Siyathemba Community Movement v Independent Electoral Commission and Others

The applicant, Siyathemba Community Movement, a registered political party, participated in the 1 November 2021 local government elections and secured one ward seat and three proportional representation seats in the Siyathemba Municipality. Following the elections, the third to fifth respondents, who were elected councillors under the applicant’s banner, allegedly failed to attend internal party meetings and refused to sign deployment contracts. The applicant resolved to expel them and later conducted disciplinary proceedings, which the respondents did not attend, resulting in their expulsion. Despite this, the respondents were inaugurated as councillors. The applicant informed the Independent Electoral Commission (IEC) of the expulsions and sought amendments to its party list. The IEC declined to act, concluding that the matter constituted an internal leadership or membership dispute beyond its mandate. The applicant then sought judicial review of the IEC’s decision in the Electoral Court.

The application was dismissed. No order as to costs was made.

The case reinforces the principle that the IEC has no authority to adjudicate internal political party disputes relating to leadership or membership unless statutory requirements are strictly met. It underscores the importance of compliance with the Electoral Commission Act and its regulations when political parties seek recognition of leadership or membership changes, and confirms that courts will not entertain parallel proceedings where lis alibi pendens applies.