Malawu v The Electoral Commission and Others (006/20 IEC) [2020] ZAEC 1 (18 November 2020)

Malawu v The Electoral Commission and Others (006/20 IEC) [2020] ZAEC 1 (18 November 2020)

The application was dismissed because the applicant failed to join political parties and candidates who had a direct and substantial interest in the relief sought, rendering the application fatally defective. The court held that the statutory test for postponing an election is whether it is not reasonably possible to conduct a free and fair election, not whether the election is fair to the applicant personally. The applicant did not make out a case that a free and fair election could not be held, and his personal interests did not satisfy the statutory requirements. The urgency claimed by the applicant was not supported by the facts, as the election date was publicly announced and...

Citation
[2020] ZAEC 1
Parties
Applicant: Siyabulela Malawu; Respondent: The Electoral Commission; Respondent: The MEC for Co-operative Governance & Traditional Affairs, Eastern Cape; Respondent: Amahlati Local Municipality; Respondent: The Municipal Manager, Amahlati Local Municipality
Court
Electoral Court
Jurisdiction
South Africa
Judgment Date
18 November 2020
Case Number
006/20 IEC
Procedural Posture
Urgent Application / Application for Urgent Relief Prior to by Election
Outcome
Application dismissed with no order as to costs.
Judges
MBHA JP, LAMONT J, SHONGWE AJ, PATHER
Legal Topics
Joinder of Parties, Local Government Elections, Urgent Interdict, Free and Fair Elections
Civil Procedure Administrative Law Joinder of Parties Local Government Elections Urgent Interdict Free and Fair Elections

Case Brief

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Parties

Siyabulela Malawu

Applicant

The Electoral Commission

Respondent

The MEC for Co-operative Governance & Traditional Affairs, Eastern Cape

Respondent

Amahlati Local Municipality

Respondent

The Municipal Manager, Amahlati Local Municipality

Respondent

Procedural Posture

Urgent Application / Application for Urgent Relief Prior to by Election

Legal Issues

  1. 1 Whether the applicant was entitled to an order postponing the by-election in Amahlati Ward 13.
  2. 2 Whether the failure to join political parties and candidates with a direct and substantial interest was fatal to the application.
  3. 3 Whether the applicant made out a case that a free and fair election could not be held.

Ratio Decidendi

The application was dismissed because the applicant failed to join political parties and candidates who had a direct and substantial interest in the relief sought, rendering the application fatally defective. The court held that the statutory test for postponing an election is whether it is not reasonably possible to conduct a free and fair election, not whether the election is fair to the applicant personally. The applicant did not make out a case that a free and fair election could not be held, and his personal interests did not satisfy the statutory requirements. The urgency claimed by the applicant was not supported by the facts, as the election date was publicly announced and...

Court Disposition

Application dismissed with no order as to costs.

Orders

  • The application is dismissed.
  • No order as to costs.