Afrikaans Kleurling Bewustheids Party (AKBP) and Another v Electoral Commission of South Africa and Others

The Afrikaans Kleurling Bewustheids Party (AKBP), a registered political party, brought an application in the Electoral Court purportedly on behalf of the Ubuntu and Emthanjeni local communities following the 2021 Local Government Elections in the Northern Cape. AKBP alleged widespread misconduct and contraventions of the Electoral Code of Conduct by the IEC, presiding officers, municipal electoral officers and several political parties (ANC, DA, EFF and others). The alleged misconduct included unlawful registration of special votes (including minors) by the ANC and undue influence at voting stations by other parties. AKBP sought far‑reaching relief, including rescission of inaugurated council posts, dismissal of municipal councils, and dissolution of the municipalities to allow national government intervention. The IEC opposed the application, pointing out that AKBP failed to contest the elections due to non‑compliance with statutory requirements, that objections lodged at voting stations were investigated and dismissed, and that the relief sought was legally incompetent.

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

The case reaffirms strict statutory compliance requirements for political parties seeking electoral relief, clarifies the limited jurisdiction and powers of the Electoral Court, and underscores that dissolution of municipal councils is an executive constitutional function, not a judicial one. It also highlights the importance of locus standi, proper joinder, and materiality of electoral objections in South African electoral jurisprudence.