South Africa Case Law

Defenders of the People and Another v Electoral Commission of South Africa and Another (0016/24EC)

Defenders of the People and Another v Electoral Commission of South Africa and Another (0016/24EC) [2024] ZAEC 10 (9 May 2024)

Court

Electoral Court

Case number

0016/24EC

Judges

R Phooko, D H Zondi, Z J Shongwe, L R Adams, N Ntlama-Makhanya

The applicants failed to submit the required number of supporter signatures by the deadline stipulated in the election timetable, as mandated by section 27(2)(cB) of the Electoral Act. The evidence showed that the applicants' submissions fell short of the 15% quota required for the relevant regions and provincial legislature. The Electoral Commission's exclusion of the applicants was not based on discretion but was a consequence of statutory non-compliance. The applicants' objection did not fall within the scope of section 30 of the Electoral Act, as it did not concern nomination of candidate…

Source excerpt

• Electoral Act Compliance
• Election Timetable
• Procedural Fairness
• Irrationality Review
• Political Participation Rights