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…

Source excerpt

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

Northern Cape Communities Movement v Electoral Commission of South Africa and Other (0029/24EC)

Northern Cape Communities Movement v Electoral Commission of South Africa and Other (0029/24EC) [2024] ZAEC 22 (3 July 2024)

Court

Electoral Court

Case number

0029/24EC

Judges

Zondi JA, Steyn AJ, Yacoob AJ, Ntlama-Makhanya, Phooko

The Electoral Court dismissed an urgent challenge to Schedule 1A of the Electoral Act, holding that the complaint fell outside section 55 and beyond its jurisdiction.

• Electoral Act Section 55
• Allocation Of Seats
• Jurisdiction Of Electoral Court
• Schedule 1a Constitutionality
• Electoral-act-section-55
• Electoral-court-jurisdiction

Sicengu v Electoral Commission of South Africa and Others (007/2023 EC)

Sicengu v Electoral Commission of South Africa and Others (007/2023 EC) [2023] ZAEC 5 (29 September 2023)

Court

Electoral Court

Case number

007/2023 EC

Judges

Zondi JA, Modiba J, Shongwe AJ, Professor Ntlama-Makhanya, Professor Phooko

The Electoral Court dismissed an urgent application to reinstate a ward councillor, holding it lacked jurisdiction, the matter was res judicata, and the relief sought was not competent.

• Electoral Commission Act
• Jurisdiction Of Electoral Court
• Res Judicata
• Urgent Interdict
• Municipal Structures Act
• Electoral-court-jurisdiction

Shai v The Electoral Commission of South Africa and Others (013/21 EC)

Shai v The Electoral Commission of South Africa and Others (013/21 EC) [2022] ZAEC 4 (22 February 2022)

Court

Electoral Court

Case number

013/21 EC

Judges

Mbha, Shongwe, Ms Pather

The Electoral Court dismissed an election objection and appeal for lack of materiality, specificity, and supporting evidence under section 65 of the Municipal Electoral Act.

• Municipal Elections
• Electoral Objections
• Materiality Requirement
• Jurisdiction Of Electoral Court
• Municipal-elections
• Electoral-objections

Electoral Commission of South Africa v Cape Party and Others (1233/2017, 1268/2017)

Electoral Commission of South Africa v Cape Party and Others (1233/2017, 1268/2017) [2017] ZASCA 161 (27 November 2017)

Court

Supreme Court of Appeal

Case number

1233/2017, 1268/2017

Judges

Bosielo, Willis, Plasket, Meyer, Makgoka

The Supreme Court of Appeal held it had jurisdiction over municipal election disputes and upheld the IEC’s appeals, setting aside Electoral Court orders for recounts and a revote.

• Municipal Elections
• Jurisdiction Of Electoral Court
• Leave To Appeal
• Review Of Electoral Process
• Finality Of Electoral Orders
• Municipal-elections