Giving Foundation NPC v Electoral Commission of South Africa and Others (0026/2024EC, 0026A/2024EC) [2024] ZAEC 21 (3 July 2024)

Giving Foundation NPC v Electoral Commission of South Africa and Others (0026/2024EC, 0026A/2024EC) [2024] ZAEC 21 (3 July 2024)

The applications are dismissed because the Electoral Court lacks jurisdiction to determine the validity of the Proclamation of election dates, which is the prerogative of the President and subject to review only by the Constitutional Court. The conduct complained of by the applicant is consistent with the Electoral Act and Regulations, which explicitly provide for special votes and voting at foreign missions on dates other than the proclaimed election day. The applicant failed to challenge the constitutionality of the Act, rendering its constitutional arguments procedurally defective. Both applications are out of time and lack urgency, as they were brought months after the relevant...

Citation
[2024] ZAEC 21
Parties
Applicant: Giving Foundation NPC; Respondent: Electoral Commission of South Africa; Respondent: Judicial Services Commission; Respondent: Political Liaison Committee
Court
Electoral Court
Jurisdiction
South Africa
Judgment Date
3 July 2024
Case Number
0026/2024EC, 0026A/2024EC
Procedural Posture
Review Application / Judgment on Review and Urgent Application
Outcome
Applications dismissed with costs.
Judges
Zondi JA, Adams AJ, Yacoob AJ, Ntlama-Makhanya, Phooko
Legal Topics
Electoral Act, Constitutional Subsidiarity, Jurisdiction, Urgency, Non Joinder
Constitutional Law Civil Procedure Electoral Act Constitutional Subsidiarity Jurisdiction Urgency Non Joinder

Case Brief

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Parties

Giving Foundation NPC

Applicant

Electoral Commission of South Africa

Respondent

Judicial Services Commission

Respondent

Political Liaison Committee

Respondent

Procedural Posture

Review Application / Judgment on Review and Urgent Application

Legal Issues

  1. 1 Whether the Electoral Court has jurisdiction to review the validity of the Proclamation of election dates.
  2. 2 Whether the applications are urgent and comply with procedural requirements.
  3. 3 Whether the relief sought regarding voting on unproclaimed days and election of office bearers is competent.

Ratio Decidendi

The applications are dismissed because the Electoral Court lacks jurisdiction to determine the validity of the Proclamation of election dates, which is the prerogative of the President and subject to review only by the Constitutional Court. The conduct complained of by the applicant is consistent with the Electoral Act and Regulations, which explicitly provide for special votes and voting at foreign missions on dates other than the proclaimed election day. The applicant failed to challenge the constitutionality of the Act, rendering its constitutional arguments procedurally defective. Both applications are out of time and lack urgency, as they were brought months after the relevant...

Court Disposition

Applications dismissed with costs.

Orders

  • The applications are dismissed with costs.