CCT33/11

[2011] ZACC 16

2011 (9) BCLR 943 (CC)

Ngcobo CJ

10 May 2011

http://hdl.handle.net/20.500.12144/3641

Urgent application for leave to appeal directly to the CC against the judgment and order of the Electoral Court: Inkatha Freedom Party v The Electoral Commission, EC Case No 001/11, 20 April 2011, as yet unreported

Urgent application for leave to appeal against a decision of the Electoral Court requiring the Electoral Commission to allow a political party to submit election documents elsewhere than the Commission's local office as required by sections 14 and 17 of the Local Government: Municipal Electoral Act 27 of 2000. The Electoral Commission originally refused the party's request to submit its documents in a non-local office, reasoning that the requirement in sections 14 and 17 of the Act that political parties submit their election documents to the Commission's local office in the municipality where they intend to stand for election is peremptory. The Electoral Court (relying on African Christian Democratic Party v Electoral Commission and Others) found that there was no discernible central legislative purpose attached to the local submission requirement in sections 14 and 17 of the Act. The Court upheld the appeal against the Electoral Court's judgment, finding that there is a manifest legislative purpose for the local submission requirement, namely the promotion of efficient processing and verification of election documents in Urgent application for leave to appeal against a decision of the Electoral Court requiring the Electoral Commission to allow a political party to submit election documents elsewhere than the Commission's local office as 'required by sections 14 and 17 of the Local Government: Municipal Electoral Act 27 of 2000. The Electoral Commission originally refused the party's request to submit its documents in a non-local office, reasoning that the requirement in sections 14 and 17 of the Act that political parties submit their election documents to the Commission's local office in the municipality where they intend to stand for election is peremptory. The Electoral Court (relying on African Christian Democratic Party v Electoral Commission and Others) found that there was no discernible central legislative purpose attached to the local submission requirement in sections 14 and 17 of the Act. The Court upheld the appeal against the Electoral Court's judgment, finding that there is a manifest legislative purpose for the local submission requirement, namely the promotion of efficient processing and verification of election documents in order to ensure the fairness of municipal elections. Majority: Ngcobo CJ (unanimous).