Gamagara Community Forum v The Electoral Commission of South Africa and Others

The applicant, Gamagara Community Forum, a registered political party, contested Ward 3 and Ward 4 in the 2021 Local Government Elections in the Gamagara Local Municipality. After the elections, it lodged an objection in terms of section 65(9) of the Local Government: Municipal Electoral Act 27 of 2000, alleging multiple irregularities primarily relating to Ward 4. These included alleged unlawful voter registration across wards, improper issuing of ballot papers, refusal to accept valid identity documents, failures to mark voters’ thumbs with ink, discrepancies in ballot counts, absence and alleged bias of a presiding officer, and failures by electoral officials to address reported irregularities. The Electoral Commission investigated and rejected the objection on 11 November 2021 on the basis that the allegations were unsubstantiated. The applicant then sought to review and set aside the Commission’s decision, to nullify the election results in Wards 3 and 4, and to compel the Commission to hold by-elections.

The application was dismissed. No order as to costs was made.

The case underscores the strict procedural and evidentiary requirements applicable to election disputes in South African law. It reaffirms the importance of compliance with statutory time limits, proper joinder of interested parties, and proof of authority to litigate. The judgment also illustrates the high threshold for setting aside election results and the deference afforded to the Electoral Commission’s decisions where allegations of irregularities are unsubstantiated.