Mamitsa v Khumalo (247/89) [1990] ZASCA 139; 1991 (1) SA 787 (AD); (23 November 1990)

Mamitsa v Khumalo (247/89) [1990] ZASCA 139; 1991 (1) SA 787 (AD); (23 November 1990)

The Supreme Court of Appeal held that once a voters' list is certified under regulation 5(4)(b), it becomes final and conclusive for the purposes of the ensuing election and cannot be amended thereafter. Regulation 5(6) does not empower the Director to alter a certified list for the purposes of an election. Since the appellant's name was not on the certified voters' list on nomination day, his nomination and subsequent declaration as elected were invalid. The amendment of the list after certification was a nullity, and the electoral officer was precluded from declaring the appellant duly elected. The appeal was therefore dismissed.

Citation
[1990] ZASCA 139
Parties
Appellant: Thomas Mamitsa; Respondent: Julius Moses Khumalo
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
23 November 1990
Case Number
247/89
Procedural Posture
Civil Appeal / Appeal From the Witwatersrand Local Division
Outcome
Appeal dismissed with costs.
Judges
Van Heerden, Smalberger, Preiss
Legal Topics
Local Authority Elections, Nomination Requirements, Voters List Certification, Rectification of Administrative Errors
Administrative Law Civil Procedure Local Authority Elections Nomination Requirements Voters List Certification Rectification of Administrative Errors

Case Brief

Summary, issues, holding and outcome

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Parties

Thomas Mamitsa

Appellant

Julius Moses Khumalo

Respondent

Procedural Posture

Civil Appeal / Appeal From the Witwatersrand Local Division

Legal Issues

  1. 1 Whether a candidate's nomination is invalid if, on nomination day, he is not competent to be elected as a member of the council.
  2. 2 Whether a voters' list may be amended after it has been certified under regulation 5(4)(b).

Ratio Decidendi

The Supreme Court of Appeal held that once a voters' list is certified under regulation 5(4)(b), it becomes final and conclusive for the purposes of the ensuing election and cannot be amended thereafter. Regulation 5(6) does not empower the Director to alter a certified list for the purposes of an election. Since the appellant's name was not on the certified voters' list on nomination day, his nomination and subsequent declaration as elected were invalid. The amendment of the list after certification was a nullity, and the electoral officer was precluded from declaring the appellant duly elected. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.