Citation
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Judgment date
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March 2025 |
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Application to compel Electoral Commission (EC) to recognise nomination of candidate submitted by person other than one who is the registered contact of the party with EC – EC declines to do so – does not involve itself in internal party disputes – review of EC’s decision to withdraw nomination of candidate submitted to it by a non-registered contact person of the party – no case made for the relief sought – application dismissed.
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6 March 2025 |
January 2025 |
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Electoral Act 73 of 1998 – chapter 4 (ss 55-56) – regulate any and all objects to the outcome of an election – objections material to final results of election – application for declaratory relief in relation to the validity and the lawfulness of the 2024 National and Provincial Elections (NPE) – application for order declaring the said elections not to have been 'free and fair' – application for order declaring s 24A of the Electoral Act unconstitutional – s 24A requires a voter to vote only in the voting district where she/he is registered – applicant alleges irregularities – therefore, NPE were not ‘free and fair’ – results of the 2024 NPE, as declared by the Commission on 2 June 2024, should be reviewed and set aside – factually found that applicant did not make out case for the relief sought – application lacks credible evidence – respondents’ legal points in limine also upheld – application dismissed with no order as to costs
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14 January 2025 |
November 2024 |
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Application for leave to appeal – dismissal of the applicant’s objection by the Electoral Commission for lack of compliance with s 55 of the Electoral Act 73 of 1998 read with Rule 31 of the Elections Regulations – application for leave to appeal against dismissal of objection - late explanation for delay not satisfactory – failure to join interested parties – appeal has no reasonable prospects of success –the application for condonation for the late filing of the application for leave to appeal is dismissed
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25 November 2024 |
Application by applicant for declaratory relief to compel Electoral Commission – to recognise and register him as lawful leader of a registered party – application pending before another court – held application frivolous and vexatious – non-joinder and non-service on intervening party points in limine upheld – intervening party has a direct and substantial interest in the subject-matter of the litigation – application dismissed with punitive costs.
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19 November 2024 |
Request for investigation in terms of s 20(7) of Electoral Commission Act 51 of 1996 read with rule 8 of Electoral Court Rules – complainant demands particular responses and nature of investigation – not supported by preliminary investigation procedure – prima facie evidence not established to support further investigation – request declined. Procedure – discretion of court – not for complainant to demand allocation of scarce court resources – other avenues available
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6 November 2024 |
October 2024 |
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Application to compel Electoral Commission to keep open process of allocation of seats in the Free State Legislature - allocation of seat to applicant in the Free State Legislature – delay in confirmation of the independent candidate's eligibility to contest provincial election unconstitutional – review of Electoral Commission’s processes to guarantee timely confirmation of independent candidates' eligibility to contest election – Independent Communications Authority of South Africa to investigate independent candidates slots to receive fair and equitable access to media platforms – relief sought moot and not competent – application dismissed
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29 October 2024 |
Application for leave to appeal – procedural lapse of court not fatal and not leading to ground for appeal – no likelihood that another court may find differently – application dismissed
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28 October 2024 |
Uniform Rule 41 – Withdrawal after set-down – Judicial discretion in awarding punitive costs – Exceptional circumstances justifying punitive costs order – Costs awarded on attorney-client scale against withdrawing party
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25 October 2024 |
Section 20(2A) of the Electoral Commission Act 51 of 1996 – application by a member of a political party for declaratory and interdictory relief – opposing factions of a party embroiled in a dispute about the membership, leadership, constitution, and founding instruments of a registered party – Court’s jurisdiction engaged – applicant seeks orders setting aside structures and appointments of the first decision-maker to be replaced by systems introduced by a new body in terms of the registered party’s constitution
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24 October 2024 |
Electoral irregularities – undue influence and abuse of power to influence the conduct and outcome of elections – Item 9(2)(e) of the Electoral Code of Conduct prohibits abuse of ‘a position of power, privilege or influence’ to influence the conduct or outcome of an election – s 87(1)(g) of the Electoral Act which provides that no person may use public funds for the purpose of a political campaign – whether Presidential address on the eve of 2024 elections violates these statutory prescripts
Jurisdiction of Electoral Court – Electoral Commission Act – Electoral Disputes Rules – Electoral Court not just a Court of Review and Appeal – Electoral Court may sit as a court of first instance – s 96(1) of the Electoral Act suggests that the statutory purpose was to create a specialist court that would deal with all electoral matters, Application dismissed with no order as to costs.
