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South Africa Case Law

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Administrative Law [2022] ZAEC 6

Gamagara Community Forum v The Electoral Commission and Others (004/22EC)

Gamagara Community Forum v The Electoral Commission and Others (004/22EC) [2022] ZAEC 6 (22 April 2022)

The Electoral Court dismissed a challenge to the Electoral Commission’s rejection of an election objection, finding late filing, no replying affidavit, and unproven irregularities.

  • Electoral Disputes
  • Review Of Administrative Action
  • Condonation For Late Filing
  • Joinder Of Parties
  • Motion Proceedings
  • Plascon Evans Rule
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Administrative Law [2022] ZAEC 1

Phasha and Others v The Electoral Commission of South Africa and Others (008/21 EC)

Phasha and Others v The Electoral Commission of South Africa and Others (008/21 EC) [2022] ZAEC 1 (3 January 2022)

The Electoral Court dismissed an urgent challenge to the 2021 local government elections, finding fatal defects in citation, service, urgency, and substantive merit.

  • Electoral Disputes
  • Urgency And Abuse Of Process
  • Joinder And Service
  • Court Rules
  • Municipal Elections
  • Electoral-disputes
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Constitutional Law [2014] ZAEC 2

Lötter v Electoral Commission and Others (001/14 EC)

Lötter v Electoral Commission and Others (001/14 EC) [2014] ZAEC 2 (3 April 2014)

The Electoral Court dismissed an urgent bid to postpone a Ward 22 by-election, finding no clear right, no proven harm, and no competent basis for the interdict.

  • Interdict Requirements
  • Electoral Disputes
  • Public Interest Litigation
  • Interdict-requirements
  • Electoral-disputes
  • Urgent-application
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Administrative Law [2002] ZASCA 106

Mketsu and Others v African National Congress and Others (315/2001)

Mketsu and Others v African National Congress and Others (315/2001) [2002] ZASCA 106; [2002] 4 All SA 205 (SCA); 2003 (2) SA 1 (SCA) (13 September 2002)

The Supreme Court of Appeal held that section 65 of the Municipal Electoral Act gives a mandatory procedure for election-result objections, excluding High Court jurisdiction.

  • Municipal Elections
  • Jurisdiction Of High Court
  • Electoral Disputes
  • Mandatory Statutory Procedure
  • Municipal-elections
  • High-court-jurisdiction
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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.