South Africa Case Law

African Transformation Movement v Electoral Commission of South Africa and Others (0035/2024EC)

African Transformation Movement v Electoral Commission of South Africa and Others (0035/2024EC) [2025] ZAEC 1 (14 January 2025)

Court

Electoral Court

Case number

0035/2024EC

Judges

Zondi, Adams, Professor Ntlama-Makhanya

The application was dismissed because the applicant failed to provide credible evidence of any material irregularities affecting the outcome of the 2024 National and Provincial Elections. The allegations were vague, unsubstantiated, and based on hearsay. The applicant did not comply with the procedural requirements for lodging objections under section 55 of the Electoral Act, nor did it exhaust the prescribed mechanisms before approaching the Electoral Court. Furthermore, the necessary parties were not properly joined, and the relief sought regarding the constitutional invalidity of section 2…

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• Electoral Act Objections
• Free And Fair Elections
• Jurisdiction Of Electoral Court
• Procedural Non Compliance
• Constitutional Invalidity
• Joinder Of Parties

African Restoration Alliance v Electoral Commission of South Africa (0032/24EC)

African Restoration Alliance v Electoral Commission of South Africa (0032/24EC) [2024] ZAEC 31 (25 November 2024)

Court

Electoral Court

Case number

0032/24EC

Judges

Zondi, Adams, Mhlambi, Ntlama-Makhanya

The Electoral Court dismissed an application for condonation for a late leave-to-appeal request, finding the delay unexplained, non-joinder fatal, and no reasonable prospects of success.

• Electoral Dispute Resolution
• Condonation
• Joinder Of Interested Parties
• Free And Fair Elections
• Electoral-dispute-resolution
• Joinder-of-parties

Democratic Alliance v Ramaphosa and Others (0027/2024EC)

Democratic Alliance v Ramaphosa and Others (0027/2024EC) [2024] ZAEC 24 (21 October 2024)

Court

Electoral Court

Case number

0027/2024EC

Judges

Zondi, Adams, Yacoob

The Court held that the President's address did not contravene item 9(2)(e) of the Electoral Code or section 87(1)(g) of the Electoral Act. The address, viewed objectively, was intended to inform the nation about election readiness and encourage democratic participation, not to campaign for the ANC or influence voters unlawfully. The Court found that a restrictive interpretation of the Code and Act, as urged by the DA, would unduly inhibit the President's constitutional obligations and citizens' rights to receive information. The President did not misuse public funds or abuse his position to…

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• Electoral Code Of Conduct
• Abuse Of Power
• Undue Influence
• Presidential Powers
• Free And Fair Elections

Kortman and Another v Electoral Commission of South Africa and Others (009/21 EC)

Kortman and Another v Electoral Commission of South Africa and Others (009/21 EC) [2022] ZAEC 3 (21 February 2022)

Court

Electoral Court

Case number

009/21 EC

Judges

Mbha JA, Shongwe AJ, Ms Pather

The court found that the objective and uncontroverted facts established a chaotic and dangerous environment at the Nkosiyakhe voting station, including intimidation, unlawful campaigning, and burning of tyres. These circumstances were not conducive to a free and fair election, as required by the Constitution and the Municipal Electoral Act. The Commission failed to adequately address or dispute the material allegations, and the ANC respondents did not answer the serious accusations. The court held that even a single act of intimidation undermines the integrity of the electoral process in a co…

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• Municipal Elections
• Free And Fair Elections
• Electoral Code Of Conduct
• Section 65 Objection
• Intimidation Of Voters

Pan Africanist Congress of Azania and Others v Moloto and Others (60975/2020)

Pan Africanist Congress of Azania and Others v Moloto and Others (60975/2020) [2022] ZAGPPHC 78 (1 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

60975/2020

Judge

Mahlangu AJ

The court found that the applicants had demonstrated exceptional circumstances warranting enforcement of the judgment pending appeal. The leadership vacuum in the PAC and the resulting uncertainty in Parliament and the IEC justified urgent intervention to prevent irreparable harm to the party and its electorate. The inability of the PAC to participate in local government elections due to unresolved leadership disputes would deprive its members and supporters of representation for five years, constituting irreparable harm. The respondents would not suffer irreparable harm if the order was gran…

