South Africa Case Law

Democratic Alliance v Independent Communications Authority of South Africa and Another (2024/029892)

Democratic Alliance v Independent Communications Authority of South Africa and Another (2024/029892) [2024] ZAGPJHC 319 (30 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/029892

Judge

L.J. du Bruyn

The court found that the amended regulation 4(2) imposed a severe limitation on the applicant's rights to freedom of expression and political participation by preventing the submission of responsive political election broadcasts after a fixed cut-off date. ICASA failed to provide sufficient evidence or justification for this limitation under section 36 of the Constitution, relying instead on unsubstantiated claims of administrative and financial convenience. The court held that such convenience cannot outweigh the fundamental rights at stake, especially in the context of elections where robus…

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• Political Rights
• Election Broadcast Regulation
• Limitation Of Rights
• Section 36 Analysis
• Freedom Of Expression
• Administrative Convenience

One Movement South Africa NPC v President of the Republic of South Africa and Others (CCT 158/23)

One Movement South Africa NPC v President of the Republic of South Africa and Others (CCT 158/23) [2023] ZACC 42; 2024 (3) BCLR 364 (CC); 2024 (2) SA 148 (CC) (4 December 2023)

Court

Constitutional Court

Case number

CCT 158/23

Judges

Zondo, Maya, Kollapen, Mathopo, Mhlantla, Rogers, Schippers, Theron, Van Zyl

The Constitutional Court struck down the independent-candidate signature threshold in section 31B(3), suspended invalidity for 24 months, and dismissed the recalculation challenge.

• Electoral Act
• Political Rights
• Limitation Of Rights
• Proportional Representation
• Freedom Of Association
• Constitutional Invalidity

Februarie and Another v Electoral Commission of South Africa and Another (003/2023 EC)

Februarie and Another v Electoral Commission of South Africa and Another (003/2023 EC) [2023] ZAEC 3 (1 August 2023)

Court

Electoral Court

Case number

003/2023 EC

Judges

Zondi JA, Modiba J, Shongwe AJ, Ntlama-Makhanya, Phooko

The Court found that the applicants lacked locus standi to bring the application, as previously determined by both the Electoral Court and the Northern Cape High Court. The application was also barred by res judicata, as it sought substantially the same relief based on the same cause of action as prior proceedings. Regulation 9 was held to be constitutional, as it serves to protect both the IEC and political parties from internal disputes and does not infringe on political rights. The IEC acted lawfully and within its mandate by refusing to amend SCM's particulars without a request from the r…

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• Political Rights
• Regulation Of Political Parties
• Judicial Review
• Locus Standi
• Res Judicata

Sithole and Others v African National Congress and Others (020623/2022)

Sithole and Others v African National Congress and Others (020623/2022) [2023] ZAGPJHC 791; [2023] 3 All SA 890 (GJ) (17 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

020623/2022

Judge

Fisher

The court found that the exclusion of branches from the Ekurhuleni Regional Conference was not based on any empowering provision in the ANC constitution or guidelines, and the process was procedurally and substantively unfair. The complaints leading to disqualification were not properly lodged, and the decision to quarantine votes was arbitrary and not provided for in the rules. The ANC's reliance on the '70% rule' was misconstrued; it is a quorum requirement, not a license to deny minority members their rights. The irregularities were material, as the quarantined votes could have determined…

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• Political Rights
• Internal Party Democracy
• Ultra Vires
• Procedural Fairness
• Setting Aside Elections
• Section 19 Constitution

Action SA v The Electoral Commission of South Africa (006/2021/EC)

Action SA v The Electoral Commission of South Africa (006/2021/EC) [2022] ZAEC 2 (18 January 2022)

Court

Electoral Court

Case number

006/2021/EC

Judges

Mbha JA, Shongwe AJ, Moshidi AJ, Ms Pather

The majority held that the Electoral Commission acted lawfully and constitutionally in excluding Action SA's name from the ward ballot paper, as the applicant had not registered an abbreviated name as required for inclusion in the relevant section of the ballot. The Commission's powers under section 23 of the Municipal Electoral Act were exercised properly, and its approach was consistent with statutory requirements and the need for fairness among all political parties. The applicant's failure to register an abbreviation was a self-created problem, and the Commission could not unilaterally as…

