United Democratic Movement v Electoral Commission (3/2004) [2004] ZAEC 1 (21 April 2004)

United Democratic Movement v Electoral Commission (3/2004) [2004] ZAEC 1 (21 April 2004)

The court found that the late service of the objection by the CEO did not render the objection a nullity, as the relevant statutory provisions do not require service on the registered party on the same day as the objection is lodged with the Commission. The Commission was aware of the late service and took remedial steps by granting the applicant additional time to comply. No prejudice to the applicant was alleged or proved, and the Commission acted fairly and within its powers. The applicant's explanations for delay and discrepancies in its affidavits were unsatisfactory and lacked bona fides. There was no genuine dispute of fact preventing resolution on the papers. The application for...

Citation
[2004] ZAEC 1
Parties
Applicant: United Democratic Movement; Respondent: Electoral Commission
Court
Electoral Court
Jurisdiction
South Africa
Judgment Date
21 April 2004
Case Number
3/2004
Procedural Posture
Review Application / Final Judgment
Outcome
Application dismissed. No order as to costs.
Judges
Mthiyane JA, Pillay J, Masipa J, S Moodley, S Abro
Legal Topics
Electoral Act Procedure, Late Service of Objection, Review of Administrative Decision, Natural Justice, Election Timetable Compliance
Administrative Law Civil Procedure Electoral Act Procedure Late Service of Objection Review of Administrative Decision Natural Justice Election Timetable Compliance

Case Brief

Summary, issues, holding and outcome

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Parties

United Democratic Movement

Applicant

Electoral Commission

Respondent

Procedural Posture

Review Application / Final Judgment

Legal Issues

  1. 1 Whether late service of the objection by the chief electoral officer renders the Commission's decision upholding the objection subject to review.
  2. 2 Whether failure to disclose the late service to the Commission vitiates the decision.
  3. 3 Whether the applicant suffered prejudice due to the late service of the objection.

Ratio Decidendi

The court found that the late service of the objection by the CEO did not render the objection a nullity, as the relevant statutory provisions do not require service on the registered party on the same day as the objection is lodged with the Commission. The Commission was aware of the late service and took remedial steps by granting the applicant additional time to comply. No prejudice to the applicant was alleged or proved, and the Commission acted fairly and within its powers. The applicant's explanations for delay and discrepancies in its affidavits were unsatisfactory and lacked bona fides. There was no genuine dispute of fact preventing resolution on the papers. The application for...

Court Disposition

Application dismissed. No order as to costs.

Orders

  • The application is dismissed.
  • No order is made as to costs.