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Administrative Law [2024] ZAEC 8

Arise South Africa v Electoral Commission of South Africa; Independent South African National Civic Organisation v Electoral Commission of South Africa (014-2024EC; 020-2024EC)

Arise South Africa v Electoral Commission of South Africa; Independent South African National Civic Organisation v Electoral Commission of South Africa (014-2024EC; 020-2024EC) [2024] ZAEC 8 (6 May 2024)

The court found that both ASA and ISANCO failed to comply with the peremptory requirements of the Electoral Act for contesting the 2024 elections. ASA did not submit the required regional candidate lists, and ISANCO failed to meet the quota of verified supporters' signatures for certain regions and provinces. The Commission's evidence, including audit trails and system verification, was accepted as more probable than the applicants' unsubstantiated claims. Disqualification occurred by operation of law, not by administrative decision, and section 28 of the Electoral Act did not grant the Commi…

  • Electoral Act Compliance
  • Candidate Nomination
  • Supporters List Quota
  • Operation Of Law Disqualification
  • Plascon Evans Principle
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