|
Citation
|
Judgment date
|
| December 2025 |
|
|
Res judicata barred relitigation of a party leadership dispute where two extant high‑court judgments addressed the same parties and relief.
Electoral law – leadership dispute in registered party – res judicata – conflicting extant High Court orders – s 20(2A) Electoral Commission Act – discretionary refusal to admit supplementary affidavit – finality and avoidance of forum shopping.
|
3 December 2025 |
| September 2025 |
|
|
Urgent review to halt a by-election struck from roll for non-compliance with Electoral Court time rules and lack of standing.
Electoral law — review under s 20 of the Electoral Commission Act — urgency requirement and obligation to comply with Electoral Court Rules (rules 6 and 10) — condonation for late institution — locus standi where deployed councillor ceases to be party member — application struck from roll.
|
19 September 2025 |
| June 2025 |
|
|
Applicant failed to prove non-compliance with a Rule 35(12) production notice; compressed files accessible and algorithm demand was beyond the notice.
Civil procedure — Rule 35(12) — production of documents and recordings — accessibility of compressed electronic files — obligation to notify and take reasonable steps to access provided materials — Rule 30A discretionary relief — goal‑shifting; election law — disclosure requests for electoral system algorithms not within Rule 35(12) demand.
|
24 June 2025 |
| March 2025 |
|
|
The Commission may accept nominations only from a party’s registered contact; applicant’s failure to update contact details barred relief.
Electoral law – Regulation 9 (Registration of Political Parties) – notification of change in party particulars and identity of registered contact person; Electoral Commission – acceptance of candidate nominations only from registered contact/leader; administrative fairness – Commission’s duty to manage processes efficiently but not to resolve internal party disputes; urgency and condonation in electoral matters; postponement of elections as extraordinary remedy.
|
6 March 2025 |
| January 2025 |
|
|
Applicant’s vague, unproven allegations of material electoral irregularities failed; application dismissed for lack of evidence and procedural non-compliance.
Electoral law – objections material to final results (s 55 Electoral Act) – requirements for lodging and prosecuting objections – failure to exhaust statutory procedure fatal; Evidence – allegations of electoral irregularities must be specific, credible and admissible; Jurisdiction – Electoral Court cannot declare invalidity of Acts of Parliament; Procedural law – proper service and joinder of interested parties necessary.
|
14 January 2025 |
| November 2024 |
|
|
Condonation refused where s55/Reg31 non-compliance, inadequate delay explanation, and absence of affected parties' joinder.
Electoral law — objections under s 55 of the Electoral Act and compliance with Regulation 31; condonation for late filing of appeal — factors and standard; joinder of interested parties; prospects of success.
|
25 November 2024 |
|
Application to compel the Electoral Commission to change party leadership records dismissed for lis pendens, non-joinder and vexatious litigation.
Electoral law – party leadership disputes – lis pendens and non-joinder – court will not adjudicate matters pending before another forum; punitive costs where litigation is frivolous and vexatious.
|
19 November 2024 |
|
No prima facie evidence of misconduct; Electoral Court has discretion over rule 8 procedures and declines further investigation.
Rule 8 / s 20(7) – Investigations into commissioners – procedural discretion of Electoral Court; complainant cannot prescribe procedure; prima facie evidence required to trigger inquiry; duty to disclose international proceedings; standing and mootness; costs against frivolous complaints.
|
6 November 2024 |
| October 2024 |
|
|
Late electoral challenge by independent candidate dismissed for delay, non‑joinder, lack of jurisdiction, and failure to show rights violations.
Electoral law — urgency and condonation — self‑created delay and mootness; Seat allocation — governed by Constitution s105(2) and Schedule 3 — court cannot reallocate seats outside statutory formula post‑election; Non‑joinder — President must be joined where proclamation of election timetable is contested; Jurisdiction — Electoral Court lacks competence over ICASA/SABC broadcasting matters; Procedural remedies — timely review required for ballot/registration complaints.
|
29 October 2024 |
|
Procedural omission and paper hearing did not justify leave to appeal; omission not fatal and would not change outcome.
