CCT10/06

2006 (3) SA 305 (CC)

2006 (5) BCLR 579 (CC)

O'Regan J Majority judgment

Skweyiya J dissenting judgment

24 February 2006

http://hdl.handle.net/20.500.12144/2816

Appeal to the Constitutional Court against a decision of the Electoral Court: African Christian Democratic Party v Electoral Commission and Others, Electoral Court Case 1/2006, 15 February 2006, Unreported

Urgent application for direct access upheld. Majority held that ACDP was permitted to contest the local government elections in the Cape Metro on 1 March 2006. This, after the Electoral Court upheld the decision of the IEC to not allow the ACDP to contest the elections because they had not complied with sections 14 and 17 of the Local Government: Municipal Electoral Act 27, of 2000. O'Regan concluded that the Act must be read in conformity with the overall framework of elections and constitutional rights and values relevant to elections. Skweyiya, writing for the minority, held that the applicant had not complied with the Act and therefore confirmed the order of the Electoral Court.