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21 October 2024 |
July 2024 |
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Electoral Act 73 of 1998 – Whether the respondents statements are violative of sections 87(1)(a)-(c); 87(2) and 93(2) of the Electoral Act 73 of 1998 – Whether contempt of court has been established on the part of the respondents – Jurisdiction of the Electoral Court to consider complaints about violation of Electoral Act and the Electoral Code of Conduct - Consideration of appropriate penalty
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3 July 2024 |
Application for review in terms of Rule 6 of Electoral Court Rules – out of time – based on issues raised in previous application - already determined court does not have jurisdiction to determine - incompetent.
Urgent application - brought three months after election timetable published – no basis for urgency.
Procedure - application based on issues in previous applications – attempt to describe relief sought differently does not change nature of relief.
Constitutional Law - Elections – elections for which Electoral Commission responsible in terms of section 190 of the Constitution constitutionally, conceptually and factually distinct from election of office bearers within legislatures in terms of Schedule 3 of Constitution.
Costs – multiplicity of applications with no regard paid to comments of court or responses by Commission in previous application – justifying departure from practice not to order costs.
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3 July 2024 |
Application in terms of s 55(5) of Electoral Act, 73 of 1998 - to declare unconstitutional allocation formula in Schedule 1A of the Electoral Act, 73 of 1998 – jurisdiction – not relief falling within s 55 or otherwise within this court’s jurisdiction – application dismissed.
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3 July 2024 |
June 2024 |
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Administrative law – legality review – points in limine – whether the Electoral Court’s jurisdiction in terms of s 20 (1) of the Electoral Commission Act 51 of 1996 is properly engaged – whether the applicant has locus standi to bring the application – whether the applicant delayed bringing the application and if so, whether the delay may be condoned or overlooked in the interests of justice. Merits – whether Ms Duduzile Zuma-Sambudla forged the applicant’s signature in a letter marked JK6, advising the Electoral Commission (the Commission) to change the particulars of Umkhonto Wesizwe Party (MKP) to replace Mr Khumalo with Mr Zuma as its leader – whether, when it acted on the request, the Commission breached regulation 9 of the Regulations for the Registration of Political Parties, 2004 as amended – whether the award of punitive costs is warranted.
Held: Jurisdiction – this court’s review jurisdiction in terms of s 20 (1) is engaged. The Commission’s determination that the written notification to update MKP records to reflect Mr Zuma as its leader as set out in JK6 complies with regulation 6 constitutes a reviewable decision as contemplated in s 20(1)(a). The decision relates to an electoral matter because political parties are a primary mechanism through which South African citizens participates in an election.
Held: Locus standi – as an expelled member of MKP, Mr Khumalo lacks locus standi to seek relief concerning the leadership of MKP.
Held: Urgency – the applicant failed to bring the application within the 3 days required in terms of s 20(1)(b) of the Commission Act, read with Rule 6 of the Electoral Court Rules. The delay is unreasonable. because it is not fully explained. A proper case for the delay to be condoned or overlooked in the interests of justice is not made.
Held: Merits – based on the Plascon-Evans rule, Mr Khumalo wrote JK6 advising the Commission to change its records to reflect Mr Zuma as the leader of MKP. The Commission complied with regulation 9 when it acted on this request.
Held: Costs –the award of punitive costs is warranted because the applicant perjured himself, the application is frivolous, lack merits and constitutes an abuse of the court’s process.
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12 June 2024 |
Application to compel Electoral Commission by two previously opposing factions of political party for declaratory and interdictory relief – to recognise current party leadership as lawful structure of a registered party.
