Mketsu and Others v African National Congress and Others (315/2001) [2002] ZASCA 106; [2002] 4 All SA 205 (SCA); 2003 (2) SA 1 (SCA) (13 September 2002)

Mketsu and Others v African National Congress and Others (315/2001) [2002] ZASCA 106; [2002] 4 All SA 205 (SCA); 2003 (2) SA 1 (SCA) (13 September 2002)

The Supreme Court of Appeal held that section 65 of the Municipal Electoral Act 27 of 2000 prescribes a mandatory procedure for objections concerning any aspect of an election that is material to the declared result. The procedure requires objections to be lodged with the Electoral Commission within strict time limits, with appeals lying to the Electoral Court. The High Court's inherent jurisdiction is excluded in such matters, as the legislature intended for disputes affecting the result of an election to be resolved expeditiously and exclusively through the mechanisms provided in section 65. The relief sought by the appellants was material to the declared result, and therefore the High...

Citation
[2002] ZASCA 106
Parties
Appellant: Zoleka Mketsu & Others; Respondent: African National Congress & Others
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
13 September 2002
Case Number
315/2001
Procedural Posture
Civil Appeal / Appeal From Eastern Cape High Court
Outcome
Appeal dismissed with costs, including costs occasioned by the employment of two counsel.
Judges
Vivier, Olivier, Scott, Cameron, Brand
Legal Topics
Municipal Elections, Jurisdiction of High Court, Electoral Disputes, Mandatory Statutory Procedure
Administrative Law Civil Procedure Municipal Elections Jurisdiction of High Court Electoral Disputes Mandatory Statutory Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Zoleka Mketsu & Others

Appellant

African National Congress & Others

Respondent

Procedural Posture

Civil Appeal / Appeal From Eastern Cape High Court

Legal Issues

  1. 1 Whether section 65 of the Municipal Electoral Act 27 of 2000 prescribes a mandatory procedure for objections material to the declared result of an election.
  2. 2 Whether the High Court retains inherent jurisdiction to entertain objections concerning the declared result of municipal elections.
  3. 3 Whether the relief sought by the appellants falls within the ambit of section 65 and thus excludes High Court jurisdiction.

Ratio Decidendi

The Supreme Court of Appeal held that section 65 of the Municipal Electoral Act 27 of 2000 prescribes a mandatory procedure for objections concerning any aspect of an election that is material to the declared result. The procedure requires objections to be lodged with the Electoral Commission within strict time limits, with appeals lying to the Electoral Court. The High Court's inherent jurisdiction is excluded in such matters, as the legislature intended for disputes affecting the result of an election to be resolved expeditiously and exclusively through the mechanisms provided in section 65. The relief sought by the appellants was material to the declared result, and therefore the High...

Court Disposition

Appeal dismissed with costs, including costs occasioned by the employment of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs occasioned by the employment of two counsel.