African Restoration Alliance v Independent Electoral Commission of South Africa

Following the National and Provincial Elections held on 29 May 2024, the African Restoration Alliance (ARA) lodged objections with the Independent Electoral Commission (IEC) on 31 May 2024 in terms of section 55 of the Electoral Act 73 of 1998. The objections alleged numerous voting and counting irregularities across several wards in the Western Cape and the Free State, including alleged ballot tampering, exclusion of party agents, voters being turned away, improper conduct by IEC officials, and discrepancies between ballots and voter numbers. On 2 June 2024, the IEC dismissed the objections on the basis that they were non-compliant with section 55 of the Electoral Act read with Regulation 31 of the Election Regulations, inter alia because the objections were not properly supported by sworn statements, lacked proof of service on interested parties, and were not material to the final election results. The applicant then sought leave to appeal to the Electoral Court in terms of section 20(2)(b) of the Electoral Commission Act 51 of 1996. The application for leave to appeal was filed seven days late, necessitating an application for condonation.

The application for condonation for the late filing of the application for leave to appeal was dismissed. No order as to costs was made.

The case reaffirms the strict compliance required with statutory and regulatory procedures governing electoral objections and appeals in South African law. It underscores the urgency of electoral disputes, the importance of adherence to prescribed timeframes, and the necessity of properly joining interested parties. The judgment also illustrates the application of general constitutional principles on condonation and access to courts within the specialised context of electoral litigation.