Umkhonto Wesizwe Political Party v The Electoral Commission of South Africa and Others

The Umkhonto Wesizwe Political Party (MK Party) launched an application in the Electoral Court against the Electoral Commission of South Africa, its Chief Electoral Officer, the President, the Speaker of the National Assembly, and various political parties. After the matter had been set down and significant costs incurred by the respondents, the MK Party sought to withdraw the application. The Commission opposed an unconditional withdrawal and sought a costs order on a punitive scale, relying on the MK Party’s history of repeated litigation on similar issues against the Commission and the alleged abuse of court process. The court was required to consider whether the withdrawal should be permitted and on what cost consequences.

The applicant was granted leave to withdraw the application. The applicant was ordered to pay the costs of the first and second respondents on the attorney-client scale, including the costs of two counsel, and to pay the costs of the Democratic Alliance on the party and party scale, including counsel at scale C.

The case is significant for clarifying the Electoral Court’s approach to withdrawals after set-down and the circumstances under which punitive costs may be awarded. It underscores that constitutional access to courts does not shield litigants from sanctions where litigation conduct is abusive or vexatious, particularly in the sensitive electoral context.