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Administrative Law [2024] ZAEC 14

Cape Independent Party v Electoral Commission of South Africa (0013/24EC)

Cape Independent Party v Electoral Commission of South Africa (0013/24EC) [2024] ZAEC 14 (13 May 2024)

Court
Electoral Court
Case number
0013/24EC
Judges
Zondi JA, Shongwe AJ, Adams AJ, Professor Ntlama-Makhanya, Professor Phooko

The applicant failed to comply with the peremptory requirements of section 27(2)(cB) of the Electoral Act by not submitting the requisite number of voter supporters via the prescribed online portal by the statutory deadline. The Electoral Commission has no discretion to condone such non-compliance, as the statutory framework is designed to ensure fairness, integrity, and equal treatment in the electoral process. The applicant's attempt to submit the balance of supporters by email did not satisfy the prescribed manner, and the Commission was under no obligation to accept or warn of non-complia…

Source excerpt

  • Electoral Act Section 27
  • Candidate Nomination Requirements
  • Operation Of Law Disqualification
  • Bill Of Rights Political Rights
  • Administrative Deadlines
  • Judicial Review
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Administrative Law [2024] ZAEC 8

Arise South Africa v Electoral Commission of South Africa; Independent South African National Civic Organisation v Electoral Commission of South Africa (014-2024EC; 020-2024EC)

Arise South Africa v Electoral Commission of South Africa; Independent South African National Civic Organisation v Electoral Commission of South Africa (014-2024EC; 020-2024EC) [2024] ZAEC 8 (6 May 2024)

Court
Electoral Court
Case number
014-2024EC; 020-2024EC
Judges
Zondi JA, Shongwe AJ, Adams AJ, Phooko, Ntlama-Makhanya

The court found that both ASA and ISANCO failed to comply with the peremptory requirements of the Electoral Act for contesting the 2024 elections. ASA did not submit the required regional candidate lists, and ISANCO failed to meet the quota of verified supporters' signatures for certain regions and provinces. The Commission's evidence, including audit trails and system verification, was accepted as more probable than the applicants' unsubstantiated claims. Disqualification occurred by operation of law, not by administrative decision, and section 28 of the Electoral Act did not grant the Commi…

Source excerpt

  • Electoral Act Compliance
  • Candidate Nomination
  • Supporters List Quota
  • Operation Of Law Disqualification
  • Plascon Evans Principle
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.