Tsogang Civic Movement v Electoral Commission of South Africa and Others

The applicant, Tsogang Civic Movement, sought to register as a political party in November 2022 in order to contest by-elections scheduled for 14 December 2022 in the Ditsobotla Local Municipality. In terms of the Electoral Commission Act 51 of 1996, an applicant for registration must publish a prescribed notice and allow a 14-day period for objections before a registration certificate may be issued by the Chief Electoral Officer (CEO) of the Electoral Commission. Although the applicant timeously submitted its notice for publication to the Government Printing Works on 1 November 2022, the notice was only published on 18 November 2022. Proof of publication was submitted to the CEO on 21 November 2022. The 14-day statutory period had therefore not elapsed before the cut-off date for submission of candidate lists (21 November 2022) and before the applicant demanded that the CEO issue a registration certificate. The CEO refused, citing non-compliance with peremptory statutory requirements. The applicant brought an urgent review application seeking to compel registration, alternatively to postpone the by-elections.

The application was dismissed in its entirety, including the alternative request for postponement of the by-elections, with no order as to costs.

The case affirms the strict, peremptory nature of statutory requirements governing the registration of political parties in South Africa. It underscores that the Electoral Commission and its Chief Electoral Officer have no discretion to relax or bypass legislated time periods, even where non-compliance is allegedly caused by third parties. The judgment reinforces the principle of legality in electoral administration and highlights the importance of procedural compliance and proper joinder in electoral disputes.