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9 I agree. _____________ Ms. S. Pather Member of the Electoral Court

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Freedom Front Plus v. Electoral Commission of South Africa

Judgment

Alleged Acts: The respondent applied to be Chief Electoral Officer with the Commission.

Procedural history: The Court previously determined that the Commission must publish its decisions as soon as reasonably possible. The Commission failed to publish the registration of the respondent. The Commission asked the court to reiterate its findings.

Summary: Publication of registration is a triggering mechanism which permits other parties to bring a cause of action and appeal the decision on registration. However, the appellant in this case lodged a complaint without the objection. The Commission's dismissal of the complaint was improper because the thirty day requirements only begins once the public is given sufficient notice of the requirements.

Conclusion: The publication triggers the timeframe and the rights of the appellant in this case. The decision of the Commission to set aside the complaint is reversed.

Legal Issue(s)

EMB Operation

Applicable Law(s): Elect. Comm'n Act 16(2); Elect. Comm'n Act 15(5); Elect. Comm'n Act 51.

Region: Africa

Country: South Africa

Language of Decision

English

Court: Electoral Court

Election Type: Review of law

Date of decision: Apr 29, 2019

Geolocation

Latitude: -33.87375177

Longitude: 18.6816943

: Geolocation

Primary Documents

Freedom Front Plus v. Electoral Commission of South Africa.pdf
English
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