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South Africa Case Law

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Administrative Law [2011] ZAEC 2

African Christian Democratic Party v Electoral Commission (003/11 IEC)

African Christian Democratic Party v Electoral Commission (003/11 IEC) [2011] ZAEC 2 (20 April 2011)

Court
Electoral Court
Case number
003/11 IEC
Judges
Masipa, Mthiyane, Pillay

The court found that the applicant had complied with the substantive requirements of sections 14 and 17 of the Local Government: Municipal Electoral Act by submitting the necessary documents and deposit before the deadline. The error in the municipality designation number was a genuine clerical mistake, and the applicant's intention to contest in Umhlabuyalingana was clear. The Commission's refusal to reallocate the deposit was unjustified, especially in light of constitutional principles favouring enfranchisement and previous judicial interpretations supporting a purposive approach to the Ac…

Source excerpt

  • Electoral Deposit
  • Enfranchisement
  • Interpretation Of Electoral Act
  • Right To Participate In Elections
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Constitutional Law [1999] ZACC 3

August and Another v Electoral Commission and Others (CCT8/99)

August and Another v Electoral Commission and Others (CCT8/99) [1999] ZACC 3; 1999 (3) SA 1; 1999 (4) BCLR 363 (1 April 1999)

Court
Constitutional Court
Case number
CCT8/99
Judges
Sachs, Chaskalson, Langa, Ackermann, Goldstone, Madala, Mokgoro, O'Regan, Yacoob

The Constitutional Court held that, in the absence of any legislative provision disqualifying prisoners from voting, all prisoners retain the constitutional right to register and vote. The Electoral Commission is under a positive obligation to take reasonable steps to facilitate the registration and voting of eligible prisoners. The phrase 'ordinarily resident' in the Electoral Act must be interpreted to include prisoners as ordinarily resident in prison for the purposes of registration. The failure of the Commission to make arrangements for prisoners to register and vote constitutes a threat…

Source excerpt

  • Right To Vote
  • Universal Suffrage
  • Equality Before Law
  • Enfranchisement
  • Electoral Act Interpretation
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.