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South Africa Case Law

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Administrative Law [2022] ZAEC 7

Siyabathemba Community Movement v The IEC and Others (005/22EC)

Siyabathemba Community Movement v The IEC and Others (005/22EC) [2022] ZAEC 7 (22 April 2022)

The Electoral Court dismissed a review over party expulsions and a refused party-list amendment, finding lack of standing, lis alibi pendens, and no Commission mandate to вмешene in the internal dispute.

  • Electoral Commission Powers
  • Internal Party Disputes
  • Locus Standi
  • Lis Alibi Pendens
  • Misjoinder
  • Municipal Structures Act
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Administrative Law [2022] ZAEC 2

Action SA v The Electoral Commission of South Africa (006/2021/EC)

Action SA v The Electoral Commission of South Africa (006/2021/EC) [2022] ZAEC 2 (18 January 2022)

The majority held that the Electoral Commission acted lawfully and constitutionally in excluding Action SA's name from the ward ballot paper, as the applicant had not registered an abbreviated name as required for inclusion in the relevant section of the ballot. The Commission's powers under section 23 of the Municipal Electoral Act were exercised properly, and its approach was consistent with statutory requirements and the need for fairness among all political parties. The applicant's failure to register an abbreviation was a self-created problem, and the Commission could not unilaterally as…

  • Electoral Commission Powers
  • Ballot Paper Design
  • Political Rights
  • Promotion Of Administrative Justice Act
  • Statutory Interpretation
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Administrative Law [2008] ZAEC 1

African National Congress v Electoral Commission and Others (001/2008)

African National Congress v Electoral Commission and Others (001/2008) [2008] ZAEC 1 (9 December 2008)

The applicant failed to comply with the mandatory requirements of section 17 of the Municipal Electoral Act and the published election timetable, specifically regarding the timely submission of nomination forms, certified identity documents, and payment of deposits. The Act does not empower the Commission to condone non-compliance with these requirements. The court found that the cut-off provisions are peremptory and must be strictly adhered to, and that the Commission's local representatives had no discretion to accept late submissions. The applicant's case was dismissed on the basis of non-…

  • Municipal Elections
  • Nomination Deadlines
  • Statutory Compliance
  • Electoral Commission Powers
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.