Electoral Commission of South Africa and Another v Speaker of the uMhlathuze Local Council and Others (10/2022 EC)
Electoral Commission of South Africa and Another v Speaker of the uMhlathuze Local Council and Others (10/2022 EC) [2022] ZAEC 11; [2023] 1 All SA 386 (Elect Ct) (1 December 2022)
The Electoral Court found that the delay in bringing the review application was unreasonable but, in the interests of justice and legal certainty, condoned the delay. The Court interpreted item 20 of Schedule 2 to the Local Government: Municipal Structures Act to mean that only seats proportionally allocated according to votes cast should be filled, and any remaining seats should remain unallocated if not supported by sufficient votes. The allocation of the three additional seats to the eighth, ninth, and tenth respondents was unlawful, unconstitutional, and invalid. The Court set aside their…
Source excerpt
- Principle Of Legality Review
- Delay And Condonation
- Non Joinder
- Local Government Structures Act
- Allocation Of Council Seats
- Just And Equitable Remedy