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South Africa decisions
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Good Party v Electoral Commission of South Africa and Others (004/2023 EC) [2023] ZAEC 4 (20 September 2023)
The Electoral Court dismissed a late urgent application to postpone George by-elections, finding the delay unjustified, the review grounds inadequate, and part of the relief moot.
Kham and Others v Electoral Commission and Another (006/2013) [2015] ZAGPJHC 53 (19 March 2015)
The Electoral Court lacks the statutory power to grant the mandatory relief sought by the applicants, namely to order the Commission to appoint independent forensic investigators. The relevant legislation, including the Electoral Act and the Municipal Electoral Act, provides specific procedures for objections and appeals regarding election irregularities, which the applicants failed to exhaust. The Commission's own investigation found irregularities in voter registration, but these were not material to the outcome of the by-elections. The applicants did not discharge the onus of proving that…
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Lotter v Electoral Commission and Others (006/2014) [2014] ZAEC 3 (19 May 2014)
Urgent challenge to the IEC election process was dismissed for lack of urgency, insufficient basis to remove commissioners, and failure to meet statutory requirements.
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