Electoral Commission of South Africa v Democratic Alliance and Others

In the run-up to the 8 May 2019 national and provincial elections, the Good Party lodged a complaint with the Electoral Commission of South Africa (IEC) alleging that the Democratic Alliance (DA) had published false and defamatory information about Ms Patricia de Lille, its leader and a former DA member. The complaint concerned DA campaign guidelines stating that Ms De Lille had been 'fired' due to wrongdoing and corruption while Mayor of Cape Town. Ms De Lille asserted that she had resigned pursuant to a settlement agreement and had not been found guilty of wrongdoing. The IEC found that the statement that she was 'fired' was false, held that the DA had breached item 9(1)(b) of the Electoral Code of Conduct, and directed the DA to cease making such statements and to issue a public apology. The DA successfully reviewed this decision in the Electoral Court, which set aside the IEC’s findings and remedies. The IEC appealed to the Supreme Court of Appeal.

The appeal was dismissed. The Electoral Court’s order reviewing and setting aside the IEC’s findings and imposed remedies was confirmed.

This case authoritatively clarifies the limits of the Electoral Commission’s powers in South African electoral law. It confirms that the IEC may not adjudicate alleged breaches of the Electoral Code of Conduct or impose sanctions, preserving the separation between the Commission’s administrative and conciliatory role and the courts’ adjudicative authority. The judgment reinforces the principle of legality and protects freedom of political expression by requiring restrictive interpretation of provisions limiting campaign speech.