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

Inkatha Freedom Party, Nongoma and Another v Electoral Commission and Others (005/13)

Inkatha Freedom Party, Nongoma and Another v Electoral Commission and Others (005/13) [2014] ZAEC 1; [2014] 4 All SA 465 (Elect Ct) (3 April 2014)

Court

Electoral Court

Case number

005/13

Judges

Moshidi, Mthiyane DP, Wepener

The Electoral Commission's failure to count special votes was a purely administrative error, not tainted by fraud or unlawful conduct. The Commission possessed the discretionary power to amend the by-election result administratively under s 65(7)(a) of the Municipal Electoral Act, given the absence of serious irregularities. The referral to the Electoral Court was unnecessary and unjust, as the error could be rectified without setting aside the by-election. The Electoral Court, exercising its review powers, found that the appropriate and equitable remedy was to order the inclusion of the spec…

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• Municipal Elections
• Special Votes
• Administrative Error
• Electoral Dispute Resolution
• Right To Free And Fair Elections
• Promotion Of Administrative Justice Act

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