Arise South Africa v Electoral Commission of South Africa; Independent South African National Civic Organisation v Electoral Commission of South Africa

The matters concerned two unrepresented registered political parties, Arise South Africa (ASA) and the Independent South African National Civic Organisation (ISANCO), who intended to contest the national and provincial elections scheduled for 29 May 2024. The Electoral Commission contended that both parties were disqualified ex lege for failing to comply with the peremptory requirements of section 27 of the Electoral Act 73 of 1998. ASA allegedly failed to submit at least one required regional list of candidates for the National Assembly by the deadline of 8 March 2024, although it submitted a national list. ISANCO allegedly failed to submit sufficient verified voter supporter signatures, as required by section 27(2)(cB), to meet the prescribed quotas for contesting the National Assembly and certain provincial legislatures. Both parties sought to set aside their disqualification, either by review or mandatory interdict, arguing that they had complied with the Act or that the Commission ought to have allowed rectification under section 28.

Both applications were dismissed. Each party was ordered to bear its own costs.

The judgment reaffirms the strict, peremptory nature of compliance with candidate nomination and supporter signature requirements under the Electoral Act. It clarifies that disqualification for non-compliance occurs automatically by operation of law, limits the scope of section 28 rectification powers, and underscores the importance of electoral deadlines to fairness and administrative certainty in elections.