African Independent Congress v The Electoral Commission and Others

A by-election was held on 30 September 2015 in Ward 12 of the Matatiele Local Municipality, Eastern Cape, following a proclamation by the MEC in terms of the Municipal Structures Act. The election was contested by candidates of the African Independent Congress (AIC) and the African National Congress (ANC). At voting district 11781042, the ANC candidate obtained 400 votes and the AIC candidate 70 votes. The AIC lodged objections with the Electoral Commission alleging irregularities, including temporary obscuring of the ballot box, closure of the voting station for a lunch break without authorisation, exclusion of party agents during that break, and a discrepancy in the number of votes cast before and after lunch suggesting ballot stuffing. The Electoral Commission investigated, relied on zip-zap scanner data, found no evidence of fraud, and rejected the objection on the basis that any irregularities did not materially affect the outcome. The AIC appealed that decision to the Electoral Court.

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

The case affirms the application of a materiality test in South African electoral disputes, confirming that even breaches of peremptory statutory provisions will not automatically invalidate election results unless they materially affect the outcome. It aligns electoral jurisprudence with broader administrative-law principles developed in AllPay, balancing electoral integrity with stability of democratic outcomes.