Ramotswabodi Johannes Sesing v Electoral Commission of South Africa and Others

The applicant, Ramotswabodi Johannes Sesing, was the only independent candidate who contested both the national and provincial elections held on 29 May 2024, standing for a seat in the Free State Provincial Legislature. The election results were announced on 2 June 2024, revealing that the applicant had not secured sufficient votes to obtain a seat. On 14 June 2024, nearly two weeks after the results and several months after the election timetable was proclaimed, the applicant launched an urgent application in the Electoral Court. He alleged that the Electoral Commission’s delayed confirmation of independent candidates’ eligibility, limitations on media access, refusal to allow use of his nickname on the ballot, and application of the statutory seat-allocation formula violated his constitutional and statutory rights. He sought, inter alia, to keep open the seat allocation process, compel a review of IEC processes, require ICASA and the SABC to investigate media access, and to be allocated a seat in the Free State Legislature outside the statutory formula.

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

The case reinforces strict compliance with procedural time limits in electoral disputes, affirms the limited jurisdiction of the Electoral Court, and underscores that courts will not interfere with completed electoral processes or legislated seat-allocation formulas absent compelling and timely grounds. It also clarifies that electoral challenges must be brought promptly and with proper joinder of all interested parties.