National Freedom Party v Electoral Commission of South Africa and Others

The National Freedom Party (NFP) has long been beset by internal factional disputes regarding its leadership. An elective conference held in December 2019 elected a National Executive Committee (NEC), but that conference was later set aside by the KwaZulu-Natal High Court in November 2021. Although applications for leave to appeal were pursued and are pending before the Supreme Court of Appeal, the Electoral Commission of South Africa (IEC) declined for a period to recognise any NFP leadership. In December 2023, a further elective conference was held, resulting in the election of a new NEC, which the IEC recognised on 26 February 2024. Mr Siphokazi Zulu, acting on behalf of a faction aligned to the 2019 NEC, brought an urgent application to the Electoral Court to compel the IEC to recognise the 2019 NEC as the only lawful authority entitled to submit candidate lists for the 2024 national and provincial elections. The application was not served on the 2023 NEC despite their direct interest. Two NFP members applied to intervene, opposing the relief.

Leave was granted to the second and third respondents to intervene. The applicant’s application to compel the IEC to recognise the 2019 NEC was dismissed. No order as to costs was made.

The case underscores the strict procedural requirements in electoral litigation, particularly the necessity of joinder of all interested parties and the impermissibility of seeking substantive relief without reviewing existing administrative decisions. It affirms the Electoral Court’s intolerance of forum shopping and clarifies the effect of pending appeals on the status quo in leadership disputes within political parties, reinforcing the IEC’s role as an impartial constitutional body.