Thabazimbi Forum 4 Service Delivery v Independent Electoral Commission of South Africa and Others

The applicant, Thabazimbi Forum 4 Service Delivery, a registered political party, obtained a proportional representation seat in the Thabazimbi Local Municipality following the 2021 local government elections. It sought, on an urgent basis, to compel the Independent Electoral Commission (IEC) to amend its records by removing Mr Butana Ben Tlhabadira as the party’s proportional representation councillor and contact person, and replacing him with Mr Kopo Motshegwa. It also sought to replace Ms Meisie Mzwana as the registered leader and head of administration of the party with Ms Mita Mtjila. The applicant alleged that Mr Tlhabadira had been expelled from the party and that internal leadership changes had occurred. The IEC refused to effect the changes, citing uncertainty arising from an internal party dispute and non-compliance with statutory requirements, particularly regarding notification by an authorised representative in terms of the Local Government: Municipal Structures Act 117 of 1998. The applicant then attempted to create a deemed decision by imposing a deadline on the IEC and approached the Electoral Court for relief.

The application was dismissed with no order as to costs.

The case clarifies the limits of the Electoral Court’s intervention in internal party disputes and affirms that political parties must strictly comply with statutory requirements when seeking to replace proportional representation councillors. It underscores that litigants cannot create artificial timelines to trigger review jurisdiction and highlights the proper interaction between the Electoral Commission’s regulatory framework and the Municipal Structures Act.