Application for leave to appeal — procedural irregularity in court directive (no date for replying affidavit) — whether omission fatal — whether matter could be decided on the papers — prior conduct and failure to seek clarification — no reasonable prospect of different outcome — leave refused.
|
28 October 2024 |
|
Applicant allowed to withdraw but ordered to pay punitive attorney-client costs for procedural irregularities and repeated litigation.
Uniform Rule 41 withdrawal after set-down; procedural irregularity of unilateral withdrawal; exceptional circumstances justifying punitive attorney-client costs; access to courts vs. vexatious litigation; Vexatious Proceedings Act as available remedy.
|
25 October 2024 |
|
Application to overturn party management’s extension and compel elections dismissed as meritless re-litigation.
Electoral law – s 20(2A) Electoral Commission Act – Court’s jurisdiction to determine disputes about membership, leadership and constitution of a registered party/organisation. Internal party disputes – whether continuation of a management structure until next election lawful. Constitutional rights – alleged limitation of members’ s 19(1)(b) political rights and justiciability. Procedural law – re-litigation/disguised appeal and prior judgments as decisive. Civil procedure – joinder of third parties (bank) and appropriateness of relief. Costs – approach to costs in constitutional litigation.
|
24 October 2024 |
|
Electoral Court finds presidential address did not misuse public office or funds to influence the election; application dismissed.
Electoral law – jurisdiction of Electoral Court to hear matters as court of first instance – Item 9(2)(e) Electoral Code; s 87(1)(g) Electoral Act – abuse of public office and use of public funds for political campaigns – interpretive approach balancing prevention of undue influence with freedom of expression and presidential duties – objective reasonable-observer test to determine electioneering.
|
21 October 2024 |
| July 2024 |
|
|
The Court found respondents' public threats to disrupt elections breached the Electoral Act but did not establish contempt of court.
Electoral law – jurisdiction – Electoral Court may sit as court of first instance where sanctions/disqualification under s 96 sought; s 96(1) does not oust higher courts' constitutional jurisdiction. Electoral law – prohibited conduct – statements threatening violence and undermining elections constitute contraventions of ss 87(1)(a)–(c) and 87(2) of the Electoral Act. Constitutional law – freedom of expression – threats and incitement to imminent violence fall outside s 16 protection. Contempt – civil contempt requires breached court orders; scandalising the court is a criminal matter. Remedies – proportional sanctions: suspended fines with conditions; counter-application dismissed for non-compliance with procedural rules.
|
3 July 2024 |
|
Electoral Court dismisses late, repetitive challenges to election proclamation for lack of jurisdiction, urgency, and statutory challenge.
Electoral law – Proclamation of elections – Rule 6 review time limits – Urgency under Rule 12(3) – Jurisdiction to challenge Presidential proclamation – Constitutional subsidiarity and necessity to challenge Electoral Act when conduct complies with statute – Non-joinder of President/Premiers – Relief against JSC/PLC incompetent – Costs for vexatious/repetitive litigation.
|
3 July 2024 |
|
An objection under s55(5) cannot be used to challenge the constitutionality of Schedule 1A seat-allocation legislation.
Electoral law – s 55(5) Electoral Act – jurisdiction to review Commission decisions – challenge to Schedule 1A allocation formula (legislation) not cognisable under s 55 – urgency and joinder issues – Constitutional Court precedent upholding allocation system.
|
3 July 2024 |
| June 2024 |
|
|
An expelled party member lacked standing and unreasonable delay barred urgent Electoral Court review of a party‑leadership record change.
