Electoral Court of South Africa - 2025

3 judgments
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3 judgments
Citation
Judgment date
June 2025
Court dismissed application to compel Election Commission compliance under rule 35(12) due to procedural and substantive shortcomings.
Electoral Law – Compliance with rule 35(12) – Access to election data – Non-compliance not established – Request for algorithms not part of initial notice.
24 June 2025
March 2025

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.

6 March 2025
January 2025

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

14 January 2025