Synopsis:
Although there was no live issue between the parties in this case, the Court held that it would be in the interests of justice to make a finding on the applicability of Chapter 3 of the Constitution to disputes involving the Independent Electoral Commission. It was found by Yacoob J and Madlanga AJ that the IEC was not a department or administration within the national sphere of government. A dispute between the IEC and a municipal council cannot therefore be classified as an intergovernmental dispute for the purposes of chapter 3 of the Constitution.
