South Africa Case Law

Democratic Alliance v Ramaphosa and Others (0027/2024EC)

Democratic Alliance v Ramaphosa and Others (0027/2024EC) [2024] ZAEC 24 (21 October 2024)

Court

Electoral Court

Case number

0027/2024EC

Judges

Zondi, Adams, Yacoob

The Court held that the President's address did not contravene item 9(2)(e) of the Electoral Code or section 87(1)(g) of the Electoral Act. The address, viewed objectively, was intended to inform the nation about election readiness and encourage democratic participation, not to campaign for the ANC or influence voters unlawfully. The Court found that a restrictive interpretation of the Code and Act, as urged by the DA, would unduly inhibit the President's constitutional obligations and citizens' rights to receive information. The President did not misuse public funds or abuse his position to…

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• Electoral Code Of Conduct
• Abuse Of Power
• Undue Influence
• Presidential Powers
• Free And Fair Elections

Afrikaans Kleurling Bewstheids Party (AKBP) and Another v IEC and Others (001/22EC)

Afrikaans Kleurling Bewstheids Party (AKBP) and Another v IEC and Others (001/22EC) [2022] ZAEC 5 (29 March 2022)

Court

Electoral Court

Case number

001/22EC

Judges

MBHA, MODIBA, SHONGWE, MS PATHER, PROFESSOR NTLAMA-MAKHANYA

The application was dismissed on multiple fatal defects. The applicant lacked standing, having not complied with statutory requirements to contest the election or lodge objections in its own name. The relief sought was incoherent, incompetent, and beyond the powers of the Electoral Court, which cannot dissolve municipal councils. There was a failure to join parties with a substantial interest, including the councils and political parties in their legal capacities. The applicant did not dispute the IEC's version of events, and no material irregularity affecting the election outcome was establi…

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• Municipal Elections
• Electoral Code Of Conduct
• Party List Requirements
• Joinder Of Parties
• Judicial Review Of Electoral Decisions

Kortman and Another v Electoral Commission of South Africa and Others (009/21 EC)

Kortman and Another v Electoral Commission of South Africa and Others (009/21 EC) [2022] ZAEC 3 (21 February 2022)

Court

Electoral Court

Case number

009/21 EC

Judges

Mbha JA, Shongwe AJ, Ms Pather

The court found that the objective and uncontroverted facts established a chaotic and dangerous environment at the Nkosiyakhe voting station, including intimidation, unlawful campaigning, and burning of tyres. These circumstances were not conducive to a free and fair election, as required by the Constitution and the Municipal Electoral Act. The Commission failed to adequately address or dispute the material allegations, and the ANC respondents did not answer the serious accusations. The court held that even a single act of intimidation undermines the integrity of the electoral process in a co…

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• Municipal Elections
• Free And Fair Elections
• Electoral Code Of Conduct
• Section 65 Objection
• Intimidation Of Voters

Electoral Commission of South Africa v Democratic Alliance and Others (1068/2019)

Electoral Commission of South Africa v Democratic Alliance and Others (1068/2019) [2021] ZASCA 103; 2021 (5) SA 476 (SCA); [2021] 4 All SA 52 (SCA) (23 July 2021)

Court

Supreme Court of Appeal

Case number

1068/2019

Judges

Maya, Zondi, Schippers, Goosen, Sutherland

The Supreme Court of Appeal held that the Electoral Commission does not have the statutory power to adjudicate complaints regarding breaches of the Electoral Code of Conduct or to impose sanctions for such breaches. The relevant statutes—Electoral Commission Act and Electoral Act—reserve the power to adjudicate and sanction contraventions of the Code for courts designated under section 20(4) of the Electoral Commission Act. The Commission's role is limited to investigating complaints and attempting conciliation under section 103A of the Electoral Act. The complaint regarding false or defamato…

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• Electoral Code Of Conduct
• Jurisdiction Of Electoral Commission
• Freedom Of Expression
• Administrative Powers
• Remedies For Code Breach

Democratic Alliance v Electoral Commission of South Africa and Others (007/2019)

Democratic Alliance v Electoral Commission of South Africa and Others (007/2019) [2019] ZAEC 2 (19 June 2019)

Court

Electoral Court

Case number

007/2019

Judges

W.L Wepener, B. Mbha, C. Lamont, Ms. S. Pather

The Electoral Commission is a creature of statute and may only exercise powers expressly conferred by national legislation. Section 5(1)(o) of the Electoral Commission Act limits the Commission's adjudicative powers to disputes of an administrative nature arising from the organisation, administration, or conducting of elections. The dispute regarding the statement about Ms. De Lille does not concern the mechanics or conduct of the election and is not administrative in nature. The Commission's decision to adjudicate the matter and impose remedies, including a public apology, was ultra vires an…

