Mxube and Others v The Electoral Commission of South Africa and Others

Makana Citizens Front (MCF) was a registered political party formed in 2021 to contest the Makana Local Municipality elections. The first to fifth applicants were founding members, leaders, and top-listed proportional representation (PR) candidates, and were duly elected as PR councillors following the November 2021 elections. Shortly thereafter, a rival faction led by the fourth and fifth respondents unlawfully convened meetings, disavowed the legitimate interim leadership, and purported to discipline and expel the applicants without following the procedures prescribed in MCF’s Constitution. Acting on these irregular decisions, the Makana Municipal Council and the Electoral Commission replaced the applicants as councillors with the sixth to tenth respondents. The applicants approached the Electoral Court under s 20(2A) of the Electoral Commission Act seeking review and declaratory relief.

The disciplinary decisions, expulsions, declaration of vacancies, and substitution of PR councillors were reviewed and set aside. The applicants were reinstated as members and PR councillors. The first applicant was declared the duly elected leader of MCF, the second applicant the main contact person, and the Electoral Commission was ordered to amend its records and restore the original PR list. No order as to costs was made.

The case affirms the Electoral Court’s role in resolving internal political party disputes affecting electoral representation. It underscores that political parties must strictly comply with their constitutions when disciplining members and that unlawful internal processes cannot be used to manipulate PR council seats. The judgment protects the integrity of proportional representation and internal party democracy in South African electoral law.