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South Africa decisions
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African Independent Congress v The Electoral Commission and Others (002/15EC) [2016] ZAEC 6 (8 February 2016)
The Electoral Court dismissed an appeal over a municipal by-election objection, holding that the alleged irregularities were not shown to have materially affected the result.
Kham and Others v Electoral Commission and Another (006/2013) [2015] ZAGPJHC 53 (19 March 2015)
The Electoral Court lacks the statutory power to grant the mandatory relief sought by the applicants, namely to order the Commission to appoint independent forensic investigators. The relevant legislation, including the Electoral Act and the Municipal Electoral Act, provides specific procedures for objections and appeals regarding election irregularities, which the applicants failed to exhaust. The Commission's own investigation found irregularities in voter registration, but these were not material to the outcome of the by-elections. The applicants did not discharge the onus of proving that…
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