South Africa Case Law

African National Congress v Electoral Commission of South Africa and Others (001/2024EC)

African National Congress v Electoral Commission of South Africa and Others (001/2024EC) [2024] ZAEC 3 (26 March 2024)

Court

Electoral Court

Case number

001/2024EC

Judges

L T Modiba, Z J Shongwe, L R Adams, R Phooko, N Ntlama-Makhanya

The Electoral Court found that the ANC failed to provide a reasonable explanation for its delay in bringing the application and was non-suited by operation of law, having failed to object to MK's registration during the statutory objection periods. The Court held that it lacked jurisdiction to review the DCEO's decision, as the ANC did not challenge the correct decision under the Electoral Commission Act. On the merits, the Court interpreted section 15(1) of the Act to allow supplementation of an application for registration of a political party, provided the application in the prescribed man…

Source excerpt

• Registration Of Political Parties
• Judicial Review
• Legality Principle
• Electoral Dispute Resolution

African Alliance v Electoral Commission (006/11 IEC)

African Alliance v Electoral Commission (006/11 IEC) [2011] ZAEC 5 (13 May 2011)

Court

Electoral Court

Case number

006/11 IEC

Judges

Pillay, Mthiyane, Masipa

The Electoral Court dismissed African Alliance’s urgent bid to compel the Electoral Commission to accept election documents submitted at the wrong office.

• Municipal Elections
• Registration Of Political Parties
• Submission Of Election Documents
• Municipal-elections
• Political-party-registration
• Election-documents

Cape Party v Electoral Commission and Another (1/09)

Cape Party v Electoral Commission and Another (1/09) [2009] ZAEC 1 (1 January 2009)

Court

Electoral Court

Case number

1/09

Judge

R Pillay

The Electoral Court dismissed Cape Party’s appeal against COPE’s registration, holding that the names CAPE and COPE would not confuse a reasonable informed voter.

• Registration Of Political Parties
• Party Abbreviation Confusion
• Electoral Commission Decisions
• Political-party-registration
• Electoral-law
• Party-name-confusion