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South Africa decisions
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Good Party v Electoral Commission of South Africa and Others (004/2023 EC) [2023] ZAEC 4 (20 September 2023)
The Electoral Court dismissed a late urgent application to postpone George by-elections, finding the delay unjustified, the review grounds inadequate, and part of the relief moot.
African National Congress v Electoral Commission of South Africa and Others (001/2023 EC) [2023] ZAEC 1 (17 February 2023)
The Electoral Court dismissed the ANC’s review and condonation application after its candidate failed to pay the required by-election deposit on time.
Motloung v Mokoso and Others (2022/6937) [2022] ZAGPJHC 681 (13 September 2022)
The High Court struck off an urgent application to stay a prior order invalidating a councillor’s election, finding the alleged urgency was self-created.
Academic Congress Union v Independent Electoral Commission (006/2022EC) [2022] ZAEC 10 (6 July 2022)
The application was dismissed because the applicant failed to comply with statutory requirements for lodging objections to election results, specifically the time frames and formal procedures set out in section 65 of the Municipal Electoral Act. The applicant did not join other interested parties, such as competing political parties and the municipality, who had a direct interest in the outcome. No formal objection was lodged with the IEC, and there was no evidence of any investigation or determination by the IEC regarding the alleged irregularities. The applicant did not provide sufficient e…
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Luthuli and Others v The Electoral Commission of South Africa and Ndlovu and Others v The Electoral Commission of South Africa (007/22EC) [2022] ZAEC 8 (17 June 2022)
The Electoral Court dismissed election objections over Ward 7 in eThekwini, finding the claims vague, unsupported, and not material to the result.
Afrikaans Kleurling Bewstheids Party (AKBP) and Another v IEC and Others (001/22EC) [2022] ZAEC 5 (29 March 2022)
The application was dismissed on multiple fatal defects. The applicant lacked standing, having not complied with statutory requirements to contest the election or lodge objections in its own name. The relief sought was incoherent, incompetent, and beyond the powers of the Electoral Court, which cannot dissolve municipal councils. There was a failure to join parties with a substantial interest, including the councils and political parties in their legal capacities. The applicant did not dispute the IEC's version of events, and no material irregularity affecting the election outcome was establi…
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Shai v The Electoral Commission of South Africa and Others (013/21 EC) [2022] ZAEC 4 (22 February 2022)
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.
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…
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Phasha and Others v The Electoral Commission of South Africa and Others (008/21 EC) [2022] ZAEC 1 (3 January 2022)
The Electoral Court dismissed an urgent challenge to the 2021 local government elections, finding fatal defects in citation, service, urgency, and substantive merit.
Electoral Commission of South Africa v Cape Party and Others (1233/2017, 1268/2017) [2017] ZASCA 161 (27 November 2017)
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.
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