Appeal and Review of IEC Decision on Election Objections
Outcome
The review application is dismissed. The appeal against the IEC's dismissal of the objection in ward 12 is allowed. The IEC is directed to reconsider the objection and provide reasons for its decision. Costs are awarded to the appellant in relation to the appeal.
Judges
Van der Walt, Pillay, Masipa
Legal Topics
Municipal Elections, Electoral Code of Conduct, Right to Vote, Review of Administrative Action
Administrative Law Constitutional Law Municipal Elections Electoral Code of Conduct Right to Vote Review of Administrative Action

Case Brief

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Parties

Inkatha Freedom Party

Appellant

Independent Electoral Commission

Respondent

Procedural Posture

Review Application / Appeal and Review of IEC Decision on Election Objections

Legal Issues

  1. 1 Whether the IEC correctly dismissed the IFP's objection to the election results in wards 5 and 12 of Mandeni municipality.
  2. 2 Whether the IEC was obliged to investigate allegations that voters were prevented from voting in ward 12.
  3. 3 Whether the absence of supporting affidavits justified the IEC's rejection of the objection.

Ratio Decidendi

The court held that the IEC was obliged to investigate the appellant's objection regarding voters being chased away in ward 12, given the narrow margin of victory. The absence of supporting affidavits did not justify summary dismissal, especially since the IEC could have called for further information or affidavits. The IEC's powers under section 65 of the Act include investigating the factual basis of objections and conducting hearings. The IEC's failure to consider the objection on its merits was a misdirection. The appeal in respect of ward 12 was allowed, and the IEC was directed to reconsider the objection and provide reasons for its decision. The review application in respect of...

Court Disposition

The review application is dismissed. The appeal against the IEC's dismissal of the objection in ward 12 is allowed. The IEC is directed to reconsider the objection and provide reasons for its decision. Costs are awarded to the appellant in relation to the appeal.

Orders

  • The application for review is dismissed.
  • The appeal against the dismissal by the IEC of the complaint lodged by the Inkatha Freedom Party against the election result in ward 12 Mandeni is allowed.