Simelane v Independent Electoral Commission and Others (1375/21P)
Simelane v Independent Electoral Commission and Others (1375/21P) [2021] ZAKZPHC 70 (15 June 2021)
The applicant failed to establish a prima facie right to the interim relief sought. Although initially nominated by the EFF and declared elected by the IEC, the EFF validly recalled his nomination within the statutory period, and the IEC's subsequent appointment was an admitted error. The Municipal Structures Act allows parties to change their candidate lists within 21 days, and the EFF's actions were within this window. The applicant's completion of the nomination document was likely unilateral and not at the EFF's insistence. The applicant's right to fair administrative action was not infri…
Source excerpt
- Municipal Structures Act
- Interim Interdict
- Party List Vacancy
- Fair Administrative Action