Democratic Alliance v Ramaphosa and Others

Three days before the 2024 national and provincial elections, President Cyril Ramaphosa delivered a nationally televised presidential address. The Democratic Alliance (DA) alleged that, although framed as a presidential address, the speech highlighted achievements of the ANC-led government and thereby amounted to political campaigning using the authority of the presidency and public resources. The DA contended that this constituted an abuse of power and the use of public funds to influence the outcome of the election, in contravention of Item 9(2)(e) of the Electoral Code of Conduct, s 87(1)(g) of the Electoral Act 73 of 1998, and ss 19(2) and (3) of the Constitution. The DA sought declaratory relief and a fine against the President. The respondents opposed the application, disputing both the Electoral Court’s jurisdiction and the merits, asserting that the address was delivered in the President’s constitutional capacity and did not amount to political campaigning.

The application was dismissed, with no order as to costs.

This judgment clarifies the scope of permissible conduct by the President during an election period and affirms that not every public address touching on governmental achievements constitutes unlawful political campaigning. It confirms the Electoral Court’s jurisdiction as a specialist court capable of acting as a court of first instance in electoral disputes and provides authoritative guidance on balancing free and fair elections with the constitutional duties and expressive rights of public office-bearers.