Nationalist Coloured Party of South Africa v The Independent Electoral Commission of South Africa and Another

The Nationalist Coloured Party (NCP) was registered as a political party in 2013 with Mr Andre Jacobs as leader and contact person. In April 2016, the Independent Electoral Commission (IEC) received and approved an application to change the party’s name, abbreviation and logo to the Nationalist Coloured Party of South Africa (NCPSA) under section 16A of the Electoral Commission Act 51 of 1996. This application was accompanied by a written authorisation from Mr Jacobs empowering Mr Frank Martin to engage the IEC on all party business. Subsequently, Mr Jacobs complained to the IEC that Mr Martin lacked authority and had acted fraudulently, alleging that Mr Martin had been expelled earlier in 2016. Acting on this complaint, the IEC retracted the name change and reinstated the original registration without consulting Mr Martin. The NCPSA, represented by Mr Martin, sought review of the IEC’s decision in the Electoral Court.

The IEC’s decision to retract the name change and constitutional amendment was set aside. The NCPSA was confirmed as the registered party, Mr Frank Martin was to be recorded as the registered contact person, the candidate list submitted by him was to be accepted, and no order as to costs was made.

The case affirms the application of administrative justice principles, particularly procedural fairness under PAJA, to decisions of the IEC. It underscores the obligation of the Commission to act fairly, verify authority carefully, and avoid unilateral decisions in internal party disputes, especially in the context of imminent elections. It also illustrates the Electoral Court’s willingness to substitute administrative decisions in exceptional and urgent electoral circumstances.