South Africa Case Law

African Restoration Alliance v Electoral Commission of South Africa (0032/24EC)

African Restoration Alliance v Electoral Commission of South Africa (0032/24EC) [2024] ZAEC 31 (25 November 2024)

Court

Electoral Court

Case number

0032/24EC

Judges

Zondi, Adams, Mhlambi, Ntlama-Makhanya

The Electoral Court dismissed an application for condonation for a late leave-to-appeal request, finding the delay unexplained, non-joinder fatal, and no reasonable prospects of success.

• Electoral Dispute Resolution
• Condonation
• Joinder Of Interested Parties
• Free And Fair Elections
• Electoral-dispute-resolution
• Joinder-of-parties

African National Congress v Electoral Commission of South Africa and Others (001/2024EC)

African National Congress v Electoral Commission of South Africa and Others (001/2024EC) [2024] ZAEC 3 (26 March 2024)

Court

Electoral Court

Case number

001/2024EC

Judges

L T Modiba, Z J Shongwe, L R Adams, R Phooko, N Ntlama-Makhanya

The Electoral Court found that the ANC failed to provide a reasonable explanation for its delay in bringing the application and was non-suited by operation of law, having failed to object to MK's registration during the statutory objection periods. The Court held that it lacked jurisdiction to review the DCEO's decision, as the ANC did not challenge the correct decision under the Electoral Commission Act. On the merits, the Court interpreted section 15(1) of the Act to allow supplementation of an application for registration of a political party, provided the application in the prescribed man…

Source excerpt

• Registration Of Political Parties
• Judicial Review
• Legality Principle
• Electoral Dispute Resolution

Inkatha Freedom Party, Nongoma and Another v Electoral Commission and Others (005/13)

Inkatha Freedom Party, Nongoma and Another v Electoral Commission and Others (005/13) [2014] ZAEC 1; [2014] 4 All SA 465 (Elect Ct) (3 April 2014)

Court

Electoral Court

Case number

005/13

Judges

Moshidi, Mthiyane DP, Wepener

The Electoral Commission's failure to count special votes was a purely administrative error, not tainted by fraud or unlawful conduct. The Commission possessed the discretionary power to amend the by-election result administratively under s 65(7)(a) of the Municipal Electoral Act, given the absence of serious irregularities. The referral to the Electoral Court was unnecessary and unjust, as the error could be rectified without setting aside the by-election. The Electoral Court, exercising its review powers, found that the appropriate and equitable remedy was to order the inclusion of the spec…

Source excerpt

• Municipal Elections
• Special Votes
• Administrative Error
• Electoral Dispute Resolution
• Right To Free And Fair Elections
• Promotion Of Administrative Justice Act

National Democratic Convention and Another v Electoral Commission and Others (EC011/06)

National Democratic Convention and Another v Electoral Commission and Others (EC011/06) [2006] ZAEC 1 (7 July 2006)

Court

Electoral Court

Case number

EC011/06

Judges

Mthiyane JA, Pillay J, Masipa J, Ms S Moodley, Ms S W Abro

The Electoral Court upheld condonation of a late election objection after a vote-counting error was discovered, and dismissed the appeal.

• Municipal Elections
• Condonation Of Late Objection
• Good Cause Requirement
• Electoral Dispute Resolution
• Municipal-elections
• Electoral-objections