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• Electoral Code Of Conduct
• Powers Of Statutory Bodies
• Ultra Vires
• Freedom Of Expression
• Review Of Administrative Action

Brown v Economic Freedom Fighters and Others (14686/2019)

Brown v Economic Freedom Fighters and Others (14686/2019) [2019] ZAGPJHC 166; [2019] 3 All SA 499 (GJ); 2019 (6) SA 23 (GJ) (6 June 2019)

Court

South Gauteng High Court, Johannesburg

Case number

14686/2019

Judge

F Dippenaar

The High Court found it had jurisdiction to hear the matter, as the relief sought did not fall within the exclusive jurisdiction of the Electoral Court. The respondents, as a political party and its leader, are expressly bound by the Electoral Code of Conduct and failed to comply with their obligations to instruct and take reasonable steps to ensure their supporters did not harass, intimidate, or threaten the applicant, a female journalist. The respondents' conduct, including their refusal to intervene and their public statements, fell short of what was required by the Code, particularly rega…

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• Electoral Code Of Conduct
• Media Freedom
• Gender Rights
• Harassment And Intimidation
• Declaratory Relief
• Jurisdiction Of High Court

Democratic Alliance v African National Congress and Another (CCT 76/14)

Democratic Alliance v African National Congress and Another (CCT 76/14) [2015] ZACC 1; 2015 (2) SA 232 (CC); 2015 (3) BCLR 298 (CC) (19 January 2015)

Court

Constitutional Court

Case number

CCT 76/14

Judges

Moseneke DCJ, Cameron J, Froneman J, Jafta J, Khampepe J, Leeuw AJ, Madlanga J, Nkabinde J, Van der Westhuizen J, Zondo J

The Constitutional Court held that the DA’s Nkandla SMS was comment on a public report, not false information under the Electoral Act.

• Freedom Of Expression
• Electoral Act Section 89
• Electoral Code Of Conduct
• Fair Comment
• Right To Free And Fair Elections
• Statutory Interpretation

African National Congress v Democratic Alliance and Another (11535/2014)

African National Congress v Democratic Alliance and Another (11535/2014) [2014] ZAGPJHC 58; 2014 (3) SA 608 (GJ) (4 April 2014)

Court

South Gauteng High Court, Johannesburg

Case number

11535/2014

Judge

Hellens

The court found that the SMS sent by the Democratic Alliance, stating that the Nkandla Report shows how President Zuma stole R246m to build his home, did not constitute a breach of section 89(2)(c) of the Electoral Act or item 9(1)(b)(ii) of the Electoral Code. The court held that the SMS was a form of fair comment, protected under the principles of freedom of expression and robust political debate, especially in the context of an election. The findings of the Public Protector's Nkandla Report, while not explicitly stating that President Zuma committed theft, detailed maladministration, unlaw…

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• Electoral Act Interpretation
• Freedom Of Expression
• Electoral Code Of Conduct
• Fair Comment
• Political Campaigning

Inkatha Freedom Party v Independent Electoral Commission (3/2001)

Inkatha Freedom Party v Independent Electoral Commission (3/2001) [2001] ZAEC 3 (3 October 2001)

Court

Electoral Court

Case number

3/2001

Judges

Van der Walt, Pillay, Masipa

The Electoral Court held that the IEC had to investigate an objection about voters being chased away in ward 12, but dismissed the review and appeal for ward 5.

• Municipal Elections
• Electoral Code Of Conduct
• Right To Vote
• Review Of Administrative Action
• Municipal-elections
• Electoral-objections

Pitso v Electoral Commission (1/2001)

Pitso v Electoral Commission (1/2001) [2001] ZAEC 2; [2001] 3 All SA 607 (Elect Ct) (6 April 2001)

Court

Electoral Court

Case number

1/2001

Judges

Smalberger, Tshabalala, Van der Walt, Pillay, Masipa

The court found that the appellant's objections, even if accepted, were not material to the declared result of the election in Ward 3. The alleged irregularities either did not affect the overall vote tally or were not substantiated with sufficient evidence to show they could have altered the outcome. The appellant failed to present the full facts, as his complaints related only to one of two voting stations, and the numbers demonstrated that he could not have won even if all spoilt ballots were counted in his favour. The court also held that the Electoral Commission should provide reasons fo…

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• Municipal Elections
• Electoral Code Of Conduct
• Material Irregularity
• Administrative Action
• Section 65 Objection