African Alliance v The Electoral Commission

The African Alliance sought urgent relief compelling the Electoral Commission to issue it with a registration certificate as a contesting party and to accept its list of candidates for the local government elections scheduled for 18 May 2011. The party had applied for registration in November 2010, but its application was defective and delays in rectifying the defects were largely of its own making. Although its registration was eventually approved subject to a 30-day objection period, the applicant attempted to submit its candidate lists and related documents at the incorrect IEC office shortly before the cut-off time. The documents were refused because section 14 of the Local Government: Municipal Electoral Act 27 of 2000 requires submission at a specific office. The applicant alleged ignorance of the procedures and contended that the IEC failed to assist or inform it adequately.

The application was dismissed, with the result that the African Alliance was not permitted to contest the 18 May 2011 local government elections.

The case underscores the importance of strict compliance with electoral legislation in South Africa and affirms the principle that the Electoral Commission must apply the law uniformly to preserve its independence and the integrity of free and fair elections. It reinforces Constitutional Court authority that failure to comply with mandatory electoral requirements disqualifies a party from participating in elections.