WALLIS AJ The Electoral Court’s jurisdiction [37] This was not addressed by the parties, but was raised in the course of the hearing. Neither party suggested that the Electoral Court lacked jurisdiction, but the grounds therefor need to be considered, because they will determine whether it was able to deal with the issues raised by the applicants and the scope of its powers in doing so. In response to this Court’s query, counsel for the applicants submitted that the case was brought in terms of section 56 of the Electoral Act. But that cannot be accepted, because, in the case of municipal elections, the provisions of the Municipal Electoral Act govern the proceedings. The provisions of the Electoral Act apply only where they are made applicable by a provision of the Municipal Electoral Act. 28 That is not the case with section 56. The source of the Electoral Court’s jurisdiction in this matter must therefore be sought elsewhere. [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.29 Its chairperson must be a judge of the Supreme Court of Appeal.30 It has two other members who are judges and two who are South African citizens.31 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. 28 Section 3(2) of the Municipal Electoral Act. See also African Christian Democratic Party v Electoral Commission and Others [2006] ZACC 1; 2006 (3) SA 305 (CC); 2006 (5) BCLR 579 (CC) at para 15. 29 Section 18 of the Commission Act. 30 At the time Justice KK Mthiyane and now Justice JBZ Shongwe. 31 Section 19(1) of the Commission Act. 22

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