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7 June 2024 |
Review in terms of s 20 of the Electoral Commission Act 51 of 1996 read with rule 6 of the Electoral Court Rules – application is late – not accompanied by affidavit to explain lateness – application dismissed
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4 June 2024 |
May 2024 |
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Application to condone the non-compliance and failure to meet the deadline in the Election Timetable for the Election of the National Assembly and the Election of Provincial Legislatures. Non-compliance with s 27 of the Electoral Act, 73 of 1998. Nothing unlawful about the IEC’s insistence on compliance with the deadline in the Timetable. Non-compliance by applicant to meet the deadline of paying the deposit on time to the IEC attributed to the party’s own fault and not that of the IEC
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21 May 2024 |
The Electoral Act – sections 31A, 31B (as ‘read in’ by the Constitutional Court in One Movement SA) and 31C – regulation 2A of the Regulations concerning the Submission of List of Candidates, 2004 – nomination of independent candidate – contesting elections in more than one region for the National Assembly – required to submit for each region a list of at least 1000 voter supporters in each of the contested regions – imposed by the Act and the regulations – non-compliance and failure to submit these lists disqualify an independent candidate ex lege to contest elections – factual disputes as to whether the applicant complied – to be decided in terms of Plascon Evans principle – Section 31C – gives the Chief Electoral Officer circumscribed powers to rectify limited failures of compliance with s 31B – namely in respect s 31B (3) (c), (d), (e), (f) or s 31B (4) – the section 31C only applies to those independent candidates who had submitted lists in compliance with s 31B(3)(a)(i) and (ii), read with regulation 2A of the Regulations concerning the Submission of List of Candidates, 2004
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20 May 2024 |
The Electoral Act – section 27(1) and s 27(2)(cB) – unrepresented registered political party required to submit supporters’ lists ‘in the prescribed manner’ and to meet quotas imposed by the Act and the regulations – when contesting election for seats in Provincial Legislatures – non-compliance and failure to submit these lists disqualify a party ex lege to contest elections – factual disputes as to whether the applicant complied – to be decided in terms of Plascon Evans principle.
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13 May 2024 |
Application to set aside proclamation of National and Provincial Election for 2024 and related relief – jurisdiction – alleged failure of President to comply with constitutional obligation within exclusive jurisdiction of the Constitutional Court– application dismissed.
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13 May 2024 |
Section 20(2A) of the Electoral Commission Act 51 of 1996 – application by members of political party for declaratory and interdictory relief – ‘dispute [between opposing factions] relating to membership, leadership, Constitution or founding instruments of a registered party’ – Court’s jurisdiction engaged.
Lawfully elected Councillors unlawfully ousted from political party and from Municipal Council by some respondents – undisputed that the actions of the respondents in ousting applicants from the party and their PR seats on the Municipal Council were irregular and non-compliant with the constitutional prescripts of the organisation – unlawful expulsions reviewed and set aside – applicants reinstated.
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13 May 2024 |
Application to compel Electoral Commission to amend records and replace proportional representation candidate – not appropriate to create own timelines and deemed decision for convenience – disjunction between Electoral Commission requirements and Municipal Systems Act, 117 of 1998 – proper case must be made out that requirements fulfilled or that requirements impossible to fulfil – no case made out – application dismissed.
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13 May 2024 |
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10 May 2024 |
Section 27(2) of the Electoral Act – Election Timetable for the Election – non-compliance by applicants with requirements to submit the required number of voter signatures to contest regional and provincial elections by the deadline set in the electoral timetable – non-compliance and failure to meet deadlines in timetable factually to be blamed on the applicants and not on the Electoral Commission – therefore, nothing irrational about the Electoral Commission’s insistence on compliance with the deadlines in the timetable
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9 May 2024 |
Section 27(2) of the Electoral Act – Election Timetable for the Election – non-compliance by applicants with requirements to contest the National Assembly election by the deadline set in the electoral timetable – non-compliance and failure to meet deadlines in timetable factually to be blamed on the applicants and not on the IEC – therefore, nothing irrational about the IEC’s insistence on compliance with the deadlines in the timetable – Application dismissed with no order as to costs
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8 May 2024 |
The Electoral Act – section 27(1), s 27(2)(cB) and item 3(2) of Schedule 1A – unrepresented registered political parties required to submit lists of candidates – when contesting election for compensatory seats in National Assembly, then a candidates’ list for one region required – also required to submit supporters’ lists and to meet quotas imposed by the Act and the regulations – non-compliance and failure to submit these lists disqualify a party ex lege to contest elections – factual disputes as to whether the applicants complied – to be decided in terms of Plascon Evans principle – Section 28 – gives the Chief Electoral Officer circumscribed powers to rectify limited failures of compliance with s 27(2) – namely in respect s 27(2)(a), (b), (cA), (d) or s 27 (4) – the section 28 only applies to those parties which had submitted lists in compliance with s 27(1) and s 27(2)(cB), read with item 3(2) of the Schedule 1A – Applications dismissed with no order as to costs
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6 May 2024 |
April 2024 |
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Interpretation – section 33 of Electoral Act 73 of 1998 – whether the word ‘consulate’ appearing in the section and regulation 10(3) of the Election Regulations, 2004 published under GN R12 in GG 25894 of 7 January 2004 excludes a consulate headed by honorary consul – principles of statutory interpretation restated
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26 April 2024 |
Application to compel Electoral Commission to recognize one faction of party over another – effect of application for leave to appeal – requirement to join and serve application on all interested parties – application dismissed
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26 April 2024 |
Appeal against the Electoral Commission’s decision upholding the objection lodged in terms of s 30 of the Electoral Act 73 of 1998 – whether the Electoral Commission has the power to determine eligibility for National Assembly membership - whether a sentence imposed on a candidate rendered such candidate ineligible to be a member of National Assembly in terms of s 47(1)(e) of the Constitution – effect of remission on the sentence imposed - whether reasonable apprehension of bias established - effect of act remission on sentence.
