South Africa Case Law

Democratic Alliance and Another v Electoral Commission of South Africa and Others (004/2024EC)

Democratic Alliance and Another v Electoral Commission of South Africa and Others (004/2024EC) [2024] ZAEC 6 (26 April 2024)

Court

Electoral Court

Case number

004/2024EC

Judges

Zondi, Adams, Yacoob, Phooko

The court held that the word 'consulate' in section 33(3) of the Electoral Act 73 of 1998 includes consulates headed by honorary consuls. This interpretation is supported by the plain meaning of the term, the context of the legislation, and its constitutional purpose to facilitate voting for all eligible South Africans abroad. Excluding honorary consulates would unjustifiably restrict the right to vote and undermine the constitutional guarantee of free and fair elections. The Electoral Commission and the Department may not decide which consulates may facilitate voting based on administrative…

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• Right To Vote
• Statutory Interpretation
• Electoral Act Section 33
• Special Votes
• Consular Services

My Vote Counts NPC v Minister of Justice and Correctional Services and Another (CCT249/17)

My Vote Counts NPC v Minister of Justice and Correctional Services and Another (CCT249/17) [2018] ZACC 17; 2018 (8) BCLR 893 (CC); 2018 (5) SA 380 (CC) (21 June 2018)

Court

Constitutional Court

Case number

CCT 249/17

Judges

Mogoeng, Zondo, Cachalia, Dlodlo, Froneman, Goliath, Jafta, Khampepe, Madlanga, Petse, Theron

The Constitutional Court held that PAIA is deficient for failing to require recordal, preservation and access to private political funding information.

• Promotion Of Access To Information Act
• Right To Vote
• Transparency In Political Funding
• Constitutional Invalidity
• Separation Of Powers
• Access-to-information

Richter v The Minister for Home Affairs and Others (with the Democratic Alliance and Others Intervening, and with Afriforum and Another as Amici Curiae) (CCT03/09, CCT 09/09)

Richter v The Minister for Home Affairs and Others (with the Democratic Alliance and Others Intervening, and with Afriforum and Another as Amici Curiae) (CCT03/09, CCT 09/09) [2009] ZACC 3; 2009 (3) SA 615 (CC) ; 2009 (5) BCLR 448 (CC) (12 March 2009)

Court

Constitutional Court

Case number

CCT 03/09; CCT 09/09

Judges

O'Regan J, Langa CJ, Moseneke DCJ, Cameron J, Mokgoro J, Ngcobo J, Nkabinde J, Sachs J, Skweyiya J, Yacoob J

The Constitutional Court struck down restrictive absentee-voting categories, but upheld the 15-day notice period for special votes before the 2009 election.

• Right To Vote
• Electoral Act
• Special Votes
• Constitutional Limitation
• Equality
• Judicial Review

Richter v Minister of Home Affairs and Others (4044/09)

Richter v Minister of Home Affairs and Others (4044/09) [2009] ZAGPHC 21; [2009] 2 All SA 390 (T) (9 February 2009)

Court

High Courts - Gauteng

Case number

4044/09

Judge

Ebersohn

The court held that section 33 of the Electoral Act and related regulations unconstitutionally discriminate against certain categories of South African citizens abroad by denying them the right to apply for special votes. The differentiation between government employees and other citizens abroad is arbitrary, lacks rational connection to a legitimate government purpose, and cannot be justified under section 36 of the Constitution. The exclusion impairs dignity, equality, and the right to vote, which are foundational values of the Constitution. The court found that the limitation is not reason…

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• Right To Vote
• Equality Clause
• Special Votes
• Unfair Discrimination
• Limitation Of Rights
• Electoral Act Interpretation

Police and Prisons Civil Rights Union and Others v National Commissioner of the South African Police Service and Others (6163/06)

Police and Prisons Civil Rights Union and Others v National Commissioner of the South African Police Service and Others (6163/06) [2006] ZAGPHC 67 (18 July 2006)

