Democratic Alliance and Another v The African National Congress and Others

The African National Congress (ANC) sought to contest a municipal by-election in Ward 28 of the Steve Tshwete Local Municipality scheduled for 25 February 2015 and nominated Thabang Nathaniel Morufane as its candidate. The statutory deadline for submission of nomination documents was 17h00 on 2 February 2015. The ANC’s representative arrived timeously but initially lacked a signed letter of authority and the required deposit cheque. The letter of authority was faxed before 17h00. The representative left briefly to obtain the cheque and returned shortly before or shortly after 17h00 (the exact time was disputed). By the time she returned, the Electoral Commission’s office was locked; she knocked and eventually slid the cheque under the door shortly after 17h00. The Electoral Commission refused to register the ANC candidate on the basis that the deposit cheque did not accompany the nomination form by the cut-off time. The ANC successfully brought an urgent application reviewing and setting aside that decision. The Democratic Alliance (DA) then applied for rescission of the court’s earlier order.

The application for rescission was dismissed; the earlier order of 8 February 2015 was confirmed; the Electoral Commission was directed to accept and register the ANC’s nominated candidate; no order as to costs was made.

The case reinforces a flexible, purposive approach to the interpretation of electoral legislation in South Africa, confirming that minimal and non-prejudicial non-compliance with electoral timeframes should not unjustifiably bar political participation. It underscores the primacy of constitutional values of multi-party democracy and electoral inclusivity in the administration of elections.