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26 April 2024 |
Section 20 of the Electoral Act – Election Timetable for the Election of the National Assembly and the Election of Provincial Legislatures – non-compliance by applicants with timetable relating to s 27 requirements – submission of lists of candidates by political parties and nomination of independent candidates – non-compliance and failure to meet deadlines in timetable factually to be blamed on the applicants and not on the IEC’s online system – therefore, nothing unlawful about the IEC’s insistence on compliance with the deadlines in the timetable – the IEC must not be placed in a situation where it has to make ad hoc decisions about political parties and candidates who have not complied with the Act –
Applications dismissed with no order as to costs.
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15 April 2024 |
March 2024 |
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S 15(1) of the Electoral Commission Act 51 of 1996 (the Electoral Commission Act) – application for the registration of a political party – Chief Electoral Officer (CEO) shall, upon application by a party in the prescribed manner and form, register such party – interpretation of the section – textual and contextual purposive interpretation required – application for registration may be ‘supplemented’ after rejection of initial application for registration – no need to start application afresh after rejection by the CEO – registration of third respondent lawful and compliant with s 15(1) of the Electoral Commission Act – political party registered ‘upon application’.
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26 March 2024 |
February 2024 |
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Section 20(2A) of the Electoral Commission Act 51 of 1996 –
application by members of political party for declaratory and interdictory relief – ‘dispute [between opposing factions] relating to membership, leadership, Constitution or founding instruments of a registered party’ – Court’s jurisdiction engaged.
Interpretation of Constitution of political party – applicants seek orders setting aside structures and appointments of first decision-maker – to be replaced by systems introduced by new bodies in terms of Constitution.
Point in limine – non-joinder of political party – upheld – party has a direct and substantial interest in the subject-matter of the litigation.
Merits – a textual and a contextual purposive interpretation of party’s Constitution – first highest decision-making body elected and installed by the founders of party – agreement on two-year term of office and structure of governance – enforceable as between members – application dismissed with no order as to costs
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22 February 2024 |
January 2024 |
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Application for registration of political party in terms of s 15 of the Electoral Commission Act 51 of 1996 (the Act) – Electoral Commission rejected application on the grounds that the applicant’s name resembles that of another registered party in terms of s 16 and the signatures of registered voters submitted by the applicant do not meet the threshold set by regulation 3 of the Regulations of the Act – Chief Electoral Officer has no discretion to condone non-compliance with s 15 requirements
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16 January 2024 |
September 2023 |
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29 September 2023 |
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20 September 2023 |
August 2023 |
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1 August 2023 |
June 2023 |
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8 June 2023 |
February 2023 |
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17 February 2023 |
December 2022 |
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30 December 2022 |
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1 December 2022 |
July 2022 |
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6 July 2022 |
June 2022 |
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28 June 2022 |
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17 June 2022 |
April 2022 |
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22 April 2022 |
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22 April 2022 |
March 2022 |
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29 March 2022 |
February 2022 |
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22 February 2022 |
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21 February 2022 |
January 2022 |
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18 January 2022 |
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3 January 2022 |