African National Congress v Chief Electoral Officer of the Independent Electoral Commission

The African National Congress (ANC) included Mr Holmes Peter Maluleka on its list of candidates for the 2009 National Assembly elections. The Chief Electoral Officer (CEO) objected to his nomination under section 30 of the Electoral Act 73 of 1998 on the basis that his name did not appear on the voters’ roll, allegedly rendering him ineligible under section 47(1) of the Constitution. The objection was initially rejected by the Electoral Commission but upheld on appeal by the Electoral Court. The issue arose because Mr Maluleka had been issued two identity documents with different identity numbers: he registered as a voter using the first, but accepted nomination using the second. The Electoral Court upheld the objection without being aware of these circumstances. The ANC urgently approached the Constitutional Court before the swearing-in of Members of Parliament.

Leave to appeal was granted; the appeal was upheld; the Electoral Court’s decision was set aside; it was declared that Mr Holmes Peter Maluleka was eligible and qualified to be on the ANC’s list of candidates for the 2009 Provincial and National Elections. No costs order was made.

The case clarifies that section 96(1) of the Electoral Act does not bar the Constitutional Court from hearing constitutional matters arising from Electoral Court decisions. It affirms the primacy of constitutional rights in the electoral process, particularly the right to stand for public office, and underscores that administrative or technical errors should not unjustifiably disenfranchise candidates.