Electoral law – review jurisdiction under s 20(1)(a) of Electoral Commission Act – updating party registration particulars constitutes a reviewable decision. Standing – expelled former member lacks locus standi to litigate internal party leadership disputes. Urgency/condonation – Rule 6 and s 20(1)(b) time limits; unexplained delay bars review and condonation refused. Evidentiary standard – Plascon‑Evans rule in motion proceedings; forgery allegation unsupported without expert proof. Regulation 9 – written notice requirement met; Commission reasonably acted on liaison person’s transmission. Costs – punitive costs justified for frivolous litigation, abuse of process and perjury.
|
12 June 2024 |
|
Court ordered recognition of the applicant’s interim leadership but refused funding and bank-account relief absent statutory power or joinder.
Electoral law – recognition of party leadership – court compelled recognition of an internally elected Interim National Executive Committee after intra-party disputes were resolved. Political Party Funding Act – s 16(1)(b) – power to suspend and uplift payments vests in the Electoral Commission; courts should not usurp that statutory power absent arbitrariness. Civil procedure – non-joinder – relief against a bank cannot be granted where the bank, having a direct and substantial interest, is not joined. Urgency and condonation – electoral matters are inherently urgent; condonation may be granted where application is timeous and interest of elections is implicated.
|
7 June 2024 |
|
Review dismissed for non-compliance with rule 6 time limit; no condonation for unreasonable delay.
Electoral law – Review under s 20 Electoral Commission Act and rule 6 – timeliness and condonation requirements for review of Commission decisions. Principle of legality – review not exempt from time limits; undue delay must be explained and condoned. Party leadership disputes – necessity of timely resolution for electoral administration. Locus – party NWC resolution authorising litigation suffices to confer authority to sue.
|
4 June 2024 |
| May 2024 |
|
|
Applicant excluded for failure to have the statutory deposit received by the election timetable deadline; substantial compliance insufficient.
Electoral law – Election Timetable and s 27(2) of the Electoral Act – requirement that deposit be received by respondent by deadline – no condonation for late payment. Interpretation – purposive approach (Endumeni) balanced with the statutory language and integrity of electoral timetable. Substantial compliance – attempted or reversed payments that did not result in receipt by deadline insufficient. Review – respondent’s decision to exclude party for non‑payment was lawful and not reviewable.
|
21 May 2024 |
|
Independent candidates must submit 1,000 verified regional supporter signatures; failure disqualifies them and s31C does not allow rectification.
Electoral law – Independent candidates – Requirement to submit at least 1,000 verified voter-supporter names, identity numbers and signatures per National Assembly region contested (s 31B(3)(a)(i) read-in). Electoral law – Section 31C – narrowly circumscribed remedial powers of the Chief Electoral Officer; does not permit curing a shortfall in supporter numbers. Administrative law – No discretion to condone failure to meet peremptory electoral timetable deadlines. Civil procedure – Plascon-Evans principle applied to resolve disputed facts on affidavits.
|
20 May 2024 |
|
Failure to meet peremptory Electoral Act supporter-list submission disqualifies the party; Commission lacks power to condone.
Electoral law – s 27(2)(cB) Electoral Act – prescribed submission of supporters’ names, identity numbers and signatures via OCNS by timetable deadline – peremptory requirement; non-compliance disqualifies by operation of law. Administrative law – no inherent discretion to condone failure to meet peremptory statutory deadlines; Commission not obliged to accept emailed late submissions. Judicial review – irrationality challenge dismissed where statutory non-compliance rather than an impugned administrative decision is determinative. Evidence – factual disputes on affidavits resolved under Plascon-Evans; on the probabilities the Commission’s account accepted.
|
13 May 2024 |
|
Electoral Court lacks jurisdiction to decide if the presidential proclamation complied with s 49(2); application dismissed.
Constitutional law – Jurisdiction – s 167(4)(e) exclusive jurisdiction of the Constitutional Court to decide whether the President failed to fulfil a constitutional obligation – Electoral proclamation under s 49(2). Electoral law – Presidential proclamation of election dates – reviewability and forum – interplay between s 49(2) Constitution and s 17 Electoral Act. Civil procedure – timing and forum for constitutional challenges to election-related legislation or proclamations. Administrative/constitutional principle – executive acts remain valid until set aside by a competent court.
|
13 May 2024 |
|
Electoral Court set aside unlawful party expulsions and municipal seat changes, reinstating applicants and restoring the original PR list.
