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South Africa Case Law

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Constitutional Law [2019] ZACC 27

New Nation Movement NPC and Others v President of the Republic of South Africa and Others (CCT110/19)

New Nation Movement NPC and Others v President of the Republic of South Africa and Others (CCT110/19) [2019] ZACC 27; 2019 (9) BCLR 1104 (CC) (3 July 2019)

Court
Constitutional Court
Case number
CCT 110/19
Judges
Cameron J, Froneman J, Jafta J, Khampepe J, Ledwaba AJ, Madlanga J, Mhlantla J, Nicholls AJ, Theron J

The Constitutional Court held that the applicants failed to establish urgency for the application for direct leave to appeal. The relief sought, as amended, did not require adjudication before the 2019 elections and would not become irrelevant if granted after the elections. The applicants' request for new ballot papers or postponement of the elections was not properly pleaded and was raised for the first time at the hearing, depriving the respondents of an opportunity to respond and preventing full ventilation of the issues. Practical and legal obstacles, including the commencement of voting…

Source excerpt

  • Electoral Act Constitutionality
  • Right To Stand For Election
  • Urgent Relief
  • Direct Appeal Procedure
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Constitutional Law [2014] ZAGPPHC 109

Economic Freedom Fighters v President of the Republic of South Africa and Others (16247/14)

Economic Freedom Fighters v President of the Republic of South Africa and Others (16247/14) [2014] ZAGPPHC 109 (11 March 2014)

Court
North Gauteng High Court, Pretoria
Case number
16247/14
Judge
T J Raulinga

The court found that the applicant failed to establish urgency, as it had sufficient time to bring the application after registration and publication of the deposit requirement. The applicant did not provide sufficient evidence of irreparable harm or substantiate the alleged prejudice to its members and supporters. The balance of convenience favoured the third respondent, as granting interim relief would disrupt the election timetable and administrative processes. The applicant also failed to comply with procedural requirements, including proper authorization for the deponent. The deposit req…

Source excerpt

  • Electoral Act
  • Interim Interdict
  • Urgency
  • Deposit Requirement
  • Right To Stand For Election
  • Constitutional Challenge
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Constitutional Law [2009] ZACC 13

African National Congress v Chief Electoral Officer of the Independent Electoral Commission (CCT 45/09)

African National Congress v Chief Electoral Officer of the Independent Electoral Commission (CCT 45/09) [2009] ZACC 13; 2009 (10) BCLR 971 (CC) ; 2010 (5) SA 487 (CC) (3 June 2009)

Court
Constitutional Court
Case number
CCT 45/09
Judges
Moseneke, Cameron, Mokgoro, Ngcobo, Nkabinde, O'Regan, Skweyiya, Van der Westhuizen

The Constitutional Court held that section 96(1) of the Electoral Act does not oust its jurisdiction in constitutional matters, as such an interpretation would be inconsistent with section 167(3)(a) of the Constitution. The Court found that Mr Maluleka was indeed registered on the voters' roll, and the objection by the Chief Electoral Officer was based on a misunderstanding arising from two identity documents with different numbers. The Electoral Court's decision unjustifiably infringed Mr Maluleka's constitutional right to stand for election under section 19(3)(b) of the Constitution. The ur…

Source excerpt

  • Electoral Act Interpretation
  • Right To Stand For Election
  • Jurisdiction Of Constitutional Court
  • Urgent Application
  • Voters Roll Qualification
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.