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South Africa Case Law

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Administrative Law [2024] ZAEC 14

Cape Independent Party v Electoral Commission of South Africa (0013/24EC)

Cape Independent Party v Electoral Commission of South Africa (0013/24EC) [2024] ZAEC 14 (13 May 2024)

Court
Electoral Court
Case number
0013/24EC
Judges
Zondi JA, Shongwe AJ, Adams AJ, Professor Ntlama-Makhanya, Professor Phooko

The applicant failed to comply with the peremptory requirements of section 27(2)(cB) of the Electoral Act by not submitting the requisite number of voter supporters via the prescribed online portal by the statutory deadline. The Electoral Commission has no discretion to condone such non-compliance, as the statutory framework is designed to ensure fairness, integrity, and equal treatment in the electoral process. The applicant's attempt to submit the balance of supporters by email did not satisfy the prescribed manner, and the Commission was under no obligation to accept or warn of non-complia…

Source excerpt

  • Electoral Act Section 27
  • Candidate Nomination Requirements
  • Operation Of Law Disqualification
  • Bill Of Rights Political Rights
  • Administrative Deadlines
  • Judicial Review
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Administrative Law [2024] ZAEC 4

Labour Party of South Africa and Others v Electoral Commission of South Africa and Others (008/2024EC; 012/2024EC; 011/2024EC; 009/2023EC; 010/2024EC)

Labour Party of South Africa and Others v Electoral Commission of South Africa and Others (008/2024EC; 012/2024EC; 011/2024EC; 009/2023EC; 010/2024EC) [2024] ZAEC 4 (9 March 2024)

Court
Electoral Court
Case number
008/2024EC; 012/2024EC; 011/2024EC; 009/2023EC; 010/2024EC
Judges
Zondi JA, Shongwe AJ, Adams AJ, Prof Phooko, Prof Ntlama-Makhanya

The Court held that the applicants failed to comply with the election timetable due to their own lack of preparedness and tardiness, not because of any dysfunctionality in the Commission's Online Candidate Nomination System. The evidence showed that the majority of parties and independent candidates were able to use the OCNS successfully and meet the deadlines. Strict enforcement of the timetable is necessary to maintain the integrity and fairness of the electoral process, and ad hoc condonation would undermine the perception of even-handedness. The applicants' exclusion does not render the e…

Source excerpt

  • Electoral Act Section 20
  • Election Timetable
  • Candidate Nomination
  • Digital Access And Literacy
  • Bill Of Rights Political Rights
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.