Operation Dudula v Electoral Commission of South Africa and Another

Operation Dudula (OD), a registered political party, intended to contest the 29 May 2024 national and provincial elections. It paid the required deposits and successfully uploaded its provincial candidates lists via the IEC’s Online Candidate Nomination System (the portal). However, it failed to submit a candidates list for the National Assembly by the statutory deadline of 17:00 on 8 March 2024, as required by s 27 of the Electoral Act and the election timetable. OD alleged that technical malfunctions of the IEC’s portal prevented submission and that its attempts to obtain assistance were unsuccessful, leading it to email the list shortly before the deadline. The IEC denied any portal malfunction and contended that OD failed to select the relevant options on the portal and only acted at the last minute. As a result, OD was disqualified from contesting the National Assembly election and sought to review that decision.

Both parties were granted condonation for the late filing of affidavits. The main application to review OD’s disqualification was dismissed. No order as to costs was made.

The case reinforces the principle that strict compliance with election timetables under the Electoral Act is essential to the integrity and fairness of elections. It confirms that the IEC has no power to grant ad hoc condonation for non-compliance and that political parties bear responsibility for meeting statutory requirements. The judgment contributes to Electoral Court jurisprudence emphasising neutrality, certainty, and equality in electoral administration.