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Administrative Law [2022] ZAEC 3

Kortman and Another v Electoral Commission of South Africa and Others (009/21 EC)

Kortman and Another v Electoral Commission of South Africa and Others (009/21 EC) [2022] ZAEC 3 (21 February 2022)

Court
Electoral Court
Case number
009/21 EC
Judges
Mbha JA, Shongwe AJ, Ms Pather

The court found that the objective and uncontroverted facts established a chaotic and dangerous environment at the Nkosiyakhe voting station, including intimidation, unlawful campaigning, and burning of tyres. These circumstances were not conducive to a free and fair election, as required by the Constitution and the Municipal Electoral Act. The Commission failed to adequately address or dispute the material allegations, and the ANC respondents did not answer the serious accusations. The court held that even a single act of intimidation undermines the integrity of the electoral process in a co…

Source excerpt

  • Municipal Elections
  • Free And Fair Elections
  • Electoral Code Of Conduct
  • Section 65 Objection
  • Intimidation Of Voters
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Administrative Law [2001] ZAEC 2

Pitso v Electoral Commission (1/2001)

Pitso v Electoral Commission (1/2001) [2001] ZAEC 2; [2001] 3 All SA 607 (Elect Ct) (6 April 2001)

Court
Electoral Court
Case number
1/2001
Judges
Smalberger, Tshabalala, Van der Walt, Pillay, Masipa

The court found that the appellant's objections, even if accepted, were not material to the declared result of the election in Ward 3. The alleged irregularities either did not affect the overall vote tally or were not substantiated with sufficient evidence to show they could have altered the outcome. The appellant failed to present the full facts, as his complaints related only to one of two voting stations, and the numbers demonstrated that he could not have won even if all spoilt ballots were counted in his favour. The court also held that the Electoral Commission should provide reasons fo…

Source excerpt

  • Municipal Elections
  • Electoral Code Of Conduct
  • Material Irregularity
  • Administrative Action
  • Section 65 Objection
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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.