South Africa Case Law

Ramotswabodi Johannes Sesing v Electoral Commission of South Africa and Others (0033/24EC)

Ramotswabodi Johannes Sesing v Electoral Commission of South Africa and Others (0033/24EC) [2024] ZAEC 28 (29 October 2024)

Court

Electoral Court

Case number

0033/24EC

Judges

Modiba, Steyn, Professor Phooko

The application was dismissed because it was filed late without condonation, and the applicant failed to show good cause for the delay. The relief sought was moot as the elections had concluded and the applicant did not secure enough votes for a seat. The Electoral Court lacks jurisdiction over broadcasting and media access issues, and the President, a necessary party, was not joined. The applicant did not substantiate claims of constitutional or electoral rights violations, nor did he demonstrate exceptional circumstances warranting deviation from the legislated seat allocation formula. The…

Source excerpt

• Electoral Dispute
• Allocation Of Seats
• Independent Candidates
• Condonation
• Media Access
• Joinder

Northern Cape Communities Movement v Electoral Commission of South Africa and Other (0029/24EC)

Northern Cape Communities Movement v Electoral Commission of South Africa and Other (0029/24EC) [2024] ZAEC 22 (3 July 2024)

Court

Electoral Court

Case number

0029/24EC

Judges

Zondi JA, Steyn AJ, Yacoob AJ, Ntlama-Makhanya, Phooko

The Electoral Court dismissed an urgent challenge to Schedule 1A of the Electoral Act, holding that the complaint fell outside section 55 and beyond its jurisdiction.

• Electoral Act Section 55
• Allocation Of Seats
• Jurisdiction Of Electoral Court
• Schedule 1a Constitutionality
• Electoral-act-section-55
• Electoral-court-jurisdiction

African Christian Democratic Party v Chairperson, Independent Electoral Commission and Anoter (4/2004)

African Christian Democratic Party v Chairperson, Independent Electoral Commission and Anoter (4/2004) [2004] ZAEC 2 (11 June 2004)

Court

Electoral Court

Case number

4/2004

Judges

Mthiyane JA, Pillay J, Masipa J, S Moodley, S Abro

The Electoral Court found that it possesses jurisdiction to review and correct errors in declared election results beyond the objection window prescribed in section 55 of the Electoral Act, by virtue of its powers under section 20 of the Electoral Commissions Act. The applicant demonstrated good cause for condonation, having acted promptly upon discovering the error. The evidence, including the presiding officer's admission and comparative voting patterns in adjacent districts, established that an administrative error occurred, materially affecting the allocation of seats. The Court held that…

Source excerpt

• Electoral Review
• Condonation Of Late Objection
• Allocation Of Seats
• Administrative Error
• Free And Fair Elections