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South Africa Case Law

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Constitutional Law [2025] ZAEC 1

African Transformation Movement v Electoral Commission of South Africa and Others (0035/2024EC)

African Transformation Movement v Electoral Commission of South Africa and Others (0035/2024EC) [2025] ZAEC 1 (14 January 2025)

The application was dismissed because the applicant failed to provide credible evidence of any material irregularities affecting the outcome of the 2024 National and Provincial Elections. The allegations were vague, unsubstantiated, and based on hearsay. The applicant did not comply with the procedural requirements for lodging objections under section 55 of the Electoral Act, nor did it exhaust the prescribed mechanisms before approaching the Electoral Court. Furthermore, the necessary parties were not properly joined, and the relief sought regarding the constitutional invalidity of section 2…

  • Electoral Act Objections
  • Free And Fair Elections
  • Jurisdiction Of Electoral Court
  • Procedural Non Compliance
  • Constitutional Invalidity
  • Joinder Of Parties
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Constitutional Law [2024] ZACC 6

Electoral Commission of South Africa v Umkhonto Wesizwe Political Party and Others (CCT 97/24)

Electoral Commission of South Africa v Umkhonto Wesizwe Political Party and Others (CCT 97/24) [2024] ZACC 6; 2024 (7) BCLR 869 (CC) (20 May 2024)

Section 47(1)(e) of the Constitution applies to anyone convicted and sentenced to more than 12 months' imprisonment, regardless of whether the conviction and sentence are appealable. The proviso in section 47(1)(e) is a timing mechanism, suspending the disqualification only until all appeals are exhausted or the time for appeal has expired. Where the Constitutional Court acts as a court of first and last instance, its decisions are final and immune from appeal, and the disqualification applies immediately. Remission of sentence by the President does not alter the original sentence imposed by…

  • Eligibility For Public Office
  • Interpretation Of Section 47 1 E
  • Remission Of Sentence
  • Electoral Act Objections
  • Recusal Of Judges
  • Reasonable Apprehension Of Bias
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