South Africa Case Law

Luthuli and Others v The Electoral Commission of South Africa and Ndlovu and Others v The Electoral Commission of South Africa (007/22EC)

Luthuli and Others v The Electoral Commission of South Africa and Ndlovu and Others v The Electoral Commission of South Africa (007/22EC) [2022] ZAEC 8 (17 June 2022)

Court

Electoral Court

Case number

007/22EC

Judges

MBHA, MODIBA, SHONGWE, NTLAMA-MAKHANYA, PHOOKO

The Electoral Court dismissed election objections over Ward 7 in eThekwini, finding the claims vague, unsupported, and not material to the result.

• Municipal Elections
• Electoral Objections
• Condonation
• Non Joinder
• Materiality Test
• Municipal-elections

Shai v The Electoral Commission of South Africa and Others (013/21 EC)

Shai v The Electoral Commission of South Africa and Others (013/21 EC) [2022] ZAEC 4 (22 February 2022)

Court

Electoral Court

Case number

013/21 EC

Judges

Mbha, Shongwe, Ms Pather

The Electoral Court dismissed an election objection and appeal for lack of materiality, specificity, and supporting evidence under section 65 of the Municipal Electoral Act.

• Municipal Elections
• Electoral Objections
• Materiality Requirement
• Jurisdiction Of Electoral Court
• Municipal-elections
• Electoral-objections

African Independent Congress v The Electoral Commission and Others (002/15EC)

African Independent Congress v The Electoral Commission and Others (002/15EC) [2016] ZAEC 6 (8 February 2016)

Court

Electoral Court

Case number

002/15EC

Judges

M.M. Mthembu, Shongwe, Wepener

The Electoral Court dismissed an appeal over a municipal by-election objection, holding that the alleged irregularities were not shown to have materially affected the result.

• Municipal Elections
• Materiality Of Irregularities
• Electoral Objections
• Statutory Interpretation
• Municipal-elections
• Electoral-objections

Independent Party v Electoral Commission and Others (2/2001)

Independent Party v Electoral Commission and Others (2/2001) [2001] ZAEC 1; [2001] 3 All SA 599 (Elect Ct) (6 April 2001)

Court

Electoral Court

Case number

2/2001

Judges

Smalberger, Tshabalala, Van der Walt, Pillay, Masipa

The Electoral Commission is legally obliged to consider objections lodged under section 65 of the Municipal Electoral Act. Administrative officials without delegated authority may not reject objections without reference to the Commission. Substantial compliance with the requirements of section 65(1) is sufficient, and the failure to serve the ACDP, a party with negligible interest in the objection, did not invalidate the objection. The Commission must itself decide on condonation for late filing and whether substantial compliance has been achieved. The Commission's failure to consider the obj…

Source excerpt

• Electoral Objections
• Substantial Compliance
• Condonation Of Late Filing
• Right To Fair Administrative Action