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South Africa Case Law

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Administrative Law [2024] ZAEC 19

African Independent Congress v Electoral Commission of South Africa and Others (003-2024EC)

African Independent Congress v Electoral Commission of South Africa and Others (003-2024EC) [2024] ZAEC 19 (7 June 2024)

The Electoral Court recognized the AIC’s Interim National Executive Committee, but refused funding and bank-account relief and made no costs order.

  • Political Party Registration
  • Internal Party Disputes
  • Urgent Relief
  • Party Funding Compliance
  • Political-party-disputes
  • Electoral-court
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Civil Procedure [2023] ZANCHC 60

Siyathemba Community Movement and Others v Independent Electoral Commission of South Africa and Others (1208/2023)

Siyathemba Community Movement and Others v Independent Electoral Commission of South Africa and Others (1208/2023) [2023] ZANCHC 60 (29 September 2023)

The court found that the applicants lacked locus standi to bring the application on behalf of Siyathemba Community Movement and Mr Jonas, as Mr Februarie was not authorised by the party's registered leadership and failed to respond to a rule 7 notice. The commission had already fulfilled its statutory obligations by declaring Mr Visser elected before the interim order was issued, making compliance with the order impossible. There was no wilful or mala fide contempt on the part of the respondents. The declaratory relief sought was not sustainable due to pending review applications concerning t…

  • Contempt Of Court
  • Locus Standi
  • Municipal Structures Act
  • Internal Party Disputes
  • Declaratory Relief
  • Joinder
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Administrative Law [2022] ZAEC 7

Siyabathemba Community Movement v The IEC and Others (005/22EC)

Siyabathemba Community Movement v The IEC and Others (005/22EC) [2022] ZAEC 7 (22 April 2022)

The Electoral Court dismissed a review over party expulsions and a refused party-list amendment, finding lack of standing, lis alibi pendens, and no Commission mandate to вмешene in the internal dispute.

  • Electoral Commission Powers
  • Internal Party Disputes
  • Locus Standi
  • Lis Alibi Pendens
  • Misjoinder
  • Municipal Structures Act
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