Show simple item record

dc.date.accessioned 2017-04-08T17:14:13Z
dc.date.available 2017-04-08T17:14:13Z
dc.date.created 2011-04-21 en
dc.identifier.citation [2011] ZACC 16
dc.identifier.citation 2011 (9) BCLR 943 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/3641
dc.title Electoral Commission v Inkatha Freedom Party en
dc.title.alternative CCT33/11 en
dc.identifier.casenumber CCT33/11 en
dc.contributor.judge Ngcobo CJ
dc.date.judgment 10 May 2011
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/3641/Full%20judgment%20Official%20version%2010%20May%202011.PDF?sequence=11&isAllowed=y
dc.concourt.synopsis 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).
dc.concourt.casehistory 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


Files in this item

This item appears in the following Collection(s)

Show simple item record

Search ConCourt Collections


Browse

My Account