South Africa Case Law

Umkhonto Wesizwe Party and Another v Electoral Commission of South Africa and Others (0041/2024EC)

Umkhonto Wesizwe Party and Another v Electoral Commission of South Africa and Others (0041/2024EC) [2025] ZAEC 2 (6 March 2025)

Court

Electoral Court

Case number

0041/2024EC

Judges

Zondi, Modiba, Mhlambi, Ntlama-Makhanya, Phooko

The Court found that the MK Party failed to comply with Regulation 9 by not notifying the Commission of the change in its registered contact person within the prescribed period. The Commission was legally correct to accept candidate nominations only from the registered contact person, Dr Mbanjwa, and to reject submissions from Mr Mvelase. Although the Commission acted inefficiently by not promptly informing the MK Party of its error, this did not render its decision unlawful. The application was brought after the by-election process had commenced, making the relief sought impractical and unju…

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• Electoral Review
• Party Nomination Dispute
• Condonation Of Late Filing
• Internal Party Authority
• Procedural Fairness

Good Party v Electoral Commission of South Africa and Others (004/2023 EC)

Good Party v Electoral Commission of South Africa and Others (004/2023 EC) [2023] ZAEC 4 (20 September 2023)

Court

Electoral Court

Case number

004/2023 EC

Judges

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

The Electoral Court dismissed a late urgent application to postpone George by-elections, finding the delay unjustified, the review grounds inadequate, and part of the relief moot.

• Electoral Review
• Urgency In Applications
• Voters Roll Objections
• Municipal Elections
• Timeliness Of Review
• Fraud Allegations

MEC Co-operative Governance, Human Settlements and Traditional Affairs, Northern Cape v Independent Electoral Commission and Others (007/14)

MEC Co-operative Governance, Human Settlements and Traditional Affairs, Northern Cape v Independent Electoral Commission and Others (007/14) [2015] ZAEC 3 (13 May 2015)

Court

Electoral Court

Case number

007/14

Judges

J B Z Shongwe, Moshidi, Ms Pather

The court held that the mere appearance of Councillor Jonas's name on the EFF candidate list did not constitute membership of the EFF. Membership of a political party is a voluntary act requiring choice and acceptance, not an automatic consequence of nomination. Jonas denied membership in both correspondence and affidavit, and no factual evidence was presented to prove otherwise. The applicant failed to establish that Jonas became a member of the EFF, and therefore no vacancy arose in terms of s 27(f)(ii) of the Municipal Structures Act. The Electoral Commission's refusal to call a by-electio…

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• Municipal Structures Act
• Vacation Of Office
• Political Membership
• Electoral Review

African Christian Democratic Party v Chairperson, Independent Electoral Commission and Anoter (4/2004)

African Christian Democratic Party v Chairperson, Independent Electoral Commission and Anoter (4/2004) [2004] ZAEC 2 (11 June 2004)

Court

Electoral Court

Case number

4/2004

Judges

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

The Electoral Court found that it possesses jurisdiction to review and correct errors in declared election results beyond the objection window prescribed in section 55 of the Electoral Act, by virtue of its powers under section 20 of the Electoral Commissions Act. The applicant demonstrated good cause for condonation, having acted promptly upon discovering the error. The evidence, including the presiding officer's admission and comparative voting patterns in adjacent districts, established that an administrative error occurred, materially affecting the allocation of seats. The Court held that…

Source excerpt

• Electoral Review
• Condonation Of Late Objection
• Allocation Of Seats
• Administrative Error
• Free And Fair Elections