African National Congress v Electoral Commission of South Africa and Others

The African National Congress (ANC) urgently approached the Electoral Court to review and set aside a decision taken on 7 September 2023 by the Deputy Chief Electoral Officer (DCEO) of the Electoral Commission of South Africa to register uMkhonto Wesizwe Political Party (MK) as a political party under s 15(1) of the Electoral Commission Act 51 of 1996. The ANC contended that MK’s initial application for registration had been rejected on 4 August 2023 due to defective supporter signatures and that MK unlawfully ‘supplemented’ that rejected application instead of submitting a fresh application, leading to an invalid registration. The ANC also sought condonation for bringing the application well outside the three-day statutory period prescribed for reviews under s 20(1) of the Act. The Electoral Commission and MK opposed the application, raising points in limine including lack of urgency, failure to obtain condonation, lack of jurisdiction, and that the ANC was non-suited because it had failed to object during the statutory objection periods under s 15(4A).

The application was dismissed, with no order as to costs.

The judgment clarifies the statutory scheme governing the registration of political parties under the Electoral Commission Act, particularly the interpretation of s 15(1) and the permissibility of supplementing an application after initial rejection. It affirms the importance of internal dispute resolution mechanisms, strict compliance with statutory time limits in electoral matters, and the consequences of failing to object during prescribed objection periods. The case underscores the courts’ reluctance to interfere late in the electoral process where such interference would prejudice constitutional political rights under s 19 of the Constitution.