South Africa Case Law

Giving Foundation NPC v Electoral Commission of South Africa and Others (0026/2024EC, 0026A/2024EC)

Giving Foundation NPC v Electoral Commission of South Africa and Others (0026/2024EC, 0026A/2024EC) [2024] ZAEC 21 (3 July 2024)

Court

Electoral Court

Case number

0026/2024EC, 0026A/2024EC

Judges

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

The applications are dismissed because the Electoral Court lacks jurisdiction to determine the validity of the Proclamation of election dates, which is the prerogative of the President and subject to review only by the Constitutional Court. The conduct complained of by the applicant is consistent with the Electoral Act and Regulations, which explicitly provide for special votes and voting at foreign missions on dates other than the proclaimed election day. The applicant failed to challenge the constitutionality of the Act, rendering its constitutional arguments procedurally defective. Both ap…

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• Electoral Act
• Constitutional Subsidiarity
• Jurisdiction
• Urgency
• Non Joinder

One Movement South Africa NPC v President of the Republic of South Africa and Others (CCT 158/23)

One Movement South Africa NPC v President of the Republic of South Africa and Others (CCT 158/23) [2023] ZACC 42; 2024 (3) BCLR 364 (CC); 2024 (2) SA 148 (CC) (4 December 2023)

Court

Constitutional Court

Case number

CCT 158/23

Judges

Zondo, Maya, Kollapen, Mathopo, Mhlantla, Rogers, Schippers, Theron, Van Zyl

The Constitutional Court struck down the independent-candidate signature threshold in section 31B(3), suspended invalidity for 24 months, and dismissed the recalculation challenge.

• Electoral Act
• Political Rights
• Limitation Of Rights
• Proportional Representation
• Freedom Of Association
• Constitutional Invalidity

Economic Freedom Fighters v President of the Republic of South Africa and Others (16247/14)

Economic Freedom Fighters v President of the Republic of South Africa and Others (16247/14) [2014] ZAGPPHC 109 (11 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

16247/14

Judge

T J Raulinga

The court found that the applicant failed to establish urgency, as it had sufficient time to bring the application after registration and publication of the deposit requirement. The applicant did not provide sufficient evidence of irreparable harm or substantiate the alleged prejudice to its members and supporters. The balance of convenience favoured the third respondent, as granting interim relief would disrupt the election timetable and administrative processes. The applicant also failed to comply with procedural requirements, including proper authorization for the deponent. The deposit req…

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• Electoral Act
• Interim Interdict
• Urgency
• Deposit Requirement
• Right To Stand For Election
• Constitutional Challenge

Richter v The Minister for Home Affairs and Others (with the Democratic Alliance and Others Intervening, and with Afriforum and Another as Amici Curiae) (CCT03/09, CCT 09/09)

Richter v The Minister for Home Affairs and Others (with the Democratic Alliance and Others Intervening, and with Afriforum and Another as Amici Curiae) (CCT03/09, CCT 09/09) [2009] ZACC 3; 2009 (3) SA 615 (CC) ; 2009 (5) BCLR 448 (CC) (12 March 2009)

Court

Constitutional Court

Case number

CCT 03/09; CCT 09/09

Judges

O'Regan J, Langa CJ, Moseneke DCJ, Cameron J, Mokgoro J, Ngcobo J, Nkabinde J, Sachs J, Skweyiya J, Yacoob J

The Constitutional Court struck down restrictive absentee-voting categories, but upheld the 15-day notice period for special votes before the 2009 election.

• Right To Vote
• Electoral Act
• Special Votes
• Constitutional Limitation
• Equality
• Judicial Review