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Administrative Law [2016] ZAEC 3

National Freedom Party (NFP) v Electoral Commission and Others (011/2016 EC)

National Freedom Party (NFP) v Electoral Commission and Others (011/2016 EC) [2016] ZAEC 3 (5 August 2016)

The application was dismissed on the basis that the matter was res judicata, as the same relief had previously been sought and refused between the same parties. Even if res judicata did not apply, the Municipal Electoral Act and the published election timetable require strict compliance, with no statutory provision for condonation or retrospective amendment for late payment of deposits. The Commission's discretion to amend the timetable is limited to circumstances benefiting all participants equally, not individual parties. Allegations of sabotage or fraud were unsupported and did not justify…

  • Electoral Timetable
  • Condonation
  • Res Judicata
  • Free And Fair Elections
  • Municipal Electoral Act
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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.