Phasha and Others v The Electoral Commission of South Africa and Others

The applicants, comprising named individuals and purportedly 12th to 257th applicants, approached the Electoral Court urgently shortly before the 1 November 2021 local government elections. They sought orders declaring the elections in 25 municipalities not free and fair and suspending those elections. The application was launched on 29 October 2021, more than a month after the alleged cause of complaint arose, and was served on respondents late at night with extremely truncated timeframes. Only seven of the 25 municipalities were cited, and political parties and independent candidates who contested the elections were not joined. The application also challenged the Electoral Commission’s acceptance of candidate registrations linked to a faction of the Pan Africanist Congress (PAC), despite the Commission acting pursuant to a binding High Court order permitting that faction to participate in the elections.

The entire application was dismissed, with no order as to costs.

The case underscores the strict procedural requirements in urgent electoral litigation, particularly the necessity of proper joinder, compliance with court rules, and genuine urgency. It affirms that the Electoral Commission is bound by existing court orders when administering elections and cannot be faulted for complying with them, even where an appeal is pending.