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• Superior Courts Act Section 18
• Enforcement Of Judgment Pending Appeal
• Exceptional Circumstances
• Irreparable Harm
• Free And Fair Elections

Democratic Alliance in re Electoral Commission of South Africa v Minister of Cooperative Governance and Others (CCT 245/21)

Democratic Alliance in re Electoral Commission of South Africa v Minister of Cooperative Governance and Others (CCT 245/21) [2021] ZACC 30; 2022 (1) BCLR 1 (CC) (20 September 2021)

Court

Constitutional Court

Case number

CCT 245/21

Judges

Zondo, Madlanga, Madondo, Majiedt, Mhlantla, Rogers, Theron, Tlaletsi, Tshiqi

The Court held that the extension of the candidate nomination deadline did not fall within the amendments 'reasonably necessary' as contemplated by its prior order, which focused on accommodating new voters, not candidates. However, the order did not preclude the Commission from exercising its statutory power under section 11(2) of the Municipal Electoral Act to amend the timetable if necessary for a free and fair election. The Commission's decision to extend the candidate cut-off date was found to be consistent with the legislative scheme and constitutional rights, provided elections could s…

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• Local Government Elections
• Electoral Timetable Amendment
• Candidate Nomination Extension
• Free And Fair Elections
• Judicial Review Of Administrative Action
• Direct Access

Malawu v The Electoral Commission and Others (006/20 IEC)

Malawu v The Electoral Commission and Others (006/20 IEC) [2020] ZAEC 1 (18 November 2020)

Court

Electoral Court

Case number

006/20 IEC

Judges

MBHA JP, LAMONT J, SHONGWE AJ, PATHER

The Electoral Court dismissed an urgent bid to postpone an Amahlati Ward 13 by-election, holding that necessary political parties had not been joined.

• Joinder Of Parties
• Local Government Elections
• Urgent Interdict
• Free And Fair Elections
• Joinder-of-parties
• Local-government-elections

Electoral Commission of South Africa v Speaker of the National Assembly and Others (CCT55/16)

Electoral Commission of South Africa v Speaker of the National Assembly and Others (CCT55/16) [2018] ZACC 46; 2019 (3) BCLR 289 (CC) (22 November 2018)

Court

Constitutional Court

Case number

CCT 55/16

Judges

Basson AJ, Cameron J, Dlodlo AJ, Froneman J, Goliath AJ, Khampepe J, Mhlantla J, Petse AJ, Theron J

The majority held that it is just and equitable to grant a further extension of the suspension of invalidity regarding the voters’ roll addresses until 30 November 2019, subject to strict conditions. The Electoral Commission must furnish periodic reports detailing progress in obtaining addresses, clearly indicate voters with incomplete or missing addresses, require such voters to supply addresses before voting, and enable political parties to scrutinise these details. Any party may approach the Court for further relief if necessary. The extension is justified by the practical difficulties in…

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• Just And Equitable Remedy
• Suspension Of Invalidity
• Electoral Act Compliance
• Voters Roll Addresses
• Free And Fair Elections

Mwali v Electoral Commission of South Africa and Another (019/2016)

Mwali v Electoral Commission of South Africa and Another (019/2016) [2016] ZAEC 5 (22 November 2016)

Court

Electoral Court

Case number

019/2016

Judges

Wepener, Mthembu, Pather

The Electoral Commission failed to conduct a proper and thorough investigation into the applicant's objection regarding irregular voter registrations in ward 23. Both the initial and subsequent investigations were inadequate, with the Commission disregarding critical evidence and failing to engage meaningfully with the applicant. The uncontested evidence established that over six hundred voters registered outside ward 23 were permitted to vote in that ward, while legitimate ward 23 voters were excluded. This systemic failure breached the constitutional requirement for free and fair elections…

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• Electoral Dispute
• Review Of Administrative Action
• Free And Fair Elections
• Voters Roll Irregularities
• Municipal Elections

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)

Court

Electoral Court

Case number

011/2016 EC

Judges

Shongwe JA, Moshidi J, Wepener J, Adv. Mthembu, Ms Pather

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…

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