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Administrative Law [2022] ZAEC 3

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)

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…

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