African Independent Congress v Electoral Commission of South Africa and Others

The African Independent Congress (AIC), a registered political party, experienced prolonged internal leadership disputes since its formation in 2012, resulting in two rival factions claiming lawful leadership. Due to this infighting, the party failed to hold elective conferences, its leadership term lapsed, and litigation ensued between the factions until May 2022. As a consequence of the instability and non-compliance with statutory obligations, the Electoral Commission barred the AIC from participating in by-elections, froze certain party activities, and suspended funding. In October 2022, and following further consultations concluded in December 2023, the factions resolved their disputes and agreed on an Interim National Executive Committee (INEC), formalised in an agreement signed on 17 January 2024. The Electoral Commission declined to recognise the INEC without a court order, prompting the AIC to seek urgent declaratory and interdictory relief compelling recognition of its leadership and ancillary relief regarding funding and bank accounts.

The Electoral Commission was ordered to recognise the members listed in annexure ‘A’ as the AIC’s Interim National Executive Committee. The AIC was directed to comply with section 12 of the Political Party Funding Act by submitting financial statements within 30 days. Relief relating to payment of suspended funds and unfreezing of bank accounts was dismissed. The application was heard as urgent, and no order as to costs was made.

The case affirms the Electoral Court’s role in resolving leadership recognition disputes within political parties where such disputes impair electoral participation. It clarifies the limits of judicial intervention in matters governed by the Political Party Funding Act, reinforcing the statutory powers of the Electoral Commission regarding suspension of funding. The judgment also underscores principles of urgency in electoral litigation and the necessity of joinder where third parties have a direct and substantial interest.