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South Africa Case Law

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Constitutional Law [2024] ZAEC 28

Ramotswabodi Johannes Sesing v Electoral Commission of South Africa and Others (0033/24EC)

Ramotswabodi Johannes Sesing v Electoral Commission of South Africa and Others (0033/24EC) [2024] ZAEC 28 (29 October 2024)

Court
Electoral Court
Case number
0033/24EC
Judges
Modiba, Steyn, Professor Phooko

The application was dismissed because it was filed late without condonation, and the applicant failed to show good cause for the delay. The relief sought was moot as the elections had concluded and the applicant did not secure enough votes for a seat. The Electoral Court lacks jurisdiction over broadcasting and media access issues, and the President, a necessary party, was not joined. The applicant did not substantiate claims of constitutional or electoral rights violations, nor did he demonstrate exceptional circumstances warranting deviation from the legislated seat allocation formula. The…

Source excerpt

  • Electoral Dispute
  • Allocation Of Seats
  • Independent Candidates
  • Condonation
  • Media Access
  • Joinder
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Administrative Law [2022] ZAEC 10

Academic Congress Union v Independent Electoral Commission (006/2022EC)

Academic Congress Union v Independent Electoral Commission (006/2022EC) [2022] ZAEC 10 (6 July 2022)

Court
Electoral Court
Case number
006/2022EC
Judges
Mbha JA, Modiba J, Shongwe JA, Professor Ntlama-Makhanya

The application was dismissed because the applicant failed to comply with statutory requirements for lodging objections to election results, specifically the time frames and formal procedures set out in section 65 of the Municipal Electoral Act. The applicant did not join other interested parties, such as competing political parties and the municipality, who had a direct interest in the outcome. No formal objection was lodged with the IEC, and there was no evidence of any investigation or determination by the IEC regarding the alleged irregularities. The applicant did not provide sufficient e…

Source excerpt

  • Electoral Dispute
  • Non Joinder
  • Time Barred Application
  • Review Of Electoral Process
  • Municipal Elections
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Administrative Law [2016] ZAEC 5

Mwali v Electoral Commission of South Africa and Another (019/2016)

Mwali v Electoral Commission of South Africa and Another (019/2016) [2016] ZAEC 5 (22 November 2016)

Court
Electoral Court
Case number
019/2016
Judges
Wepener, Mthembu, Pather

The Electoral Commission failed to conduct a proper and thorough investigation into the applicant's objection regarding irregular voter registrations in ward 23. Both the initial and subsequent investigations were inadequate, with the Commission disregarding critical evidence and failing to engage meaningfully with the applicant. The uncontested evidence established that over six hundred voters registered outside ward 23 were permitted to vote in that ward, while legitimate ward 23 voters were excluded. This systemic failure breached the constitutional requirement for free and fair elections…

Source excerpt

  • Electoral Dispute
  • Review Of Administrative Action
  • Free And Fair Elections
  • Voters Roll Irregularities
  • Municipal Elections
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.