Electoral Commission of South Africa v Democratic Alliance and Others (1068 /2019) [2021] ZASCA 103 (23 July 2021)

Elections – Electoral Act 73 of 1998 (EA) – prohibition on persons publishing false information in s 89(2) to influence outcome of election – Code of Conduct in Schedule 2 to EA – item 9(1)(b) – prohibition on parties and candidates publishing false or defamatory allegations – Electoral Commission Act 51 of 1996 (ECA) – powers of the Electoral Commission – s 5(1)(o) of ECA – limited to adjudication of disputes of administrative nature – alleged contravention of Code – member of political party fired – not a dispute of administrative nature – Electoral Commission has no jurisdiction to determine a complaint of a contravention of Code or to impose a remedy therefor.