South Africa Case Law

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…

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

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

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

Electoral Commission of South Africa v Speaker of the National Assembly and Others (CCT55/16)

Electoral Commission of South Africa v Speaker of the National Assembly and Others (CCT55/16) [2018] ZACC 46; 2019 (3) BCLR 289 (CC) (22 November 2018)

Court

Constitutional Court

Case number

CCT 55/16

Judges

Basson AJ, Cameron J, Dlodlo AJ, Froneman J, Goliath AJ, Khampepe J, Mhlantla J, Petse AJ, Theron J

The majority held that it is just and equitable to grant a further extension of the suspension of invalidity regarding the voters’ roll addresses until 30 November 2019, subject to strict conditions. The Electoral Commission must furnish periodic reports detailing progress in obtaining addresses, clearly indicate voters with incomplete or missing addresses, require such voters to supply addresses before voting, and enable political parties to scrutinise these details. Any party may approach the Court for further relief if necessary. The extension is justified by the practical difficulties in…

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• Just And Equitable Remedy
• Suspension Of Invalidity
• Electoral Act Compliance
• Voters Roll Addresses
• Free And Fair Elections

Lotter v Electoral Commission and Others (006/2014)

Lotter v Electoral Commission and Others (006/2014) [2014] ZAEC 3 (19 May 2014)

Court

Electoral Court

Case number

006/2014

Judges

Shongwe JA, Moshidi J, Wepener J

Urgent challenge to the IEC election process was dismissed for lack of urgency, insufficient basis to remove commissioners, and failure to meet statutory requirements.

• Removal Of Electoral Commissioners
• Voters Roll Objections
• Postponement Of Elections
• Electoral Act Compliance
• Electoral-law
• Voters-roll-objections

African National Congress v Electoral Commission and Others (03/2009)

African National Congress v Electoral Commission and Others (03/2009) [2009] ZAEC 6 (4 April 2009)

Court

Electoral Court

Case number

03/2009

Judge

Mthiyane JA

The Electoral Court refused condonation for a late application for leave to appeal, finding no proper lodging, no adequate explanation for delay, and no prospects of success.

• Condonation
• Leave To Appeal
• Electoral Act Compliance
• Nomination Objection
• Leave-to-appeal
• Electoral-act

Liberal Party v The Electoral Commission and Others (CCT 10/04)

Liberal Party v The Electoral Commission and Others (CCT 10/04) [2004] ZACC 1; 2004 (8) BCLR 810 (CC) (5 April 2004)

Court

Constitutional Court

Case number

CCT 10/04

Judges

Chaskalson, Madala, Mokgoro, Moseneke, O'Regan, Sachs, Skweyiya, Van der Westhuizen, Yacoob

The Constitutional Court dismissed the Liberal Party’s urgent bid to contest the 2004 elections after its candidates’ list was filed 21 minutes late.

• Electoral Act Compliance
• Direct Access
• Party Registration
• Equality And Non Discrimination
• Electoral-act-compliance
• Election-timetable