South Africa Case Law

Khai-Ma Onafhandlike Kandidate Koalisie v Electoral Commission of South Africa and Others (017/16)

Khai-Ma Onafhandlike Kandidate Koalisie v Electoral Commission of South Africa and Others (017/16) [2016] ZAEC 4 (23 September 2016)

Court

Electoral Court

Case number

017/16

Judges

Shongwe JA, Moshidi J, Wepener J, Ms Pather

The court found that the applicant was prejudiced by the omission of its name from the district ballot paper, which violated its constitutional right to participate in the election. The applicant had paid the required deposit and submitted its candidate list in accordance with advice from Commission officials. The Commission failed in its duty to assist the applicant and did not respond adequately to its objections. The court held that the exclusion was material to the outcome of the election, as the applicant was denied any opportunity to receive votes in the district. The Commission's decis…

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• Electoral Rights
• Local Government Elections
• Review Of Administrative Action
• Materiality In Election Disputes

Inkatha Freedom Party v Electoral Commission (001/11 IEC)

Inkatha Freedom Party v Electoral Commission (001/11 IEC) [2011] ZAEC 1 (20 April 2011)

Court

Electoral Court

Case number

001/11 IEC

Judges

Mthiyane, Masipa, Pillay

The Electoral Court held that sections 14 and 17 of the Local Government: Municipal Electoral Act 27 of 2000 do not require a strictly literal interpretation that would exclude submission of documents at alternative Commission offices in cases of emergency. The purpose of these sections is to ensure that parties and candidates declare their intention to contest and provide necessary information for the organisation of elections, not to prescribe a rigid venue for submission. The applicant had complied in substance with all statutory requirements, including payment of the deposit and timely no…

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• Electoral Rights
• Interpretation Of Statutes
• Local Government Elections
• Party List Nominations
• Bill Of Rights Limitation

Independent Electoral Commission v Langeberg Municipality (CCT 49/00)

Independent Electoral Commission v Langeberg Municipality (CCT 49/00) [2001] ZACC 23; 2001 (3) SA 925 (CC); 2001 (9) BCLR 883 (CC) (7 June 2001)

Court

Constitutional Court

Case number

CCT 49/00

Judges

Yacoob, Chaskalson, Ackermann, Goldstone, Kriegler, Madala, Mokgoro, Ngcobo, Sachs, Somyalo

The Constitutional Court held that a dispute between the Electoral Commission and a municipality was not an intergovernmental dispute under section 41(3).

• Intergovernmental Dispute
• Electoral Rights
• Independence Of Chapter 9 Institutions
• Locus Standi
• Costs Order
• Intergovernmental-disputes