7
[13]
This court’s powers are, inter alia, set out in s 20 of the Act. In terms of s 20(1)(a)
it may review any decision of the Commission, which powers of review are wide.
The Constitutional Court in Kham and Others v Electoral Commission and Another says
the following on the subject9:
‘[38]
The consideration of the jurisdiction and powers of the Electoral Court should
commence with the Commission Act under which the Electoral Court was established. It
is established for the whole of the Republic of South Africa with the status of the High
Court. Its chairperson must be a judge of the Supreme Court of Appeal. It has two other
members who are judges and two who are South African citizens. Its powers, duties and
functions are spelled out in section 20. As regards the ambit of its jurisdiction this is
defined in section 20(1), which reads that “[t]he Electoral Court may review any decision
of the Commission relating to an electoral matter”. If the Electoral Court had jurisdiction
in this case, it is in this provision that one would expect to find it.
[39] The point that strikes one immediately about section 20(1) is that the jurisdiction it
confers on the Electoral Court is extremely broad. It is a power to review “any decision”
by the IEC. Many years ago Innes CJ pointed out that
“‘[a]ny’ is, upon the face of it, a word of wide and unqualified generality. It may be restricted
by the subject-matter or the context, but prima facie it is unlimited.”
The use of the word “any” to describe the decisions of the IEC that are subject to the
review powers of the Electoral Court must be taken to mean each and every decision,
unless there is something in the context that justifies a more restrictive meaning. But the
only restriction is that the decisions that are subject to this judicial oversight are decisions
“relating to an electoral matter”. In other words, decisions by the IEC over where to locate
its offices, or how to source equipment, or who should be employed, are not included.
But, if the decision relates to an electoral matter, then it is included and “any” decision in
that regard is subject to review by the Electoral Court.’
9
2016 (2) SA 338 (CC) paras 38-39.