Luthuli and Others v The Electoral Commission of South Africa and Ndlovu and Others v The Electoral Commission of South Africa

After the 2021 Local Government Elections, candidates who contested Ward 7 in the eThekwini Municipality lodged an objection with the Electoral Commission in terms of section 65(1) of the Local Government: Municipal Electoral Act 27 of 2000. The objection alleged that a ballot box number or serial number was missing at Ntshongweni Primary voting district and that the ANC unlawfully campaigned openly at Damini voting district. The Commission investigated and dismissed the objection on 6 November 2021, finding it lacked merit and was not material to the outcome. Two sets of applicants then approached the Electoral Court appealing the Commission’s decision and seeking an order setting it aside and directing a by‑election in Ward 7. The second group of applicants raised additional complaints not included in the original objection.

Condonation for the late filing of the Commission’s answering affidavit was granted; the applications were dismissed in their entirety; no order as to costs was made.

The case underscores the strict procedural and substantive requirements governing electoral objections and appeals in South African law. It affirms the need to exhaust internal remedies before the Electoral Commission, the importance of materiality in section 65 objections, and reinforces that vague or unsupported allegations cannot justify setting aside election results or ordering by‑elections.