Electoral law; section 20(2A) jurisdiction to resolve intra‑party disputes; validity of party disciplinary proceedings; PR candidate lists and municipal seat replacements; review and setting aside of unlawful expulsions and consequential administrative acts.
|
13 May 2024 |
|
Applicant failed to prove authorised notification, cannot manufacture a deemed decision date, application dismissed.
Electoral law – replacement of proportional-representation councillor – s 27(1)(c) and (2) Structures Act – authorised representative requirement; Administrative law – reviewability and deemed decisions – litigant-imposed deadlines; Electoral Commission – due diligence when faced with intra-party disputes; Interaction between party-registration Regulations and Structures Act.
|
13 May 2024 |
|
Whether political parties complied with mandatory accounting and disclosure obligations and whether administrative fines should be imposed.
Political Party Funding Act s 12 & Regulation 10 – mandatory accounting, audit and submission of audited financial statements and auditor’s opinion within six months. Administrative fines – s 18 grants Commission discretion to institute proceedings; Electoral Court retains discretion to impose fines. Defences – lack of funds, ignorance, dormancy or deregistration do not generally excuse non-compliance with peremptory statutory obligations. Relief – declaratory relief and graduated administrative penalties imposed; one respondent exempted due to substantial compliance and dissolution.
|
10 May 2024 |
|
Applicant’s exclusion upheld for failing to meet statutory supporter-signature quotas and election timetable deadlines.
Electoral law – Section 27(2)(cB) – supporter-signature quotas for unrepresented parties – requirement of 15% of regional/provincial quota. Election timetable – mandatory deadlines – essential to free and fair elections; no ad hoc condonation. Review – irrationality challenge fails where exclusion follows operation of law due to statutory non‑compliance. Objections under s 30 do not remedy failure to meet timetable or statutory signature requirements.
|
9 May 2024 |
|
Applicant’s failure to comply with election timetable—due to late/incorrect portal use—justified disqualification; application dismissed.
Electoral Act s27(2) – Submission of candidate lists; compliance with election timetable; online nomination portal functionality; review of disqualification for failure to submit lists; condonation for late affidavits; importance of strict adherence to election deadlines to maintain fairness and neutrality.
|
8 May 2024 |
|
Failure to submit prescribed candidate/supporter lists by the deadline disqualifies a party; limited rectification under s28 only.
Electoral law – candidate lists and supporter signatures – s 27(1), s 27(2)(cB), item 3(2) Schedule 1A – failure to submit lists/meet quotas disqualifies party ex lege; s 28 permits only limited rectification; OCNS verification/audit-trail determinative; Plascon-Evans factual appraisal; administrative inclusion error not binding.
|
6 May 2024 |
| April 2024 |
|
|
'Consulate' in s 33(3) includes consulates headed by honorary consuls; Commission's exclusion reviewed and set aside.
Electoral law – interpretation of 'consulate' in s 33(3) of the Electoral Act and reg 10(3) of the Election Regulations – whether consulates headed by honorary consuls are included – statutory interpretation (text, context, purpose) – constitutional right to vote (s 19) – review of Commission's decision refusing special votes at honorary consulates.
|
26 April 2024 |
|
Non-joinder and pending parallel proceedings precluded compelling the Electoral Commission to recognise one party faction over another.
Electoral law – party leadership disputes – recognition by Electoral Commission – status quo pending appeal – non-joinder of directly interested parties – forum shopping and concurrent proceedings – relief sought without review of Commission decision.
|
26 April 2024 |
|
The Electoral Commission erred in disqualifying a candidate under s 47(1)(e); objections must be interpreted with the appeals proviso and bias not established.
