Northern Cape Communities Movement v Electoral Commission of South Africa and Others

The applicant, Northern Cape Communities Movement, brought an urgent application to the Electoral Court under s 55(5) of the Electoral Act 73 of 1998 following the 2024 elections. It sought to interdict the allocation of seats, declare the allocation formula in Schedule 1A of the Electoral Act illegal, unfair and unconstitutional, suspend its operation, and replace it with a percentage-based formula. The applicant did not allege any voting or counting irregularities, but challenged the constitutionality of the legislative allocation formula itself. The Electoral Commission rejected the complaint as falling outside s 55, prompting the appeal to the Electoral Court.

The application was dismissed. No costs order was made.

The case clarifies the limited jurisdiction of the Electoral Court under s 55 of the Electoral Act and confirms that constitutional challenges to electoral legislation must be brought in the appropriate forum, not through election objections. It reinforces the distinction between objections to electoral processes and challenges to the validity of legislation, and affirms prior Constitutional Court authority upholding the constitutionality of Schedule 1A.