National Freedom Party v Electoral Commission and Another

The National Freedom Party (NFP), a registered political party, intended to participate in the municipal elections scheduled for 3 August 2016. In terms of the Local Government: Municipal Electoral Act 27 of 2000 and the election timetable published by the Electoral Commission (IEC), political parties were required to pay candidate deposits by 2 June 2016. The NFP failed to pay the required deposits by the deadline and only paid them on 22 June 2016. The IEC indicated that it lacked the power to condone late payment. The NFP approached the Electoral Court on an urgent basis seeking leave to appeal against what it characterised as decisions of the IEC, or alternatively relief framed as a review, effectively seeking to compel the IEC to amend the election timetable under section 11(2)(b) of the Municipal Electoral Act to allow its participation. The Inkatha Freedom Party (IFP) applied to intervene. During argument, the NFP abandoned parts of its original relief and persisted only with alternative relief aimed at having the matter referred back to the IEC.

The application was dismissed, and no order as to costs was made. The application for intervention by the IFP was not considered due to the dismissal of the main application.

The case reaffirms the strict, mandatory nature of compliance with electoral legislation and election timetables in South African electoral law. It underscores that neither the Electoral Commission nor the Electoral Court has the power to condone late compliance where the statute provides none, and that the integrity and perceived fairness of elections depend on even-handed enforcement of electoral prescripts.