Umkhonto Wesizwe Party and Another v Electoral Commission of South Africa and Others

A by-election was proclaimed for Ward 2 of the Msunduzi Municipality following a vacancy. The Electoral Commission published an electoral timetable requiring nomination of ward candidates by 25 November 2024. The Umkhonto Wesizwe Party (MK Party), through Mr Vusumusi Mvelase, submitted the nomination of Mr Nkosikhona Cyprian Mshengu on 11 November 2024. Subsequently, the Commission received another nomination from Ms Cebisile Zuma, acting on the authority of Dr Kwazi Mbanjwa, nominating Mr Sithabiso Siboniso Nkabinde. Dr Mbanjwa was the registered contact person of the MK Party with the Commission. The Commission withdrew Mr Mshengu’s nomination and accepted Mr Nkabinde’s nomination. The MK Party disputed Dr Mbanjwa’s authority, alleging he had been removed from party office, and approached the Electoral Court urgently to review and set aside the Commission’s decision and compel recognition of Mr Mshengu as its candidate.

The application was dismissed. Condonation for urgency and late filings was granted, and no order as to costs was made.

The case affirms the principle that the Electoral Commission may rely strictly on its records of registered party contact persons and is not required to resolve internal political party disputes. It underscores the importance of compliance by political parties with statutory registration requirements and clarifies the limits of the Commission’s administrative obligations in candidate nomination disputes.