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South Africa Case Law

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Constitutional Law [2024] ZAEC 28

Ramotswabodi Johannes Sesing v Electoral Commission of South Africa and Others (0033/24EC)

Ramotswabodi Johannes Sesing v Electoral Commission of South Africa and Others (0033/24EC) [2024] ZAEC 28 (29 October 2024)

Court
Electoral Court
Case number
0033/24EC
Judges
Modiba, Steyn, Professor Phooko

The application was dismissed because it was filed late without condonation, and the applicant failed to show good cause for the delay. The relief sought was moot as the elections had concluded and the applicant did not secure enough votes for a seat. The Electoral Court lacks jurisdiction over broadcasting and media access issues, and the President, a necessary party, was not joined. The applicant did not substantiate claims of constitutional or electoral rights violations, nor did he demonstrate exceptional circumstances warranting deviation from the legislated seat allocation formula. The…

Source excerpt

  • Electoral Dispute
  • Allocation Of Seats
  • Independent Candidates
  • Condonation
  • Media Access
  • Joinder
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Constitutional Law [2019] ZAWCHC 43

New Nation Movement PPC and Others v President of the Republic of South Africa and Others (17223/18)

New Nation Movement PPC and Others v President of the Republic of South Africa and Others (17223/18) [2019] ZAWCHC 43; 2019 (5) SA 533 (WCC) (17 April 2019)

Court
Western Cape High Court, Cape Town
Case number
17223/18
Judge
Desai

The court held that Section 19(3)(b) of the Constitution does not expressly confer a right to stand for public office as an independent candidate at national or provincial level. The Constitution establishes a multi-party system and grants Parliament discretion to determine the electoral system, which currently operates on a party-list basis. The applicants' reliance on obiter dicta from My Vote Counts is misplaced, as those remarks are not binding and are contradicted by other Constitutional Court decisions. The absence of legislative facilitation for independent candidates does not render t…

Source excerpt

  • Political Rights
  • Electoral System
  • Independent Candidates
  • Section 19 Constitution
  • Party List System
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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.