South Africa Case Law

Nyaku v The Electoral Commission of South Africa-Chief Electoral Officer and Others (007/21)

Nyaku v The Electoral Commission of South Africa-Chief Electoral Officer and Others (007/21) [2021] ZAEC 2 (22 October 2021)

Court

Electoral Court

Case number

007/21

Judges

Mbha, Shongwe, Moshidi, Ms Pather

The Electoral Court held that an independent candidate’s nomination was invalid where supporting voter signatures were submitted after the election timetable deadline.

• Municipal Electoral Act
• Election Timetable Compliance
• Candidate Nomination
• Condonation
• Postponement Of Election
• Election-timetable-compliance

National Freedom Party (NFP) v Electoral Commission and Others (011/2016 EC)

National Freedom Party (NFP) v Electoral Commission and Others (011/2016 EC) [2016] ZAEC 3 (5 August 2016)

Court

Electoral Court

Case number

011/2016 EC

Judges

Shongwe JA, Moshidi J, Wepener J, Adv. Mthembu, Ms Pather

The application was dismissed on the basis that the matter was res judicata, as the same relief had previously been sought and refused between the same parties. Even if res judicata did not apply, the Municipal Electoral Act and the published election timetable require strict compliance, with no statutory provision for condonation or retrospective amendment for late payment of deposits. The Commission's discretion to amend the timetable is limited to circumstances benefiting all participants equally, not individual parties. Allegations of sabotage or fraud were unsupported and did not justify…

Source excerpt

• Electoral Timetable
• Condonation
• Res Judicata
• Free And Fair Elections
• Municipal Electoral Act

Mhlophe and Others v Independent Electoral Commission of South Africa and Others (001/2016 EC)

Mhlophe and Others v Independent Electoral Commission of South Africa and Others (001/2016 EC) [2016] ZAEC 1 (10 March 2016)

Court

Electoral Court

Case number

001/2016 EC

Judges

Shongwe JA, Moshidi J, Wepener J, S Pather

The Electoral Court found that the certification of the voters' roll for the Tlokwe by-elections did not comply with section 16(3) of the Electoral Act and the Constitutional Court's order in Kham, as it included 4146 voters without addresses and failed to ensure accurate placement in voting districts. The Commission's argument that its obligations were prospective was rejected; the statutory and constitutional requirements applied to the February by-elections. The absence of addresses and failure to correct the roll undermined the fairness of the elections. The Court ordered the Commission t…

Source excerpt

• Free And Fair Elections
• Voters Roll Certification
• Municipal Electoral Act
• Address Verification
• Electoral Obligations