Khumalo v Independent Electoral Commission of South Africa (0025/24EC) [2024] ZAEC 20 (12 June 2024)

Khumalo v Independent Electoral Commission of South Africa (0025/24EC) [2024] ZAEC 20 (12 June 2024)

The court found that its review jurisdiction under section 20(1) of the Electoral Commission Act was properly engaged, as the Commission's determination that JK6 complied with regulation 9 constituted a reviewable decision relating to an electoral matter. However, the applicant, having been expelled from MKP and not challenging his expulsion, lacked locus standi to seek relief regarding MKP leadership. The application was not brought within the statutory three-day period, and the delay was unreasonable and unexplained, with no proper case for condonation. On the merits, the court accepted the respondents' version, supported by affidavits and the Plascon-Evans rule, that Mr Khumalo...

Citation
[2024] ZAEC 20
Parties
Applicant: Jabulani Khumalo; Respondent: Electoral Commission of South Africa; Respondent: Chief Electoral Officer; Respondent: Umkhonto Wesizwe Political Party; Respondent: Jacob Gedleyihlekisa Zuma
Court
Electoral Court
Jurisdiction
South Africa
Judgment Date
12 June 2024
Case Number
0025/24EC
Procedural Posture
Review Application / Final Judgment
Outcome
Application dismissed with punitive costs.
Judges
Modiba, Adams, Yacoob
Legal Topics
Electoral Commission Act, Locus Standi, Review Jurisdiction, Ultra Vires, Punitive Costs, Regulation of Political Parties
Administrative Law Constitutional Law Civil Procedure Electoral Commission Act Locus Standi Review Jurisdiction Ultra Vires Punitive Costs +1 more

Case Brief

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Parties

Jabulani Khumalo

Applicant

Electoral Commission of South Africa

Respondent

Chief Electoral Officer

Respondent

Umkhonto Wesizwe Political Party

Respondent

Jacob Gedleyihlekisa Zuma

Respondent

Procedural Posture

Review Application / Final Judgment

Legal Issues

  1. 1 Whether the Electoral Court's review jurisdiction under section 20(1) of the Electoral Commission Act 51 of 1996 is properly engaged.
  2. 2 Whether the applicant, as an expelled member of MKP, has locus standi to bring the application.
  3. 3 Whether the applicant delayed bringing the application and if so, whether the delay may be condoned or overlooked in the interests of justice.

Ratio Decidendi

The court found that its review jurisdiction under section 20(1) of the Electoral Commission Act was properly engaged, as the Commission's determination that JK6 complied with regulation 9 constituted a reviewable decision relating to an electoral matter. However, the applicant, having been expelled from MKP and not challenging his expulsion, lacked locus standi to seek relief regarding MKP leadership. The application was not brought within the statutory three-day period, and the delay was unreasonable and unexplained, with no proper case for condonation. On the merits, the court accepted the respondents' version, supported by affidavits and the Plascon-Evans rule, that Mr Khumalo...

Court Disposition

Application dismissed with punitive costs.

Orders

  • The application is dismissed.
  • The applicant shall pay the third and fourth respondents' costs on the attorney and client scale.