Simelane v Independent Electoral Commission and Others (1375/21P) [2021] ZAKZPHC 70 (15 June 2021)

Simelane v Independent Electoral Commission and Others (1375/21P) [2021] ZAKZPHC 70 (15 June 2021)

The applicant failed to establish a prima facie right to the interim relief sought. Although initially nominated by the EFF and declared elected by the IEC, the EFF validly recalled his nomination within the statutory period, and the IEC's subsequent appointment was an admitted error. The Municipal Structures Act...

Source-derived case information.

Citation
[2021] ZAKZPHC 70
Parties
Applicant: Siyabonga Edmund Simelane; Respondent: Independent Electoral Commission; Respondent: Economic Freedom Fighters; Respondent: Newcastle Local Municipality; Respondent: Menziwa Jetros Ntshangase
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
15 June 2021
Case Number
1375/21P
Procedural Posture
Urgent Application / Interim Interdict Pending Review
Outcome
Application dismissed with costs.
Judges
Mossop AJ
Legal Topics
Municipal Structures Act, Interim Interdict, Party List Vacancy, Fair Administrative Action
Administrative Law Civil Procedure Municipal Structures Act Interim Interdict Party List Vacancy Fair Administrative Action

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Summary, issues, holding and outcome

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Parties

Siyabonga Edmund Simelane

Applicant

Independent Electoral Commission

Respondent

Economic Freedom Fighters

Respondent

Newcastle Local Municipality

Respondent

Menziwa Jetros Ntshangase

Respondent

Procedural Posture

Urgent Application / Interim Interdict Pending Review

Legal Issues

  1. 1 Whether the applicant established a prima facie right to interim relief pending review of the IEC's decision.
  2. 2 Whether the IEC's retraction of the applicant's appointment as councillor was lawful under the Municipal Structures Act.
  3. 3 Whether the EFF's recall of the applicant as candidate was valid and within the statutory time period.

Ratio Decidendi

The applicant failed to establish a prima facie right to the interim relief sought. Although initially nominated by the EFF and declared elected by the IEC, the EFF validly recalled his nomination within the statutory period, and the IEC's subsequent appointment was an admitted error. The Municipal Structures Act allows parties to change their candidate lists within 21 days, and the EFF's actions were within this window. The applicant's completion of the nomination document was likely unilateral and not at the EFF's insistence. The applicant's right to fair administrative action was not infringed in a manner justifying interim relief, as the recall and replacement process complied with...

Court Disposition

Application dismissed with costs.

Orders

  • Condonation is granted to the applicant and the second respondent for the late delivery of their respective practice notes and heads of argument.
  • The application is dismissed with costs.