Suid-Kaap Saamstaan v Electoral Commission of South Africa and Others

The applicant, Suid-Kaap Saamstaan, approached the Electoral Court arising from an internal dispute within the party concerning the alleged expulsion of the fifth respondent, Mr Mlandeli Abednico Nnyuka, and the authority to communicate with the Electoral Commission regarding changes to party particulars and its proportional representation (PR) candidate list. The applicant sought orders directing the Electoral Commission to remove the fifth respondent as the party’s registered contact person, to replace him with another individual, and to accept an amended PR list. The Electoral Commission’s records reflected the fifth respondent as the registered party leader. The applicant’s attempts to notify changes were not made by the registered party leader as required by Regulation 9 of the Regulations for the Registration of Political Parties 2004, as amended in August 2021. The fifth respondent disputed his alleged expulsion, characterising the matter as an internal party dispute.

The application was dismissed with no order as to costs.

The case affirms the strict application of Regulation 9 of the Regulations for the Registration of Political Parties 2004 and clarifies that only a registered party leader may validly notify the Electoral Commission of changes to party particulars. It reinforces the principle that the Electoral Commission does not adjudicate internal political party disputes and underscores the importance of compliance with electoral regulatory frameworks.