New Nation Movement NPC and Others v President of the Republic of South Africa
Judgment
My Vote Counts NPC v. Minister of Justice and Correctional Services
Judgment
Inkatha Freedom Party v. Independent Electoral Commission
Country
South Africa
Judgment
Plaaslike Besorgde Inwoners v. Independent Electoral Commission
Country
South Africa
Judgment
Democratic Alliance v. Electoral Commission
Country
South Africa
Judgment
Alternative Dispute Resolution in Elections: Practitioner Brief
Document contents
Chair of Electoral Court of South Africa
Eldred De Klerk, Project Manager, Independent Electoral Commission of South Africa
South Africa
Granville Abrahams, General Manager
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Budding Democracy or Judicialisation: Lessons from Africa’s Emerging Electoral Jurisprudence
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AFRICA JUDGES & JURISTS FORUM (AJJF)
158 Jan Smuts Avenue, Rosebank Johannesburg
South Africa
Email: info@africajurists.org
www.africajurists.org
ii
DISCLAIMER
The production of this book
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Electoral Justice: The International IDEA Handbook
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the Congo
Electoral Institute for the Sustainability of Democracy in Africa (EISA),
South Africa
Institute for Education in Democracy (IED), Kenya
VII
Instituto Federal Electoral
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Scrutiny in Electoral Disputes: A Kenyan Judicial Perspective
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2011, s. 6(1).
27 Countries such as the USA, Canada, Australia, India, and South Africa carry out scrutiny at various stages of their
respective electoral processes.
28
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Marube Ombeta, Kamotho Njenga v. Independent Electoral and Boundaries Commission
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common law was
developed.
196. In South Africa, the Constitutional Court in President of the Republic of
South Africa and Others vs. South African Rugby
Judgment
Bench Book on Electoral Dispute Resolution
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v President of the Republic of South Africa & 3 Others (263/11) [2011] ZASCA 241
(Supreme Court of Appeal of South Africa)
Dennis Gakuu Wahome v IEBC
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In re Representation of People Act and the September 7, 2015 Elections.
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passage from a judgment of the
Constitutional Court of South Africa in President of the Republic of
South Africa and others v South African Rugby Football Union and
Judgment
Quinn Leandro v. Jonas
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Rule 1(7) of the Election Rules.
New National Party of South Africa v Government of the Republic of
South Africa. (1995) 5 BCLR 489,mentioned.
4. Notwithstanding that late
Judgment
Mavedzenge v. Minister of Justice, Legal and Parliamentary Affairs
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court to the case of New National Party v Government
of the Republic of South Africa and Ors 1999 (3) SA 191 (CC) in which the South African
Constitutional Court
Judgment
Timba v. Electoral Commission
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or
convenience arises.”(my emphasis)
1
2
“Civil Practice of the High Courts of South Africa”, 5th ed. at page 217
5th ed, ibid
Judgment No. SC 69/15 9
Civil
Judgment
Odinga v. IEBC
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Attorney General further cited the decision of the Constitutional
Court of South Africa in Richter v. Minister for Home Affairs &
Others31 where it was pointed
Judgment
International Covenant on Civil and Political Rights
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Nations — Treaty Series • Nations Unies — Recueil des Traités
277
FOR SOUTH AFRICA:
POUR L'AFRIQUE DU SUP:
3a lOatayio Atypassy:
POR SUDAFRICA:
FOR SPAIN:
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Election Investigations Guidebook
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voluntary but the one person who declined sent a
written response.170 In South Africa, the Election Commission may afford
interested parties the opportunity to make
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An Integrated Approach to Election and Conflict
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even in the face of irregularities or crises. This was the case in South Africa in 1994,
when the actual polling process exhibited a number of irregularities
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Advocate Prem Chandra Rai vs Government of Nepal
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in that country. It seems that
countries like Afghanistan, Argentina, Hungary, South Africa, etc. have
given the opportunity to vote to citizens abroad through this
Judgment
The Right to Participate in the Government of One's Country in the Context of an Election Held During a Public Health Emergency or a Pandemic, Such as the COVID-19 Crisis, No. 001/2020, Advisory Opinion, African Court on Human and Peoples' Rights [Afr. Ct. H.P.R.] (July 16, 2021).
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Liberia, Nigeria,
Somalia, with subnational elections postponed in Botswana, Libya, South Africa,
Tunisia and Zimbabwe. Postponements varied considerably, from a one-month
delay
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Staatkundig Gereformeerde Partij v. the Netherlands
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Reformed tradition, in the Netherlands and
elsewhere (e.g. in Germany, North America, South Africa).
2 Romans 13:1: “Let every soul be subject unto the higher powers. For
Judgment
International Standards for the Independence of the Judiciary
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are
disadvantageous to judges (e.g. Constitution of Kenya, Art.
160; Constitution of South Africa, Art. 176), the constitution
need not stipulate what the remuneration and benefits
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ACHPR Tanganyika Law Society v. Tanzania
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Activity Report (2000-2001) and Communication No
255/2002 Gareth Anver Prince v South Africa Eighteenth Activity Report
(July 2004 –December 2004), the Commission has stated
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GUARDE: Guidelines for Understanding, Adjudicating, and Resolving Disputes in Elections
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Mexico and parts of Eastern Europe, and certain African countries including South Africa, Mauritius, and Botswana.
The situation is different when it comes
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Tanganyika Law Society v. Tanzania
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Report (2000-2001) and Communication No 255/
2002 Gareth Anver Prince v South Africa Eighteenth Activity Report
(July 2004 –December 2004), the Commission has stated
Judgment
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors, and Lawyers
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Franciscans International, the General Council of the Bar of South
Africa (Johannesburg, South Africa), the Secretariat of the Inter-American Commission on Human
Rights
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Electoral Justice for All: A Practitioner's Guide to Increasing Women's Access to Electoral Justice
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”
-
Justice Mandisa Maya, Deputy Chief Justice
of the Republic of South Africa
marginalized groups, such as ethnic or religious minorities,
and at more
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