Tshaka v The Electoral Commission
| Jurisdiction | South Africa |
| Judge | Mthiyane JA, Pillay J, Masipa J, Ms S Moodley (member), Ms S Abro (member) |
| Court | Electoral Court |
| Citation | 2011 JDR 0053 (EC) |
| Docket Number | EC010/06 |
Mthiyane JA:
On 1 March 2006 the appellant, Mr Congo Mlungiseni Tshaka, stood for the election as an independent candidate in Ward 25, Mbizana Municipality. There were three other candidates in the ward, respectively representing the PAC, the ANC and the UDM. The ward had 35 voting districts. The appellant received a total of 30 votes in the ward with the winning candidate receiving 2,539. Overall the ANC won 23 of the wards and the independent candidates won 2.
On 29 March 2006, some 28 days after the election the appellant lodged an application in this court on 'Notice of Motion'. The notice does not say what the appellant seeks. From the body of his papers I can only surmise that he seeks to review and set aside the election in ward 25. The delay in lodging the appeal (because I shall assume this is an appeal) is not explained. He does allude to what he refers to as 'serious irregularities' and the fact that he contacted the Municipal Electoral Officer on 2 March 2006 and enquired about how he could lodge his objection. On 3 March 2006 he telephoned the IEC and spoke to Mr Mraji who referred him to s 65 of the Municipal Electoral Act 27 of 2000. From 3 March 2006 to 29 March 2006, when the application was lodged there is no explanation as to what steps the appellant took to bring this appeal before us.
There is therefore no basis upon which the delay in bringing this appeal could be condoned. In terms of s 65(5) the appeal had to be brought before this court within 3 days of the IEC decision dismissing his objection. The appellant's objections itself was received late, that is on 9
2011 JDR 0053 p3
Mthiyane JA
March 2006, well out of time. In terms of s 65(1) the objection had to reach the commission 'by no later than 17:00 on the second day after voting, at its office in Pretoria.' The objection was rejected by the IEC and after the rejection the appellant took no action until the lodging of the present appeal on 29 March 2006.
The appeal falls to be dismissed on the ground of...
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