South Africa Case Law

R Februarie v A Phillips and Others (0037/2024EC)

R Februarie v A Phillips and Others (0037/2024EC) [2024] ZAEC 25 (24 October 2024)

Court

Electoral Court

Case number

0037/2024EC

Judges

Zondi, Mhlambi, Professor Phooko

The application was dismissed because the applicant sought to relitigate issues already decided by the Electoral Court and the High Court. The court found that the first district management structure was authorised to continue until the next election, as previously ruled, and that the applicant's interpretation of the constitution was incorrect. The indefinite postponement of the conference was due to financial constraints and alleged misconduct, not an unconstitutional limitation of rights. The applicant failed to join the bank (FNB) as a party, rendering the relief sought regarding bank acc…

Source excerpt

• Political Party Membership Dispute
• Section 19 Rights
• Electoral Commission Act
• Internal Party Governance

Khumalo v Independent Electoral Commission of South Africa (0025/24EC)

Khumalo v Independent Electoral Commission of South Africa (0025/24EC) [2024] ZAEC 20 (12 June 2024)

Court

Electoral Court

Case number

0025/24EC

Judges

Modiba, Adams, Yacoob

The court found that its review jurisdiction under section 20(1) of the Electoral Commission Act was properly engaged, as the Commission's determination that JK6 complied with regulation 9 constituted a reviewable decision relating to an electoral matter. However, the applicant, having been expelled from MKP and not challenging his expulsion, lacked locus standi to seek relief regarding MKP leadership. The application was not brought within the statutory three-day period, and the delay was unreasonable and unexplained, with no proper case for condonation. On the merits, the court accepted the…

Source excerpt

• Electoral Commission Act
• Locus Standi
• Review Jurisdiction
• Ultra Vires
• Punitive Costs
• Regulation Of Political Parties

Mxube and Others v The Electoral Commission of South Africa and Others (0012/23EC)

Mxube and Others v The Electoral Commission of South Africa and Others (0012/23EC) [2024] ZAEC 15 (13 May 2024)

Court

Electoral Court

Case number

0012/23EC

Judges

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

The Electoral Court set aside unlawful expulsions from Makana Citizens Front and related council removal steps, reinstating the applicants and restoring the party list.

• Electoral Commission Act
• Party Membership Dispute
• Unlawful Expulsion
• Review Of Administrative Action
• Municipal Council Seat Removal
• Electoral-commission-act

Februarie and Others v Phillips and Others (009/2023EC)

Februarie and Others v Phillips and Others (009/2023EC) [2024] ZAEC 2 (22 February 2024)

Court

Electoral Court

Case number

009/2023EC

Judges

Zondi JA, Shongwe AJ, Adams AJ, Professor Phooko

The Electoral Court dismissed an application over leadership of the Siyathemba Community Movement, holding the first DM had a two-year term and that SCM had been wrongly omitted as a party.

• Electoral Commission Act
• Party Membership Dispute
• Interpretation Of Constitution
• Non Joinder
• Declaratory Relief
• Political-party-leadership-dispute

Sicengu v Electoral Commission of South Africa and Others (007/2023 EC)

Sicengu v Electoral Commission of South Africa and Others (007/2023 EC) [2023] ZAEC 5 (29 September 2023)

Court

Electoral Court

Case number

007/2023 EC

Judges

Zondi JA, Modiba J, Shongwe AJ, Professor Ntlama-Makhanya, Professor Phooko

The Electoral Court dismissed an urgent application to reinstate a ward councillor, holding it lacked jurisdiction, the matter was res judicata, and the relief sought was not competent.

• Electoral Commission Act
• Jurisdiction Of Electoral Court
• Res Judicata
• Urgent Interdict
• Municipal Structures Act
• Electoral-court-jurisdiction

Sicengu v Magudumane and Another (002/2023 EC)

Sicengu v Magudumane and Another (002/2023 EC) [2023] ZAEC 2 (8 June 2023)

Court

Electoral Court

Case number

002/2023 EC

Judges

Zondi, Shongwe, Modiba, Professor Ntlama-Makhanya, Professor Phooko

The Electoral Court dismissed an urgent interdict application, holding that the relief sought fell outside its narrow statutory jurisdiction under section 20 of the Electoral Commission Act.

• Electoral Court Jurisdiction
• Interim Interdict
• Electoral Commission Act
• Party Membership Dispute
• Electoral-court-jurisdiction
• Interim-interdict

Cape Party v Electoral Commission and Another (1/09)

Cape Party v Electoral Commission and Another (1/09) [2009] ZAEC 3 (26 March 2009)

Court

Electoral Court

Case number

1/09

Judges

Mthiyane JA, Pillay, Masipa JJ, S. Moodley, S. Abro

The Electoral Court dismissed Cape Party’s appeal, holding that “CAPE” was not likely to confuse voters with “COPE” given ballot design, logos, and the reasonable voter standard.

• Electoral Commission Act
• Party Registration
• Ballot Design
• Voter Confusion
• Electoral-law
• Party-registration

African National Congress v Congress of the People (Association Inc. Under Section 21) and Others (55235/08)

African National Congress v Congress of the People (Association Inc. Under Section 21) and Others (55235/08) [2008] ZAGPHC 411 (12 December 2008)

Court

High Courts - Gauteng

Case number

55235/08

Judges

DU Plessis, BM Ngoepe, JB Shongwe

The High Court dismissed the ANC’s urgent interdict against Cope’s use of “Congress of the People”, finding no misleading misrepresentation or unlawful competition.

• Unlawful Competition
• Misrepresentation
• Political Party Registration
• Electoral Commission Act
• Unlawful-competition
• Political-party-registration