Suid-Kaap Saamstaan v Electoral Commission of South Africa & Others

The applicant, Suid-Kaap Saamstaan, approached the Electoral Court seeking to remove the fifth respondent (Mlandeli Abednico Nnyuka) as the registered contact person of the party and to replace him with Stephzel Willemse. The applicant also sought to amend its Proportional Representation (PR) candidate list. The application arose from an internal party dispute regarding the alleged expulsion of the fifth respondent from the party and whether certain members had authority to issue instructions to the Electoral Commission. The fifth respondent disputed his expulsion and maintained he was the registered party leader. The Commission advised the applicant that it does not deal with internal party disputes and that they should approach the Electoral Court. The application was brought on 14 May 2022, six months after the November 2021 local government elections and nine months after Regulation 9 of the Regulations for the Registration of Political Parties 2004 had been amended.

• Whether the Electoral Commission could accept notification of changes in a political party's registration particulars from persons other than the registered party leader
• Whether the dispute regarding the party leadership and the alleged expulsion of the fifth respondent constituted an internal party dispute beyond the Commission's jurisdiction
• What the proper procedure was for notifying the Commission of changes to a party's founding particulars and candidate lists under the amended Regulation 9

The application was dismissed with no order as to costs.

The binding legal principle established is that under Regulation 9 of the Regulations for the Registration of Political Parties 2004 (as amended on 27 August 2021), any change in the registration particulars of a political party must be notified to the Chief Electoral Officer in writing within 30 days of such change by the registered leader of the party. The Electoral Commission is entitled to rely on its official records as to who is the registered party leader and cannot accept notifications of changes from other persons claiming to represent the party. Disputes regarding the composition of party leadership and the expulsion of members constitute internal party disputes which fall outside the Electoral Commission's jurisdiction and must be resolved through the Electoral Court.

The court made non-binding observations thanking the Electoral Commission for providing a clear and concise explanatory affidavit setting out the legal procedural framework regarding changes of leadership or vacancies in a political party's composition. The court also urged political party leaders to encourage their membership to acquaint themselves with current applicable rules, regulations and legislation, noting that this would save them financially by avoiding meritless applications. The court observed that the applicant should have withdrawn the application once it conceded in its replying affidavit that it was unaware of the amendment to Regulation 9, rather than persisting with it.

This case is significant in South African electoral law as it clarifies the strict procedural requirements for notifying the Electoral Commission of changes to a political party's registration particulars. It reinforces that only the registered party leader, as recorded in the Commission's official records, has the authority to notify changes under Regulation 9 of the Regulations for the Registration of Political Parties 2004 (as amended in 2021). The judgment also confirms the Electoral Commission's position that it does not adjudicate internal party disputes, and that such disputes must be resolved through the Electoral Court under s 20(2)(a) of the Electoral Commission Act 51 of 1996. The case serves as a reminder to political parties to ensure they are aware of current applicable electoral legislation and regulations.