Electoral law – s 30 Electoral Act – pre‑election objections – Commission’s authority to determine eligibility under s 47(1)(e) of the Constitution; Constitutional law – s 47(1)(e) disqualification for sentences over 12 months – interpretation and proviso about appeals; Executive power – Presidential remission under s 84(2)(j) – legal effect on sentence; Administrative law – reasonable apprehension of bias – media statements insufficient to disqualify decision‑makers.
|
26 April 2024 |
|
Applicants failed to meet statutory nomination deadlines; OCNS held fit for purpose and strict timetable enforcement upheld; applications dismissed.
Electoral law – Election Timetable (s 20, Electoral Act) – Cut‑off for submission of candidate lists and independent nominations (item 9, s 27) – Enforcement of deadlines – Online Candidate Nomination System (OCNS) – Alleged system malfunction vs. applicant unpreparedness – Integrity and perception of free and fair elections – Scope for ad hoc extensions – Digital‑divide and access concerns (dissent).
|
15 April 2024 |
| March 2024 |
|
|
Whether the applicant could review the CEO's registration decision under s15(1) — court found the registration lawful.
Electoral Commission Act s15(1) – registration 'upon application' – textual, contextual and purposive interpretation; supplementation of registration applications permitted; s16(2)(b) objection period and locus standi; urgency and condonation requirements for electoral review proceedings; jurisdiction of Electoral Court to review DCEO decisions; balance of electoral rights in interpretation.
|
26 March 2024 |
| February 2024 |
|
|
Applicants’ post‑election leadership elections were invalid under the party constitution; non‑joinder of the party was dispositive.
Electoral Court jurisdiction – s20(2A) Electoral Commission Act – internal party disputes; Constitutional interpretation of party founding document – term and authority of founding management; Non‑joinder – party and members with direct substantial interest must be joined; Declaratory relief – discretion to refuse where unnecessary.
|
22 February 2024 |
| January 2024 |
|
|
Court dismissed review: mandatory 1,000 valid signatures required and name likely to confuse voters, application refused with costs.
Electoral law – Registration of political parties – Section 15 mandatory compliance with deed of foundation and 1,000 registered‑voter signatures; no discretion to condone non‑compliance. – Section 16(1)(b) – discretion to refuse registration where proposed name may deceive or confuse voters; protection of voters paramount. – Condonation – short delay, constitutional rights weigh in interests of justice. – Administrative law – rationality and legality of decision; unproven allegations of fraud and abuse of process justify costs.
|
16 January 2024 |
| September 2023 |
|
|
|
29 September 2023 |
|
Urgent application to postpone by-elections dismissed for self-created urgency, delay, non-compliance and lack of substantive evidence.
Electoral law — By-elections — Election timetables and pre-inspection windows — Urgency — self-created urgency — delay and non-compliance with procedural time limits — Review procedure — Requirement to set out decision and grounds (Rule 6) — Insufficient evidence to justify postponement — Mootness of interdicting special voting.
|
20 September 2023 |
| August 2023 |
|
|
Application to compel IEC to amend party registration and invalidate Regulation 9 dismissed for lack of standing and res judicata.
Electoral Court jurisdiction – s20(1)(a), s20(2)(b) and s20(2A); locus standi of party members to act for registered party; res judicata in factional leadership litigation; constitutionality of Regulation 9 (party registration amendments); IEC’s duties under s5(1)(f) of the Electoral Act; justiciability of alleged expiry of party management structures.
|
1 August 2023 |
| June 2023 |
|
|
Electoral Court lacks jurisdiction to grant interim interdicts in matters outside s20 of the Electoral Commission Act.
Electoral Court – Jurisdiction – Section 20 of the Electoral Commission Act 1996 – Review of Commission decisions relating to electoral matters; disputes about party membership, leadership, constitution or founding instruments – Interim interdicts falling outside s20 beyond Electoral Court’s jurisdiction.
|
8 June 2023 |
| February 2023 |
|
|
Failure to pay the prescribed by-election deposit by the cut-off is mandatory disqualification; late review not condoned.
