Zoleka Mketu & Others v African National Congress & Others

The case arose from local government elections held on 5 December 2000 in the Eastern Cape. The appellants, members of the African National Congress (ANC), challenged the internal ANC candidate selection process for both proportional representation lists and ward candidates. They alleged non-compliance with procedures set out in the ANC Campaign Manual, contending that had the correct procedures been followed they would have been selected, elected, and become councillors. Instead of lodging objections under section 65 of the Local Government: Municipal Electoral Act 27 of 2000, the appellants approached the High Court directly, seeking orders setting aside the ANC party lists, the nomination of ward candidates, and the election of the successful ANC councillors. The respondents objected, arguing that the High Court lacked jurisdiction because the appellants failed to follow the statutory objection and appeal procedure in section 65. The Eastern Cape High Court upheld this jurisdictional objection, leading to an appeal to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel. The finding of the High Court that it lacked jurisdiction was confirmed.

This case is significant for clarifying the jurisdictional framework governing municipal election disputes in South Africa. It confirms the exclusivity and mandatory nature of the objection and appeal procedure in section 65 of the Municipal Electoral Act for disputes that may affect declared election results. The judgment reinforces the central role of the Electoral Commission and Electoral Court in safeguarding the finality, certainty, and speedy resolution of election outcomes.