South Africa Case Law

Sabelo Sithole v Electoral Commission of South Africa and Others (0038/2024EC)

Sabelo Sithole v Electoral Commission of South Africa and Others (0038/2024EC) [2024] ZAEC 30 (19 November 2024)

Court

Electoral Court

Case number

0038/2024EC

Judges

Modiba, Steyn, Professor Phooko

The Electoral Court dismissed an application to compel the Electoral Commission to update party leadership records, citing lis pendens, non-joinder, and vexatious litigation.

• Non Joinder
• Lis Pendens
• Leadership Dispute
• Punitive Costs
• Electoral Registration
• Lis-pendens

Arise Afrika Arise (AAAR) v Electoral Commission of South Africa (008/2023 EC)

Arise Afrika Arise (AAAR) v Electoral Commission of South Africa (008/2023 EC) [2024] ZAEC 1 (16 January 2024)

Court

Electoral Court

Case number

008/2023 EC

Judges

Zondi JA, Modiba J, Shongwe AJ, Professor Ntlama-Makhanya

The Court found that the delay in bringing the review application was short and, despite an unsatisfactory explanation, condonation was granted in the interests of justice due to the constitutional rights at stake. On the merits, the applicant failed to meet the statutory requirements for registration as a political party, specifically the submission of valid signatures of 1000 registered voters. The evidence showed fraudulent signatures and duplications, which the applicant did not challenge on appeal. Furthermore, the proposed party name 'Arise Afrika Arise' closely resembled 'Arise South A…

Source excerpt

• Electoral Registration
• Promotion Of Administrative Justice Act
• Constitutional Rights
• Review Of Administrative Action
• Condonation Of Delay

Tsogang Civic Movement v Electoral Commission of South Africa and Others (11/2022 EC)

Tsogang Civic Movement v Electoral Commission of South Africa and Others (11/2022 EC) [2022] ZAEC 12 (30 December 2022)

Court

Electoral Court

Case number

11/2022 EC

Judges

Zondi JA, Shongwe AJ, Modiba J, Professor Ntlama-Makhanya, Professor Phooko

The Electoral Court dismissed an urgent review by Tsogang Civic Movement after finding it had not met the statutory 14-day publication period for party registration.

• Electoral Registration
• Statutory Compliance
• Urgent Review
• Non Joinder
• Procedural Fairness
• Electoral-registration

Freedom Front Plus v Electoral Commission of South Africa and Another (005/2019)

Freedom Front Plus v Electoral Commission of South Africa and Another (005/2019) [2019] ZAEC 1 (14 May 2019)

Court

Electoral Court

Case number

005/2019

Judges

W.L Wepener, B. Mbha, B. Lamont, Ms. S. Pather

The Court held that the failure of the Chief Electoral Officer to publish the registration of the second respondent in the Government Gazette meant that the statutory notification required to trigger the right of appeal had not occurred. As a result, the thirty-day period for lodging an appeal had not commenced, and the applicant's appeal could not be dismissed as out of time. The Electoral Commission's refusal to condone the late appeal and its consequent dismissal were procedurally incorrect. The Court reviewed and set aside the Commission's decision, confirming that the rights of aggrieved…

Source excerpt

• Electoral Registration
• Government Gazette Publication
• Appeal Rights
• Procedural Fairness