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South Africa Case Law

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Constitutional Law [2024] ZAEC 16

Liebenberg v Electoral Commission of South Africa (0023/24EC)

Liebenberg v Electoral Commission of South Africa (0023/24EC) [2024] ZAEC 16 (20 May 2024)

Court
Electoral Court
Case number
0023/24EC
Judges
Adams, Modiba, Yacoob, Phooko

The applicant failed to submit the required number of verified voter supporter signatures for the Limpopo and Mpumalanga regions by the statutory deadline, as mandated by section 31B(3)(a)(i) of the Electoral Act and regulation 2A. The Commission's audit and verification process demonstrated that the applicant's lists fell short of the 1000 signature requirement in both regions. The disqualification occurred by operation of law, not by administrative decision, and section 31C does not empower the Commission to condone or rectify such non-compliance. The applicant's factual denials were unsubs…

Source excerpt

  • Electoral Act Compliance
  • Candidate Nomination Requirements
  • Judicial Review Of Administrative Action
  • Operation Of Electoral Timetable
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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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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.