Court

High Courts - Gauteng

Case number

6163/06

Judge

N M Mavundla

The court found that while the right to vote is constitutionally protected, section 55 of the Local Government: Municipal Electoral Act constitutes a law of general application that reasonably limits this right in the context of municipal elections. The limitation is justified by the need to ensure free and fair elections and the logistical impossibility of accommodating special votes for all deployed SAPS members at short notice. The urgency of the application was self-created, as the applicants had long been aware of the statutory framework and failed to act timeously. The court held that t…

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• Right To Vote
• Special Votes
• Limitation Of Rights
• Municipal Elections
• Urgency Procedure

Merafong Community and Others v Chairperson of the Independent Electoral Commission and Others (5673/06)

Merafong Community and Others v Chairperson of the Independent Electoral Commission and Others (5673/06) [2006] ZAGPHC 23 (16 March 2006)

Court

High Courts - Gauteng

Case number

5673/06

Judges

B M Ngoepe, W J Hartzenberg, W.L. Seriti

The court found that the applicants failed to establish a nexus between the Twelfth Constitutional Amendment and the ability to conduct free and fair elections. The unrest cited by the applicants was caused by their own actions, and they did not demonstrate that the security forces would be unable to maintain law and order or protect individuals from intimidation. The applicants had not properly raised their concerns with the Independent Electoral Commission, nor had they shown that the statutory requirements for postponement under the Municipal Electoral Act were met. The applicants had reme…

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• Municipal Elections
• Constitutional Amendment
• Right To Vote
• Local Government Demarcation

Inkatha Freedom Party v Independent Electoral Commission (3/2001)

Inkatha Freedom Party v Independent Electoral Commission (3/2001) [2001] ZAEC 3 (3 October 2001)

Court

Electoral Court

Case number

3/2001

Judges

Van der Walt, Pillay, Masipa

The Electoral Court held that the IEC had to investigate an objection about voters being chased away in ward 12, but dismissed the review and appeal for ward 5.

• Municipal Elections
• Electoral Code Of Conduct
• Right To Vote
• Review Of Administrative Action
• Municipal-elections
• Electoral-objections

Democratic Party v Minister of Home Affairs and Another (CCT11/99)

Democratic Party v Minister of Home Affairs and Another (CCT11/99) [1999] ZACC 4; 1999 (3) SA 254; 1999 (6) BCLR 607 (13 April 1999)

Court

Constitutional Court

Case number

CCT 11/99

Judges

Goldstone, Chaskalson, Langa, Ackermann, Madala, Mokgoro, Sachs, Yacoob, O'Regan

The Constitutional Court held that the Democratic Party failed to discharge the onus of proving that the impugned provisions of the Electoral Act constituted a limitation of the right to vote or amounted to unfair discrimination under section 9(3) of the Constitution. The evidence relied upon was insufficient to establish that the documentary requirements had the alleged discriminatory effect, and there was no material dispute warranting referral for oral evidence. The Court agreed with the reasoning in the New National Party case, finding that the provisions were constitutionally valid and d…

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• Right To Vote
• Equality Clause
• Electoral Act Challenge
• Unfair Discrimination
• Limitation Of Rights
• Burden Of Proof

August and Another v Electoral Commission and Others (CCT8/99)

August and Another v Electoral Commission and Others (CCT8/99) [1999] ZACC 3; 1999 (3) SA 1; 1999 (4) BCLR 363 (1 April 1999)

Court

Constitutional Court

Case number

CCT8/99

Judges

Sachs, Chaskalson, Langa, Ackermann, Goldstone, Madala, Mokgoro, O'Regan, Yacoob

The Constitutional Court held that, in the absence of any legislative provision disqualifying prisoners from voting, all prisoners retain the constitutional right to register and vote. The Electoral Commission is under a positive obligation to take reasonable steps to facilitate the registration and voting of eligible prisoners. The phrase 'ordinarily resident' in the Electoral Act must be interpreted to include prisoners as ordinarily resident in prison for the purposes of registration. The failure of the Commission to make arrangements for prisoners to register and vote constitutes a threat…

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• Right To Vote
• Universal Suffrage
• Equality Before Law
• Enfranchisement
• Electoral Act Interpretation