Luthuli and Others v The Electoral Commission of South Africa and Ndlovu and Others v The Electoral Commission of South Africa (007/22EC) [2022] ZAEC 8 (17 June 2022)

Luthuli and Others v The Electoral Commission of South Africa and Ndlovu and Others v The Electoral Commission of South Africa (007/22EC) [2022] ZAEC 8 (17 June 2022)

The court found that the objections lodged by the applicants did not satisfy the materiality test under s 65(1) of the Municipal Electoral Act, as they were vague, lacked particularity, and were unsupported by evidence or documentation. The new allegations raised by the second applicants could not be considered, as they were not part of the original objection and had not been submitted to the Commission for investigation. The failure to submit a founding affidavit by the first applicants and the non-joinder of interested parties rendered the application fatally defective. The Commission's late filing of its opposing affidavit was condoned due to a reasonable explanation and lack of...

Citation
[2022] ZAEC 8
Parties
Applicant: Sandile Jerome Luthuli; Applicant: Thamsanqa Mkhize; Applicant: Nicolas Nxumalo; Respondent: The Electoral Commission of South Africa; Applicant: Thandeka P Ndlovu; Applicant: Sandile Meyiwa; Applicant: Thabani C Madibe; Applicant: Khayelihle Zungu; Applicant: Nothando J Ngidi; Applicant: Fikile Mkhize; Applicant: Lungelo W Zulu
Court
Electoral Court
Jurisdiction
South Africa
Judgment Date
17 June 2022
Case Number
007/22EC
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
MBHA, MODIBA, SHONGWE, NTLAMA-MAKHANYA, PHOOKO
Legal Topics
Municipal Elections, Electoral Objections, Condonation, Non Joinder, Materiality Test
Administrative Law Civil Procedure Municipal Elections Electoral Objections Condonation Non Joinder Materiality Test

Case Brief

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Parties

Sandile Jerome Luthuli

Applicant

Thamsanqa Mkhize

Applicant

Nicolas Nxumalo

Applicant

The Electoral Commission of South Africa

Respondent

Thandeka P Ndlovu

Applicant

Sandile Meyiwa

Applicant

Thabani C Madibe

Applicant

Khayelihle Zungu

Applicant

Nothando J Ngidi

Applicant

Fikile Mkhize

Applicant

Lungelo W Zulu

Applicant

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the objections lodged by the applicants satisfied the requirements of s 65(1) of the Municipal Electoral Act.
  2. 2 Whether new allegations raised by the second applicants could be considered by the court.
  3. 3 Whether the failure to submit supporting affidavits and documents rendered the application fatally defective.

Ratio Decidendi

The court found that the objections lodged by the applicants did not satisfy the materiality test under s 65(1) of the Municipal Electoral Act, as they were vague, lacked particularity, and were unsupported by evidence or documentation. The new allegations raised by the second applicants could not be considered, as they were not part of the original objection and had not been submitted to the Commission for investigation. The failure to submit a founding affidavit by the first applicants and the non-joinder of interested parties rendered the application fatally defective. The Commission's late filing of its opposing affidavit was condoned due to a reasonable explanation and lack of...

Court Disposition

Application dismissed.

Orders

  • The respondent's application for condonation of the late filing of the opposing affidavit is granted.
  • The entire application is dismissed.