National Freedom Party v Electoral Commission and Another (006/2016 EC) [2016] ZAEC 2 (5 July 2016)

National Freedom Party v Electoral Commission and Another (006/2016 EC) [2016] ZAEC 2 (5 July 2016)

The Electoral Court held that there is no statutory provision enabling either the Court or the Electoral Commission to condone late payment of election deposits or to amend the election timetable for the benefit of a single party. The election timetable, once published, is binding subordinate legislation and applies equally to all participants. The applicant failed to comply with the mandatory requirements and its exclusion from the elections is a direct consequence of its own non-compliance. The Court found no reviewable decision by the Commission and no basis for granting leave to appeal or for review. The application was accordingly dismissed.

Citation
[2016] ZAEC 2
Parties
Applicant: National Freedom Party; Respondent: Electoral Commission; Appellant: Inkatha Freedom Party
Court
Electoral Court
Jurisdiction
South Africa
Judgment Date
5 July 2016
Case Number
006/2016 EC
Procedural Posture
Urgent Application / Judgment After Urgent Application for Leave to Appeal and Review
Outcome
Application dismissed with no order as to costs.
Judges
Shongwe, Moshidi, Wepener, Mthembu, Pather
Legal Topics
Municipal Elections, Election Timetable, Condonation, Free and Fair Elections, Review of Administrative Action
Administrative Law Constitutional Law Municipal Elections Election Timetable Condonation Free and Fair Elections Review of Administrative Action

Case Brief

Summary, issues, holding and outcome

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Parties

National Freedom Party

Applicant

Electoral Commission

Respondent

Inkatha Freedom Party

Appellant

Procedural Posture

Urgent Application / Judgment After Urgent Application for Leave to Appeal and Review

Legal Issues

  1. 1 Whether the Electoral Court has jurisdiction to grant condonation for late payment of election deposits under the Municipal Electoral Act.
  2. 2 Whether the Electoral Commission has the power to condone non-compliance with the election timetable.
  3. 3 Whether the exclusion of the National Freedom Party from the municipal elections due to late payment of deposits renders the elections unfair.

Ratio Decidendi

The Electoral Court held that there is no statutory provision enabling either the Court or the Electoral Commission to condone late payment of election deposits or to amend the election timetable for the benefit of a single party. The election timetable, once published, is binding subordinate legislation and applies equally to all participants. The applicant failed to comply with the mandatory requirements and its exclusion from the elections is a direct consequence of its own non-compliance. The Court found no reviewable decision by the Commission and no basis for granting leave to appeal or for review. The application was accordingly dismissed.

Court Disposition

Application dismissed with no order as to costs.

Orders

  • The application is dismissed.
  • There is no order for costs.