Ndabene Elias Ntlebi v Electoral Commission of South Africa, Free State Provincial Office and Others

Mr Ntlebi was a ward councillor at the Nala Local Municipality, deployed by the ANC. On 9 June 2025, the ANC Free State Provincial Disciplinary Committee (PDC) convened a disciplinary hearing but determined that it lacked jurisdiction over Mr Ntlebi as his membership had expired in February 2025. On 17 June 2025, Mr Ntlebi was formally informed in writing that he had ceased to be a member of the ANC and could no longer represent the party. The ANC advised the Municipal Manager to request the IEC Free State to declare a vacancy and prepare for by-elections in Ward 7. Despite Mr Ntlebi having paid his membership fees after the hearing, the ANC maintained its decision. The IEC Free State published a draft timetable for the Ward 7 by-election in June 2025. On 7 July 2025, Mr Ntlebi launched an urgent application in the Electoral Court seeking to review and set aside the declaration of vacancy and interdict the by-elections scheduled for 10 September 2025.

• Whether the applicant complied with the prescribed time limits under rule 6(1) of the Electoral Court Rules requiring review applications to be lodged within three days after the decision
• Whether good cause was shown for non-compliance with the prescribed time limits
• Whether the application was properly brought on an urgent basis
• Whether the applicant had locus standi to challenge the IEC's decision given that he was no longer a member of the ANC
• Whether a costs order was warranted in the circumstances

The application was struck from the roll. No costs order was made.

An applicant seeking to review a decision of the Electoral Commission in terms of s 20(1) of the Electoral Commission Act 51 of 1996 must comply with rule 6(1) of the Electoral Court Rules, which requires that a comprehensive written submission be lodged within three days after the decision has been made. Failure to comply with the prescribed time limits will result in the application being barred unless good cause is shown for non-compliance in terms of rule 10. The time period commences from the date on which the applicant is informed of the decision that forms the basis of the complaint. Where an applicant has ceased to be a member of a political party and has been informed of this fact, that is the moment the clock starts running for purposes of challenging any consequential decisions. A party who has ceased to be a member of a political party lacks locus standi to challenge decisions of the Electoral Commission that flow from the termination of such membership, where the proper course would have been to challenge the party's membership decision itself.

The Court noted that it would not be in the interests of justice to analyse the merits and demerits of the application, as this would merely serve as a preventative measure to avoid fruitless applications in the future. The Court observed that Mr Ntlebi's complaint was against the treatment he received from the ANC and not so much the conduct of the IEC Free State which followed upon the request of the party that had initially deployed him. The Court remarked that any challenge to Mr Ntlebi's membership should have involved the party that made that decision, and that he should have challenged his eligibility as a member of good standing with his own political party expeditiously. On costs, the Court observed that while the general rule in electoral matters is not to impose costs on a losing party, the rule is not inflexible where there are strong reasons justifying departure, but concluded that such reasons did not exist in this case.

This case reinforces the strict time limits applicable to review applications in electoral matters under the Electoral Commission Act and the Electoral Court Rules. It emphasizes that parties seeking to review decisions of the Electoral Commission must act expeditiously and comply with the three-day time limit prescribed in rule 6(1), and that failure to provide a proper explanation for delay will result in the application being struck from the roll. The case also illustrates the importance of locus standi in electoral disputes, particularly where a councillor's party membership has been terminated. It demonstrates that challenges to party membership decisions should be brought directly against the party concerned, and that such challenges must be pursued with urgency. The judgment reinforces the Electoral Court's commitment to disposing of electoral matters expeditiously, consistent with the urgent nature of electoral disputes and the need for certainty in the electoral process.