Sabelo Sithole v Electoral Commission of South Africa and Others

The applicant sought declaratory relief compelling the Electoral Commission of South Africa to recognise and register him as the lawful leader of the Abantu Batho Congress (ABC), a registered political party. The application arose from an internal leadership dispute within ABC, where competing claims were made regarding who was the legitimate party leader. The applicant relied on an alleged Elective National Assembly held on 23 September 2023 at which Mr Gwala was purportedly elected as president, and on the alleged expulsion of Mr Philani Godfrey Mavundla, the intervening party. The Electoral Commission declined to amend its records, citing its policy of not intervening in internal party disputes. At the same time, related litigation concerning the same leadership and expulsion dispute was pending before the Pietermaritzburg High Court under case number 13942/23, where an interim order had been granted halting the expulsion of the intervening party. The intervening party was not properly joined or served in the Electoral Court proceedings.

The application was dismissed with costs on an attorney and client scale.

The case reinforces the Electoral Court’s consistent stance that it will not entertain internal political party leadership disputes where related proceedings are pending before other courts. It underscores the application of lis pendens, the importance of proper joinder in electoral litigation, and the limited role of the Electoral Commission in internal party governance. The judgment also affirms that punitive costs may be awarded in electoral matters where litigation is frivolous or vexatious.