African Economic Freedom v Electoral Commission of South Africa

The applicant, African Economic Freedom (AEF), a registered political party, intended to contest the national and provincial elections scheduled for 29 May 2024. In terms of section 27(2) of the Electoral Act 73 of 1998 and the published Election Timetable, AEF was required to submit its candidate lists together with a prescribed deposit of R750 000 by 17h00 on 8 March 2024. AEF attempted to make payment of the deposit on the deadline date via a third-party donor. Although proof of an electronic transfer was initially generated, the payment was reversed by the bank and never reflected in the Electoral Commission’s (IEC) bank account by the deadline. AEF later made two separate payments on 11 and 12 March 2024, after the deadline, from two different legal entities. The IEC rejected AEF’s participation on the basis that the deposit was not paid timeously, and AEF’s subsequent objection was dismissed. AEF then approached the Electoral Court seeking to review and set aside the IEC’s decision, arguing that it had substantially complied with section 27(2) of the Act.

The application was dismissed with no order as to costs.

This case reaffirms the strict and mandatory nature of compliance with section 27(2) of the Electoral Act and the binding force of the Election Timetable. It underscores that political parties bear full responsibility for ensuring timeous payment of electoral deposits and that attempted or reversed payments do not constitute compliance. The judgment strengthens jurisprudence emphasising the integrity, certainty, and orderly administration of elections, and confirms that neither the IEC nor the Electoral Court may condone late compliance with statutory deadlines.