African National Congress v Electoral Commission of South Africa and Others

The African National Congress (ANC) sought to contest a municipal by-election scheduled for 18 January 2023 in Ward 09, Mtubatuba Local Municipality, KwaZulu-Natal. In terms of section 14(1)(b) of the Local Government: Municipal Electoral Act 27 of 2000, a political party was required to pay a prescribed deposit of R1000 by no later than 17h00 on 5 December 2022. An ANC representative obtained an invoice from the Electoral Commission (IEC) but mistakenly paid the deposit into an incorrect bank account associated with Bayport Financial Services instead of the IEC’s account. The payment was only transferred into the IEC’s correct account on 12 December 2022, after the deadline. The IEC consequently disqualified the ANC’s candidate. The ANC brought an urgent review application to set aside the disqualification and sought condonation for late filing. The Inkatha Freedom Party (IFP), which also contested the by-election, applied to intervene.

The application for condonation and the review application were dismissed. The Inkatha Freedom Party was granted leave to intervene. No order as to costs was made.

The case confirms the strict and peremptory nature of statutory requirements governing participation in elections, particularly the payment of prescribed deposits. It underscores that the Electoral Commission has no discretion to condone non-compliance with mandatory electoral requirements and that political parties bear the risk of administrative errors. The judgment reinforces certainty, fairness and equality in the electoral process.