Shai v The Electoral Commission of South Africa and Others

The applicant, Professor Kgothatso Shai, acting as a voter and member of the public, lodged an objection under section 65 of the Local Government: Municipal Electoral Act 27 of 2000 following the 2021 Local Government Elections. He alleged various electoral irregularities in Ward 2 of the Maruleng Local Municipality, including discrepancies in voters’ rolls, missing or incorrect addresses, alleged participation of non-residents, and purportedly forged applications for special votes. He contended that these irregularities impaired the legitimacy of the election outcome and sought to have the ward results declared null and void or for votes cast for the ANC to be invalidated. The Electoral Commission of South Africa (IEC) condoned the late objection but dismissed it on the basis that it lacked substantiation, specificity, and materiality, and that the relief sought was incompetent. The applicant appealed this decision to the Electoral Court.

The application and appeal were dismissed. No order as to costs was made.

This case reaffirms the strict requirements for electoral objections under section 65 of the Municipal Electoral Act, particularly the need for materiality, specificity, and supporting evidence. It underscores that mere allegations of irregularities, without proof of an effect on election results, are insufficient. The judgment clarifies the limited scope of relief available to both the IEC and the Electoral Court in electoral disputes, reinforcing legal certainty in municipal election challenges.