Nyaku v The Electoral Commission of South Africa (Chief Electoral Officer) and Others

The applicant sought urgent relief to review and set aside the Electoral Commission’s decision to exclude him from contesting the 1 November 2021 local government elections as an independent ward candidate in Ward 11, Midvaal Local Municipality. He had submitted a nomination acceptance form, ID copy, and proof of payment on 21 September 2021, and was required to submit a prescribed form with at least 50 voter signatures by the cut-off time. On 22 September 2021 he submitted voter signature forms, some of which were illegible, and later emailed replacement signatures. He was subsequently informed that his registration had been cancelled. The applicant argued that he had complied timeously and that the election timetable allowed submission of outstanding documents until 23 September 2021.

The application was dismissed, with no order as to costs. The applicant was not reinstated as a candidate and the election was not postponed.

The case reaffirms the principle of strict adherence to election timetables in South African electoral law and underscores that failure to comply with statutory deadlines for candidate nominations renders a nomination invalid. It highlights the importance of certainty, fairness, and administrative efficiency in the electoral process.