Democratic Alliance in re Electoral Commission of South Africa v Minister of Cooperative Governance and Traditional Affairs and Others

Following the Constitutional Court’s earlier order in Electoral Commission v Minister of Cooperative Governance and Traditional Affairs [2021] ZACC 29, which set aside the Minister’s proclamation fixing 27 October 2021 as the local government election date, the Electoral Commission determined that it was practically possible to hold a voter registration weekend on 18–19 September 2021. Consequent upon this, the Commission announced its intention to amend the existing election timetable by extending the deadline for the submission of party lists and ward candidate nominations to 21 September 2021. The Democratic Alliance (DA) launched an urgent application for direct access to the Constitutional Court, challenging this decision to reopen the candidate nomination process. The DA contended that the Court’s earlier order only permitted timetable amendments reasonably necessary to accommodate voter registration, not the reopening of candidate nominations. The application was supported by some political parties and opposed by the Electoral Commission, the Minister, and the African National Congress.

The Democratic Alliance’s prayer for direct access on an urgent basis was granted, but its substantive application to set aside the Commission’s extension decision was dismissed. Each party was ordered to pay its own costs.

The case clarifies the limits of the Electoral Commission’s power to amend an election timetable following judicial intervention. It affirms that court orders in electoral matters must be interpreted contextually and purposively, with primary regard to the constitutional rights implicated—in this instance, the right to vote rather than the interests of political parties or candidates. The judgment reinforces certainty and finality in electoral timetables close to elections.