MEC Co-operative Governance, Human Settlements and Traditional Affairs, Northern Cape v Independent Electoral Commission and Others (007/14)
MEC Co-operative Governance, Human Settlements and Traditional Affairs, Northern Cape v Independent Electoral Commission and Others (007/14) [2015] ZAEC 3 (13 May 2015)
The court held that the mere appearance of Councillor Jonas's name on the EFF candidate list did not constitute membership of the EFF. Membership of a political party is a voluntary act requiring choice and acceptance, not an automatic consequence of nomination. Jonas denied membership in both correspondence and affidavit, and no factual evidence was presented to prove otherwise. The applicant failed to establish that Jonas became a member of the EFF, and therefore no vacancy arose in terms of s 27(f)(ii) of the Municipal Structures Act. The Electoral Commission's refusal to call a by-electio…
Source excerpt
- Municipal Structures Act
- Vacation Of Office
- Political Membership
- Electoral Review