National Democratic Convention and Another v Electoral Commission and Others (EC011/06) [2006] ZAEC 1 (7 July 2006)

National Democratic Convention and Another v Electoral Commission and Others (EC011/06) [2006] ZAEC 1 (7 July 2006)

The Electoral Court held that section 65(2) of the Municipal Electoral Act clearly empowers the Electoral Commission to condone late objections where good cause is shown. The evidence demonstrated that the error in vote recording was discovered only after the results were handed over, and the objection was lodged promptly thereafter. The Commission investigated the matter and found the explanation for the discrepancy plausible. There was no remissness on the part of the objecting party or the Commission. The Court found that condonation was properly granted and that the Commission exercised its discretion appropriately. The appeal was dismissed as the appellants failed to show that the...

Citation
[2006] ZAEC 1
Parties
Appellant: National Democratic Convention; Appellant: Chris van der Heyde; Respondent: Electoral Commission; Respondent: Christian Democratic Party; Respondent: City of Tshwane Metropolitan Council; Respondent: African National Congress
Court
Electoral Court
Jurisdiction
South Africa
Judgment Date
7 July 2006
Case Number
EC011/06
Procedural Posture
Civil Appeal / Appeal From Decision of Electoral Commission Under S 65 of the Municipal Electoral Act
Outcome
Appeal dismissed.
Judges
Mthiyane JA, Pillay J, Masipa J, Ms S Moodley, Ms S W Abro
Legal Topics
Municipal Elections, Condonation of Late Objection, Good Cause Requirement, Electoral Dispute Resolution
Administrative Law Civil Procedure Municipal Elections Condonation of Late Objection Good Cause Requirement Electoral Dispute Resolution

Case Brief

Summary, issues, holding and outcome

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Parties

National Democratic Convention

Appellant

Chris van der Heyde

Appellant

Electoral Commission

Respondent

Christian Democratic Party

Respondent

City of Tshwane Metropolitan Council

Respondent

African National Congress

Respondent

Procedural Posture

Civil Appeal / Appeal From Decision of Electoral Commission Under S 65 of the Municipal Electoral Act

Legal Issues

  1. 1 Whether the Electoral Commission was competent to condone the late filing of the objection under section 65 of the Municipal Electoral Act.
  2. 2 Whether good cause was shown for condonation of the late objection.
  3. 3 Whether the decision to amend the declared result of the election was lawful.

Ratio Decidendi

The Electoral Court held that section 65(2) of the Municipal Electoral Act clearly empowers the Electoral Commission to condone late objections where good cause is shown. The evidence demonstrated that the error in vote recording was discovered only after the results were handed over, and the objection was lodged promptly thereafter. The Commission investigated the matter and found the explanation for the discrepancy plausible. There was no remissness on the part of the objecting party or the Commission. The Court found that condonation was properly granted and that the Commission exercised its discretion appropriately. The appeal was dismissed as the appellants failed to show that the...

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.