South Africa Case Law

Academic Congress Union v Independent Electoral Commission (006/2022EC)

Academic Congress Union v Independent Electoral Commission (006/2022EC) [2022] ZAEC 10 (6 July 2022)

Court

Electoral Court

Case number

006/2022EC

Judges

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

The application was dismissed because the applicant failed to comply with statutory requirements for lodging objections to election results, specifically the time frames and formal procedures set out in section 65 of the Municipal Electoral Act. The applicant did not join other interested parties, such as competing political parties and the municipality, who had a direct interest in the outcome. No formal objection was lodged with the IEC, and there was no evidence of any investigation or determination by the IEC regarding the alleged irregularities. The applicant did not provide sufficient e…

Source excerpt

• Electoral Dispute
• Non Joinder
• Time Barred Application
• Review Of Electoral Process
• Municipal Elections

Electoral Commission of South Africa v Cape Party and Others (1233/2017, 1268/2017)

Electoral Commission of South Africa v Cape Party and Others (1233/2017, 1268/2017) [2017] ZASCA 161 (27 November 2017)

Court

Supreme Court of Appeal

Case number

1233/2017, 1268/2017

Judges

Bosielo, Willis, Plasket, Meyer, Makgoka

The Supreme Court of Appeal held it had jurisdiction over municipal election disputes and upheld the IEC’s appeals, setting aside Electoral Court orders for recounts and a revote.

• Municipal Elections
• Jurisdiction Of Electoral Court
• Leave To Appeal
• Review Of Electoral Process
• Finality Of Electoral Orders
• Municipal-elections