African Christian Democratic Party v Electoral Commission
| Jurisdiction | South Africa |
| Judge | Mthiyane JA, Pillay J and Masipa J |
| Citation | 2011 JDR 0425 (EC) |
| Court | Electoral Court |
| Docket Number | 003/11 IEC |
Masipa J:
INTRODUCTION
The applicant, by way of review, sought to set aside a decision of the respondent (Commission) not to place the applicant's name on the list of registered parties entitled to contest the election in the Umhlabuyalingana
2011 JDR 0425 p2
Masipa J
Municipality on 18 May 2011. The applicant also sought ancillary relief and costs.
The relief sought as set out in the notice of motion is the following:
The Respondent's decision … is reviewed and set aside.
The Respondent is ordered to take all such consequent steps as are necessary, in order to enable the Applicant to contest the elections, including:
allocating surplus funds in its possession from the Applicant, as a deposit in terms of sections 14(1)(b) and 17(2)(d) of the Electoral Act to contest the elections;
forthwith placing Applicant's name on the list of registered parties entitled to contest the election;
forthwith placing the name of Applicant's candidates for the various wards on the final list of candidates of the Umhlabuyalingana local government election;
ensuring that all ballot papers reflect the result of the orders set out above, alternatively to the extent that the ballot papers have already been printed, to print forthwith ballot papers reflecting the result of the orders set out above."
Because of the urgency of the matter an order was granted setting the decision of the Commission aside and granting the ancillary relief sought and reasons were to follow later. These are the reasons.
BACKGROUND
National Government Local Elections are to take place on 18 May 2011. 25 March 2011 is the deadline for political parties and ward candidates
2011 JDR 0425 p3
Masipa J
to convey their intention to contest the elections and they have to do this in terms of ss 14 and 17 of the Local Government: Municipal Electoral Act No. 27 of 2000 ("the Act").
In terms of s 14 a party may contest an election by way of party lists submitted to the Commission's local representative. A notice of intention to contest the election together with a party list and the prescribed deposit have to be submitted no later than the date stated in the election timetable.
In terms of s 17 a person may contest an election as a ward candidate if he or she is nominated on a prescribed form submitted to the Commission's local office by no later than a date stipulated in the election timetable accompanied inter alia by the prescribed deposit.
It is common cause that relevant documents and the requisite deposit were submitted to the Commission by the applicant before the cut-off time of 17h00 on 25 March 2011. Also common cause is that when submitting party lists the applicant mistakenly filled the designated number of a wrong municipality.
THE ISSUE
The issue, therefore, is whether there was proper compliance with the provisions of ss 14 and 17 of the Act notwithstanding the error above.
2011 JDR 0425 p4
Masipa J
THE FACTS
To get a proper perspective of the issues it is necessary to briefly set out facts gleaned from the supporting affidavit of the applicant. Jo-Ann Downs deposed to the affidavit on behalf of the applicant. There is no opposing affidavit from the Commission.
On 23 March 2011 Marlene Briel, the applicant's National Election Manager, took a bank guaranteed cheque in the amount of R309 500,00 to the Commission. Briel had lists from each province which indicated all the municipalities that the applicant was contesting, and which payment related to. The list from KwaZulu-Natal had been sent via sms to Briel and only included municipal designation numbers, not the full names of the municipalities. At the...
To continue reading
Request your trial