South Africa Case Law

Operation Dudula v Electoral Commission of South Africa and Another (0017/24EC)

Operation Dudula v Electoral Commission of South Africa and Another (0017/24EC) [2024] ZAEC 9 (8 May 2024)

Court

Electoral Court

Case number

0017/24EC

Judges

R Phooko, D H Zondi, Z J Shongwe, L R Adams, N Ntlama-Makhanya

The court found no evidence that the Commission's online portal malfunctioned on the relevant date. The applicant failed to select the necessary options to contest the National Assembly and only raised issues with the portal close to the deadline. The Commission's evidence was accepted as credible and not disputed by the applicant. The election timetable is critical for the orderly conduct of elections, and the Commission's insistence on compliance is rational and lawful. The applicant's failure to comply with the prescribed procedures and deadlines is attributable to its own conduct. The app…

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• Election Timetable
• Candidate Nomination
• Condonation
• Bill Of Rights Limitation

Arise South Africa v Electoral Commission of South Africa; Independent South African National Civic Organisation v Electoral Commission of South Africa (014-2024EC; 020-2024EC)

Arise South Africa v Electoral Commission of South Africa; Independent South African National Civic Organisation v Electoral Commission of South Africa (014-2024EC; 020-2024EC) [2024] ZAEC 8 (6 May 2024)

Court

Electoral Court

Case number

014-2024EC; 020-2024EC

Judges

Zondi JA, Shongwe AJ, Adams AJ, Phooko, Ntlama-Makhanya

The court found that both ASA and ISANCO failed to comply with the peremptory requirements of the Electoral Act for contesting the 2024 elections. ASA did not submit the required regional candidate lists, and ISANCO failed to meet the quota of verified supporters' signatures for certain regions and provinces. The Commission's evidence, including audit trails and system verification, was accepted as more probable than the applicants' unsubstantiated claims. Disqualification occurred by operation of law, not by administrative decision, and section 28 of the Electoral Act did not grant the Commi…

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• Electoral Act Compliance
• Candidate Nomination
• Supporters List Quota
• Operation Of Law Disqualification
• Plascon Evans Principle

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…

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

Nyaku v The Electoral Commission of South Africa-Chief Electoral Officer and Others (007/21)

Nyaku v The Electoral Commission of South Africa-Chief Electoral Officer and Others (007/21) [2021] ZAEC 2 (22 October 2021)

Court

Electoral Court

Case number

007/21

Judges

Mbha, Shongwe, Moshidi, Ms Pather

The Electoral Court held that an independent candidate’s nomination was invalid where supporting voter signatures were submitted after the election timetable deadline.

• Municipal Electoral Act
• Election Timetable Compliance
• Candidate Nomination
• Condonation
• Postponement Of Election
• Election-timetable-compliance