The Giving Foundation NPC v Electoral Commission of South Africa and Others

The Giving Foundation NPC brought multiple applications before the Electoral Court challenging the validity of the Proclamation of the 2024 National and Provincial Elections issued on 23 February 2024. The Foundation contended that the Proclamation was unconstitutional because it proclaimed only one election day, whereas voting occurred on additional days for international voting and special votes in terms of the electoral timetable. After an earlier application was dismissed for lack of jurisdiction, the Foundation instituted a second application styled as a Rule 6 review (out of time) and a third purportedly urgent application seeking to invalidate votes cast on unproclaimed days, set aside the elections, compel the Electoral Commission to obtain a different proclamation, involve the Judicial Services Commission, and direct the Political Liaison Committee to instruct parties not to participate in elections.

Both applications (case numbers 0026/2024EC and 0026A/2024EC) were dismissed with costs.

The judgment reinforces key principles of South African constitutional and electoral law, including the limits of the Electoral Court’s jurisdiction, the doctrine of constitutional subsidiarity, and the statutory framework governing election timetables and special votes. It clarifies the conceptual distinction between elections managed by the Electoral Commission under section 190 of the Constitution and the internal election of office bearers in legislatures under Schedule 3. The case also underscores the Court’s willingness to depart from the usual no-costs practice in electoral matters where litigation is vexatious.