South Africa Case Law

Defenders of the People and Another v Electoral Commission of South Africa and Another (0016/24EC)

Defenders of the People and Another v Electoral Commission of South Africa and Another (0016/24EC) [2024] ZAEC 10 (9 May 2024)

Court

Electoral Court

Case number

0016/24EC

Judges

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

The applicants failed to submit the required number of supporter signatures by the deadline stipulated in the election timetable, as mandated by section 27(2)(cB) of the Electoral Act. The evidence showed that the applicants' submissions fell short of the 15% quota required for the relevant regions and provincial legislature. The Electoral Commission's exclusion of the applicants was not based on discretion but was a consequence of statutory non-compliance. The applicants' objection did not fall within the scope of section 30 of the Electoral Act, as it did not concern nomination of candidate…

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• Electoral Act Compliance
• Election Timetable
• Procedural Fairness
• Irrationality Review
• Political Participation Rights

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

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

National Freedom Party v Electoral Commission and Another (006/2016 EC)

National Freedom Party v Electoral Commission and Another (006/2016 EC) [2016] ZAEC 2 (5 July 2016)

Court

Electoral Court

Case number

006/2016 EC

Judges

Shongwe, Moshidi, Wepener, Mthembu, Pather

The Electoral Court dismissed the National Freedom Party’s urgent application, holding there was no power to condone late payment of election deposits or amend the timetable for one party.

• Municipal Elections
• Election Timetable
• Condonation
• Free And Fair Elections
• Review Of Administrative Action
• Municipal-elections