Action SA v The Electoral Commission of South Africa

Action SA, a political party registered in terms of s 15 of the Electoral Commission Act 51 of 1996, contested the 2021 Local Government Elections. At registration, it did not register an abbreviated name or acronym. When the Electoral Commission designed the ward ballot papers under s 23 of the Local Government: Municipal Electoral Act 27 of 2000, it included only registered abbreviations of political parties. As a result, Action SA’s name did not appear in the abbreviation space on ward ballot papers (though its logo and candidate details appeared, and its full name appeared on PR ballots). Action SA urgently applied to the Electoral Court to review and set aside the Commission’s decision, alleging it was unlawful and unconstitutional, and sought orders compelling the reprinting of ballot papers or the use of stickers or stamps to include its name.

The application was dismissed. No order as to costs was made.

The case affirms the wide discretion of the Electoral Commission in designing ballot papers and underscores the importance of compliance by political parties with statutory registration requirements. It clarifies that courts will not interfere with electoral administration decisions that are rational, lawful, and consistent with the legislative framework, particularly in the run-up to elections.