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• Electoral Commission Powers
• Ballot Paper Design
• Political Rights
• Promotion Of Administrative Justice Act
• Statutory Interpretation

Economic Freedom Fighters v Ramaphosa and Others (36809/2020)

Economic Freedom Fighters v Ramaphosa and Others (36809/2020) [2021] ZAGPPHC 457 (20 July 2021)

Court

North Gauteng High Court, Pretoria

Case number

36809/2020

Judge

Sardiwalla

The High Court refused to uplift the sealing of an FIC report, holding that the applicant had no established right to disclosure and costs followed.

• Open Justice
• Political Rights
• Confidential Information
• Financial Intelligence Centre Act
• Public Interest Limitation
• Open-justice

United Democratic Movement and Another v Lebashe Investment Group (Pty) Ltd and Others (1032/2019)

United Democratic Movement and Another v Lebashe Investment Group (Pty) Ltd and Others (1032/2019) [2021] ZASCA 4; [2021] 2 All SA 90 (SCA) (13 January 2021)

Court

Supreme Court of Appeal

Case number

1032/2019

Judges

Cachalia, Mbha, Molemela, Makgoka, Sutherland

The Supreme Court of Appeal held that an interim defamation interdict was not appealable and struck the appeal from the roll with costs.

• Interim Interdict
• Appealability Of Orders
• Defamation
• Freedom Of Expression
• Political Rights
• Irreparable Harm

Jankielsohn v Booysen and Others (859/2018)

Jankielsohn v Booysen and Others (859/2018) [2019] ZAFSHC 215; [2020] 1 All SA 214 (FB) (11 November 2019)

Court

Free State High Court, Bloemfontein

Case number

859/2018

Judge

DAFFUE

The court found that the defendants' repeated references to the plaintiff as a 'racist' and 'white supremacist' were prima facie defamatory and not justified by any factual basis. The statements were published recklessly and with malice, amounting to advocacy of hatred based on race and incitement to cause harm, which is excluded from constitutional protection under section 16(2)(c). The defendants failed to prove that their conduct was protected by freedom of expression or political rights. The plaintiff's right to dignity and reputation was infringed, and he was entitled to compensation. Th…

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• Defamation
• Freedom Of Expression
• Dignity
• Political Rights
• Hate Speech
• Solatium

New Nation Movement PPC and Others v President of the Republic of South Africa and Others (17223/18)

New Nation Movement PPC and Others v President of the Republic of South Africa and Others (17223/18) [2019] ZAWCHC 43; 2019 (5) SA 533 (WCC) (17 April 2019)

Court

Western Cape High Court, Cape Town

Case number

17223/18

Judge

Desai

The court held that Section 19(3)(b) of the Constitution does not expressly confer a right to stand for public office as an independent candidate at national or provincial level. The Constitution establishes a multi-party system and grants Parliament discretion to determine the electoral system, which currently operates on a party-list basis. The applicants' reliance on obiter dicta from My Vote Counts is misplaced, as those remarks are not binding and are contradicted by other Constitutional Court decisions. The absence of legislative facilitation for independent candidates does not render t…

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• Political Rights
• Electoral System
• Independent Candidates
• Section 19 Constitution
• Party List System

Motswana and Others v African National Congress and Others (35398/18)

Motswana and Others v African National Congress and Others (35398/18) [2019] ZAGPJHC 4 (6 February 2019)

Court

South Gauteng High Court, Johannesburg

Case number

35398/18

Judge

Kathree-Setiloane

The High Court set aside the ANC’s decision to dissolve the North West PEC, finding the process procedurally unfair and contrary to the party’s constitution.

• Political Rights
• Procedural Fairness
• Internal Party Democracy
• Audi Alteram Partem
• Declaratory Relief
• Interdictory Relief