Kortman and Another v Electoral Commission of South Africa and Others

The first applicant, Ms Martha Ntombekhhaya Kortman, was an independent candidate in the 1 November 2021 local government elections for Ward 33, Enock Mgijima Local Municipality, Eastern Cape. The fourth respondent, Ms Nomathamsanqa Mtati, contested under the banner of the African National Congress (ANC) and won the election by a narrow margin of four votes (819 to 815). Ms Kortman lodged an objection under section 65(1) of the Local Government: Municipal Electoral Act 27 of 2000, alleging intimidation, unlawful campaigning, voter interference, chaotic and unsafe conditions, burning of tyres, and voters being turned away at the Nkosiyakhe voting station. The Electoral Commission investigated and dismissed the objection, finding no material irregularities affecting the result. Ms Kortman appealed to the Electoral Court.

The appeal was upheld. The Electoral Commission was ordered to hold a by-election in Ward 33, Tarkastad, within 60 days of the order. No order as to costs was made.

The case underscores the strict standard required for elections to be considered free and fair in South Africa. It affirms that intimidation, unsafe conditions, and unlawful conduct at voting stations—especially in closely contested elections—can render election results invalid. The judgment reinforces the constitutional mandate of the Electoral Commission under section 190 of the Constitution and emphasizes that even limited intimidation is unacceptable.