Democratic Alliance and Another v African National Congress and Another (001/15 EC)
Democratic Alliance and Another v African National Congress and Another (001/15 EC) [2015] ZAEC 1 (5 March 2015)
The court held that the ANC's late submission of the deposit cheque, by a matter of minutes, did not constitute a fatal flaw justifying exclusion of its candidate from the by-election. The court found that there was substantial compliance with the requirements of the Local Government: Municipal Electoral Act, and that the ANC's conduct demonstrated a serious intention to participate. The court adopted a purposive and flexible approach to the interpretation of electoral time-tables, guided by constitutional values that encourage participation in democratic elections. The court rejected the DA'…
Source excerpt
- Substantial Compliance
- Electoral Procedure
- Purposive Interpretation
- Participation In Elections
- Cut Off Time
- Judicial Review