Inkatha Freedom Party v The Electoral Commission

The Inkatha Freedom Party (IFP) sought to nominate Mr Mzwandile Beatus Mbhele as its ward candidate for Ward 4 of Indaka Municipality in the 2011 local government elections. When IFP representatives attempted to submit the nomination on 25 March 2011, officials of the Electoral Commission (IEC) refused to accept Mr Mbhele’s nomination because his name appeared on the voters’ roll for Msinga Municipality and had been struck off the Indaka Municipality segment. As a result, IFP nominated another candidate, Mr Ndlovu, whose nomination was accepted. Mr Mbhele denied re‑registering in Msinga and alleged possible fraud, noting that IEC officials could not locate the REC 1 re‑registration form. Despite these concerns, the IEC maintained that Mr Mbhele was registered in Msinga and therefore not registered on Indaka’s segment of the voters’ roll at the relevant time. IFP applied to the Electoral Court to review and set aside the IEC’s refusal to allow Mr Mbhele to contest the election.

The application for review was dismissed with costs.

The case clarifies the strict and peremptory nature of section 17(3)(b) of the Local Government: Municipal Electoral Act and confirms that all ward candidates, including those nominated by political parties, must be registered on the relevant municipal segment of the voters’ roll. It underscores the limited discretion of the Electoral Commission and affirms the principle of legality in the administration of elections.