Municipal by-elections — payment of prescribed deposit (section 14(1)(b) LG: Municipal Electoral Act) — mandatory, peremptory requirement — non-compliance results in disqualification; condonation for late review — factors and refusal; joinder/intervention where competing candidate affected.
|
17 February 2023 |
| December 2022 |
|
|
Applicant unable to compel party registration as 14‑day statutory publication requirement had not been met; application dismissed.
Electoral law – Registration of political parties – Section 15(4A) and 16(1) Electoral Commission Act – 14‑day publication requirement peremptory; CEO lacks discretion to register before compliance; refusal to issue premature certificate lawful. Procedural law – Urgent review – Non‑joinder – Postponement of elections requires proper joinder/notice and substantive basis.
|
30 December 2022 |
|
A district-seat allocation provision allows surpluses to compete once; extra repeated allocations were unlawful, requiring affected councillors’ removal.
Local government – Allocation of district council seats – Interpretation of item 20(2)(a) of Schedule 2 to the Structures Act – Surpluses compete once; remaining seats may remain unfilled – Principle of legality review; delay overlooked in interests of justice – Just and equitable relief preserving past council decisions and remuneration – Non-joinder not fatal.
|
1 December 2022 |
| July 2022 |
|
|
Application for municipal recount dismissed for procedural non-compliance, non-joinder and insufficiently particularised evidence.
Electoral law – procedural prerequisites for challenging election results – requirement to lodge formal objection under s 65 MEA and show good cause for late objections – non-joinder of interested parties – need for particularised allegations and evidence before ordering recounts or setting aside results.
|
6 July 2022 |
| June 2022 |
|
|
Regulation 9 requires the registered party leader to notify changes in writing; Commission cannot accept notifications from others.
Electoral law – Regulation 9 (Registration of Political Parties) – requirement that changes to party particulars be notified in writing by the registered leader; Electoral Commission’s refusal to accept notifications from other persons; internal party disputes – Commission not competent to resolve leadership expulsions; procedural compliance required to amend PR candidate lists.
|
28 June 2022 |
|
Application to set aside dismissal of an electoral objection dismissed for lack of particularity, non-compliance with s65 and procedural defects.
Electoral law – objections under s65 – materiality and supporting-document requirements – new allegations not raised before Commission – exhaustion of internal remedies – procedural defects: absence of founding affidavit and non-joinder of necessary parties – condonation for late filing.
|
17 June 2022 |
| April 2022 |
|
|
Application to review election outcome dismissed for procedural non-compliance and unsubstantiated allegations of electoral irregularities.
Electoral law – review of Electoral Commission decision under s65(9) – procedural compliance and timelines; authority to litigate; joinder of interested parties; Plascon-Evans application where no replying affidavit filed; unsubstantiated electoral irregularity allegations.
|
22 April 2022 |
|
The Court upheld the Commission’s refusal to intervene in an internal party leadership dispute and dismissed the review for procedural defects.
Electoral law – Regulation 9 – party particulars and Deed of Foundation – notification requirements; internal party disputes – membership/leadership disputes outside IEC mandate; locus standi – authority of party deponent; lis alibi pendens – pending High Court matter precluding review; Municipal Structures Act – procedure for filling vacant municipal seats and amending party lists.
|
22 April 2022 |
| March 2022 |
|
|
Applicant lacked standing, sought incompetent dissolution relief, and failed to establish electoral misconduct; application dismissed.
Electoral law – standing and capacity to sue – requirements to contest local elections (ss 14, 17 MEA) – objections procedure (s 51 MEA) – materiality of objections (s 65 MEA) – non-joinder – limits of court powers versus provincial executive (s 139 Constitution) – application of Plascon-Evans in motion proceedings.
|
29 March 2022 |
| February 2022 |
|
|
Applicant’s s 65 objection dismissed for lack of specificity, supporting evidence and materiality to election result.
Electoral law – Local Government: Municipal Electoral Act s 65 – objections must be material to election result and supported by particulars (s 65(2)(h)); relief must be competent under s 65(10); bald, unsubstantiated allegations insufficient; IEC dismissal upheld as rational.
|
22 February 2022 |