Defenders of the People and Another v Electoral Commission of South Africa and Another

The first applicant, Defenders of the People (DoP), is a registered but unrepresented political party seeking to contest the national and certain provincial elections scheduled for 29 May 2024. On 8 March 2024, DoP submitted candidate lists and supporter signatures to the Electoral Commission after paying the prescribed deposit. The Commission later informed DoP that it did not meet the requirements of the Electoral Act, specifically the minimum quota of voter signatures required under section 27(2)(cB), and excluded it from contesting the elections. DoP objected to its exclusion on 27 March 2024, contending that it had submitted the required documentation. Although the Commission initially (and erroneously) stated that DoP had failed to submit candidate lists timeously, it later clarified that the true basis for exclusion was DoP’s failure to meet the supporter signature quota by the deadline in the election timetable. DoP sought to review and set aside the Commission’s decision and to be reinstated as a contesting party.

The application was dismissed. Each party was ordered to pay its own costs.

The case reinforces the strict and non-negotiable nature of compliance with electoral timetables and statutory requirements under the Electoral Act. It confirms that the Electoral Commission has no discretion to condone late or insufficient compliance with supporter signature quotas and underscores the principle that exclusions resulting from non-compliance occur by operation of law, not administrative discretion. The judgment contributes to certainty and fairness in the administration of elections in South Africa.