African Transformation Movement v Electoral Commission of South Africa and Others

The African Transformation Movement (ATM), a registered political party, participated in the May 2024 National and Provincial Elections (NPE) and obtained representation in the National Assembly and a provincial legislature. Following the Electoral Commission of South Africa’s declaration of the election results on 2 June 2024, ATM brought an application in the Electoral Court seeking wide-ranging declaratory relief. It alleged that the 2024 NPE were not free and fair due to purported irregularities, including inaccuracies in the voters’ roll, discrepancies with ballot boxes, malfunctioning voter management devices (VMDs), irregular vote counting, and alleged bias and misconduct by Electoral Commission officials. ATM further sought an order declaring section 24A of the Electoral Act 73 of 1998 unconstitutional for limiting voters to vote only in the district where they are registered, and consequential relief setting aside the election results and directing the President to call a re-run election. The Electoral Commission and certain political parties opposed the application, disputing the factual basis of the allegations and raising several preliminary legal objections.

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

This judgment reaffirms the strict procedural framework governing challenges to election results in South Africa, particularly the central role of sections 55 and 56 of the Electoral Act. It underscores that election results may only be challenged through the prescribed objection-and-appeal process and that allegations of electoral irregularities must be supported by credible evidence demonstrating materiality to the final results. The case also clarifies the limited jurisdiction of the Electoral Court, including its lack of power to declare Acts of Parliament unconstitutional.