Independent South African National Civic Organisation v Ramosie and Another

The Independent South African National Civic Organisation (ISANCO) was plagued by an internal leadership dispute between two factions, one led by Bakoena Stephanie Ramosie and another by Dr Zukile Luyenge. This dispute resulted in conflicting court orders and administrative uncertainty for the Electoral Commission of South Africa (IEC) regarding who should be recorded as ISANCO’s leader and contact person. Following various High Court proceedings, the IEC, acting on an extant Free State High Court order, recorded Ramosie as leader. ISANCO, acting through its National Working Committee and represented by Mr Ndabambi, brought a review application in the Electoral Court under section 20 of the Electoral Commission Act, alleging that the IEC acted unlawfully by refusing to implement a later High Court order that favoured Dr Luyenge. The IEC opposed the application on procedural grounds, including lateness.

The review application was dismissed, and each party was ordered to pay its own costs.

The case underscores the strict procedural requirements applicable to reviews in the Electoral Court, particularly the importance of complying with the short time limits in electoral matters. It clarifies that legality reviews in the electoral context remain subject to prescribed rules and that failure to seek condonation for late filings is fatal. The judgment highlights the need for certainty and expedition in electoral administration and political party leadership disputes.