South Africa Case Law

African National Congress v Chief Electoral Officer of the Independent Electoral Commission (CCT 45/09)

African National Congress v Chief Electoral Officer of the Independent Electoral Commission (CCT 45/09) [2009] ZACC 13; 2009 (10) BCLR 971 (CC) ; 2010 (5) SA 487 (CC) (3 June 2009)

Court

Constitutional Court

Case number

CCT 45/09

Judges

Moseneke, Cameron, Mokgoro, Ngcobo, Nkabinde, O'Regan, Skweyiya, Van der Westhuizen

The Constitutional Court held that section 96(1) of the Electoral Act does not oust its jurisdiction in constitutional matters, as such an interpretation would be inconsistent with section 167(3)(a) of the Constitution. The Court found that Mr Maluleka was indeed registered on the voters' roll, and the objection by the Chief Electoral Officer was based on a misunderstanding arising from two identity documents with different numbers. The Electoral Court's decision unjustifiably infringed Mr Maluleka's constitutional right to stand for election under section 19(3)(b) of the Constitution. The ur…

Source excerpt

• Electoral Act Interpretation
• Right To Stand For Election
• Jurisdiction Of Constitutional Court
• Urgent Application
• Voters Roll Qualification