South Africa Case Law

Khumalo v Independent Electoral Commission of South Africa (0025/24EC)

Khumalo v Independent Electoral Commission of South Africa (0025/24EC) [2024] ZAEC 20 (12 June 2024)

Court

Electoral Court

Case number

0025/24EC

Judges

Modiba, Adams, Yacoob

The court found that its review jurisdiction under section 20(1) of the Electoral Commission Act was properly engaged, as the Commission's determination that JK6 complied with regulation 9 constituted a reviewable decision relating to an electoral matter. However, the applicant, having been expelled from MKP and not challenging his expulsion, lacked locus standi to seek relief regarding MKP leadership. The application was not brought within the statutory three-day period, and the delay was unreasonable and unexplained, with no proper case for condonation. On the merits, the court accepted the…

Source excerpt

• Electoral Commission Act
• Locus Standi
• Review Jurisdiction
• Ultra Vires
• Punitive Costs
• Regulation Of Political Parties

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…

Source excerpt

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

Suid-Kaap Saamstaan v Electoral Commission of South Africa & Others (008/2022EC)

Suid-Kaap Saamstaan v Electoral Commission of South Africa & Others (008/2022EC) [2022] ZAEC 9 (28 June 2022)

Court

Electoral Court

Case number

008/2022EC

Judges

Mbha JA, Modiba J, Shongwe AJ, Professor Ntlama-Makhanya, Professor Phooko

The Electoral Court dismissed an application over party-record changes and a PR list amendment, holding that only the registered party leader may notify such changes.

• Internal Party Dispute
• Regulation Of Political Parties
• Notification Of Change In Registration
• Party List Amendment
• Internal-party-dispute
• Political-party-regulation