South Africa Case Law

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

Plaaslike Besorgde Inwoners (PBI) and Others v George Municipality and Others (7529/2020)

Plaaslike Besorgde Inwoners (PBI) and Others v George Municipality and Others (7529/2020) [2020] ZAWCHC 102 (24 August 2020)

Court

Western Cape High Court, Cape Town

Case number

7529/2020

Judge

Hockey AJ

The court found that all cancellations and postponements of council meetings were justified by legitimate health and safety concerns due to the COVID-19 pandemic and were in compliance with ministerial directions and lockdown regulations. The applicants failed to provide objective facts to support their allegations of manipulation or sinister intent by the speaker. The election process for the executive mayor on 22 May 2020 substantially complied with the legislative framework, including the Municipal Structures Act and the Rules of Order. Any minor deviations, such as the entry of a councill…

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• Municipal Structures Act
• Local Government Elections
• Covid19 Regulations
• Substantial Compliance
• Secret Ballot
• Quorum Requirements

Democratic Alliance and Others v Premier for the Province of Gauteng and Others (18577/20)

Democratic Alliance and Others v Premier for the Province of Gauteng and Others (18577/20) [2020] ZAGPPHC 813 (10 June 2020)

Court

North Gauteng High Court, Pretoria

Case number

18577/20

Judges

D Mlambo, S Potterill, N Ranchod

The court found that the continued administration of the City of Tshwane by an unelected administrator beyond the constitutionally mandated 90 days constitutes exceptional circumstances justifying the execution of the main order pending appeal. The Constitution strictly limits the term of an administrator to 90 days following municipal dissolution, and any extension is unlawful and undermines democratic governance. The applicants established irreparable harm both to themselves and to the citizens of Tshwane, who are deprived of their right to be governed by elected representatives. The respon…

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• Municipal Dissolution
• Section 18 Superior Courts Act
• Local Government Elections
• Exceptional Circumstances
• Irreparable Harm
• Mandamus

Democratic Alliance and Others v Premier for the Province of Gauteng and Others (18577/20)

Democratic Alliance and Others v Premier for the Province of Gauteng and Others (18577/20) [2020] ZAGPPHC 330 (10 June 2020)

Court

North Gauteng High Court, Pretoria

Case number

18577/20

Judges

D Mlambo, S Potterill, N Ranchod

The court found that the continued control of the City of Tshwane by an unelected administrator beyond the constitutionally mandated 90-day period constitutes exceptional circumstances justifying the execution of the main order pending appeal. The extension of the administrator's term, resulting from the postponement of elections due to the Covid-19 pandemic and the pending appeals, breaches peremptory constitutional provisions and undermines democratic governance. The applicants established irreparable harm both to themselves and to the citizens of Tshwane, as the denial of elected represent…

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• Municipal Dissolution
• Section 18 Interim Execution
• Local Government Elections
• Constitutional Rights
• Exceptional Circumstances
• Irreparable Harm

Khai-Ma Onafhandlike Kandidate Koalisie v Electoral Commission of South Africa and Others (017/16)

Khai-Ma Onafhandlike Kandidate Koalisie v Electoral Commission of South Africa and Others (017/16) [2016] ZAEC 4 (23 September 2016)

Court

Electoral Court

Case number

017/16

Judges

Shongwe JA, Moshidi J, Wepener J, Ms Pather

The court found that the applicant was prejudiced by the omission of its name from the district ballot paper, which violated its constitutional right to participate in the election. The applicant had paid the required deposit and submitted its candidate list in accordance with advice from Commission officials. The Commission failed in its duty to assist the applicant and did not respond adequately to its objections. The court held that the exclusion was material to the outcome of the election, as the applicant was denied any opportunity to receive votes in the district. The Commission's decis…

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• Electoral Rights
• Local Government Elections
• Review Of Administrative Action
• Materiality In Election Disputes

Matjhabeng Local Municipality v Municipality Demarcation Board and Others (514/2011)

Matjhabeng Local Municipality v Municipality Demarcation Board and Others (514/2011) [2011] ZAFSHC 193 (1 December 2011)

Court

Free State High Court, Bloemfontein

Case number

514/2011

Judge

H.M. Musi

The court found that the applicant, although withdrawing its application, had taken reasonable steps to resolve the dispute with the first respondent before approaching the court. The matter involved constitutional issues relating to the delimitation of wards for municipal elections and the exercise of statutory powers by organs of state. The principle that unsuccessful litigants in constitutional matters should not be ordered to pay costs was held to apply, even where the litigant is an organ of state acting to vindicate the rights of citizens. The court exercised its discretion not to award…

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• Costs In Constitutional Litigation
• Organs Of State Dispute
• Ward Delimitation
• Local Government Elections

Mhana and Others v Ngqwebo (CA 65/2011)

Mhana and Others v Ngqwebo (CA 65/2011) [2011] ZAECGHC 90 (1 November 2011)

Court

Eastern Cape High Court, Grahamstown

Case number

CA 65/2011

Judges

N. Dambuza, J.J. Nepgen, P.T. Mageza

The High Court held that the municipality was a necessary party, but citation of officials alone did not join it. The appeal partly succeeded and only some relief was set aside.

• Joinder Of Parties
• Municipal Councillor Removal
• Local Government Elections
• Review Of Administrative Action
• Joinder-of-parties
• Municipal-law

Inkatha Freedom Party v Electoral Commission (001/11 IEC)

Inkatha Freedom Party v Electoral Commission (001/11 IEC) [2011] ZAEC 1 (20 April 2011)

Court

Electoral Court

Case number

001/11 IEC

Judges

Mthiyane, Masipa, Pillay

The Electoral Court held that sections 14 and 17 of the Local Government: Municipal Electoral Act 27 of 2000 do not require a strictly literal interpretation that would exclude submission of documents at alternative Commission offices in cases of emergency. The purpose of these sections is to ensure that parties and candidates declare their intention to contest and provide necessary information for the organisation of elections, not to prescribe a rigid venue for submission. The applicant had complied in substance with all statutory requirements, including payment of the deposit and timely no…

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• Electoral Rights
• Interpretation Of Statutes
• Local Government Elections
• Party List Nominations
• Bill Of Rights Limitation

MEC of the KwaZulu-Natal for Local Government, Housing and Traditional Affairs v Amajuba District Municipality and Others (590/2009)

MEC of the KwaZulu-Natal for Local Government, Housing and Traditional Affairs v Amajuba District Municipality and Others (590/2009) [2010] ZASCA 111; [2011] 1 All SA 401 (SCA) (20 September 2010)

Court

Supreme Court of Appeal

Case number

590/2009

Judges

Mpati, Cloete, Heher, Ponnan, Leach

The Supreme Court of Appeal held that section 43(1) of the Local Government: Municipal Structures Act requires the municipal council to elect members to its executive committee by majority vote. The council is not obliged to accept nominees from parties entitled to proportional representation; rather, the council must exercise its discretion and choose members at a council meeting. The court found that this interpretation is consistent with the Constitution, which provides for majority rule while ensuring fair representation of minority parties. The appellant's argument that the council must…

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• Municipal Structures Act
• Proportional Representation
• Local Government Elections
• Majority Vote
• Democratic Principles