Chief Electoral Officer v Electoral Commission

• Jurisdiction: South Africa
• Judge: Mthiyane JA, Masipa J and S Abro (member)
• Judgment Date: 04 April 2009
• Citation: 2011 JDR 0050 (EC)
• Hearing Date: 01 April 2009
• Court: Electoral Court
• Docket Number: 04/2009

Mthiyane JA, Masipa J and S Abro:

[1]

This is an application for leave to appeal accompanied by an appeal by the Chief Electoral Officer against the decision the Electoral Commission in which her objection to the nomination of certain candidates by various political parties listed as Second and Further respondents as candidates for election on 22 April 2009 was dismissed.

[2]

The Chief Electoral Officer objected to their nomination on four main grounds. These were that:

(a)

their names did not appear on the voters roll;

2011 JDR 0050 p3

(b)

they did not appear on the voters roll as according to the National Population Register, their identity numbers were invalid;

(c)

they were not on the voters roll because they were not, according to the National Population Register, South African citizens; and

(d)

they were not on the voters roll as according to the National Population Register, they were deceased.

[3]

On 23 March 2009 the Electoral Commission dismissed the Chief Electoral Officer's objection that the affected candidates did not qualify to be nominated or stand for election on 22 April 2009. The Commission did so without furnishing reasons for its decision.

[4]

After considering the application and the appeal papers lodged by the Chief Electoral Officer and the...