Election Judgments - IFES

Election Judgments - IFES

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30 shown of 32 entities

Freedom Front Plus v. Electoral Commission of South Africa

Country
South Africa
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Legal Issue(s)
  • EMB Operation
Country
South Africa
Language of Decision
  • English
Date of decision
Apr 29, 2019
Judgment
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New Nation Movement NPC and Others v President of the Republic of South Africa

Country
South Africa
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Question Presented
Whether the requirement of political party membership for candidate eligibility is constitutional.
Legal Issue(s)
  • Candidate Registration
Country
South Africa
Language of Decision
  • English
Date of decision
Jun 11, 2020
Judgment
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My Vote Counts NPC v. Minister of Justice and Correctional Services

Country
South Africa
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Question Presented
Is the current Promotion of Access to Information Act unconstitutional?
Legal Issue(s)
  • Campaign Finance
Country
South Africa
Language of Decision
  • English
Date of decision
Jun 21, 2018
Judgment
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Kham v. Electoral Commission

Country
South Africa
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Question Presented
Should elections be annulled when the IEC did not provide timely access to voter rolls to the petitioners before elections?
Legal Issue(s)
  • Disputing Results
  • Electoral Integrity
  • Voter Registration
Country
South Africa
Language of Decision
  • English
Date of decision
Nov 1, 2015
Judgment
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Inkatha Freedom Party v. Independent Electoral Commission

Country
South Africa
Question Presented
Whether alleged electoral illegalities were sufficient to require an investigation into the election results.
Legal Issue(s)
  • Civil Procedure
  • Electoral Integrity
Country
South Africa
Language of Decision
  • English
Date of decision
Jul 14, 2001
Judgment
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Democratic Alliance v. Electoral Commission

Country
South Africa
Question Presented
Whether the Commission is able to make this determination and implement the enforcement action.
Legal Issue(s)
  • EMB Operation
Country
South Africa
Language of Decision
  • English
Judgment
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Plaaslike Besorgde Inwoners v. Independent Electoral Commission

Country
South Africa
Question Presented
Whether the municipal government elections for four wards in the George Local Municipality should be annulled due to alleged wrongs and irregularities in the voting and counting procedures.
Legal Issue(s)
  • Disputing Results
Country
South Africa
Language of Decision
  • English
Date of decision
Jan 5, 2021
Judgment
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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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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
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Budding Democracy or Judicialisation: Lessons from Africa’s Emerging Electoral Jurisprudence

Document contents
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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Legal Issue and/or Topic
  • Election Annulments
  • Election Dispute Resolution
Language
  • English
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Electoral Justice: The International IDEA Handbook

Document contents
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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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
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Scrutiny in Electoral Disputes: A Kenyan Judicial Perspective

Document contents
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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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
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Marube Ombeta, Kamotho Njenga v. Independent Electoral and Boundaries Commission

Document contents
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
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Question Presented
Whether the Independent Electoral and Boundaries Commission (IEBC)’s decision to implement the two-thirds gender rule for the 2022 elections is unconstitutional. Whether the IEBC’s decision to reject the petitioner’s candidate nominations list for the National Assembly and the Senate was unconstitutional.
Legal Issue(s)
  • Candidate Registration
  • Gender
  • Quotas
Country
Kenya
Language of Decision
  • English
Date of decision
Jun 13, 2022
Judgment
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Bench Book on Electoral Dispute Resolution

Document contents
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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Legal Issue and/or Topic
  • Election Dispute Resolution
  • Judicial Independence
  • Legal Frameworks
  • Regional Jurisprudence
Language
  • English
Resources
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In re Representation of People Act and the September 7, 2015 Elections.

Document contents
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
Question Presented
Whether the potential for Chief Justice bias is sufficient to overturn the dismissal of a petition challenging election results.
Legal Issue(s)
  • Civil Procedure
  • Electoral Integrity
  • Judicial Independence
Country
Trinidad and Tobago
Language of Decision
  • English
Date of decision
Feb 6, 2020
Judgment
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Quinn Leandro v. Jonas

Document contents
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
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Legal Issue(s)
  • Disputing Results
  • Electoral Administration Irregularities
  • Electoral Integrity
Country
Antigua and Barbuda
Language of Decision
  • English
Date of decision
Oct 27, 2010
Judgment
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Timba v. Electoral Commission

Document contents
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
Legal Issue(s)
  • Civil Procedure
  • Disputing Results
Country
Zimbabwe
Language of Decision
  • English
Date of decision
Jan 9, 2014
Judgment
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Mavedzenge v. Minister of Justice, Legal and Parliamentary Affairs

Document contents
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
Question Presented
Applicant seeks declaration of constitutional invalidity of Electoral Act section 192(6), particularly striking the phrase "approved by the Minister" from the provision. Is the Minister's approval requirement tantamount to the ZEC being subject to his direction and control?
Legal Issue(s)
  • EMB Independence
Country
Zimbabwe
Language of Decision
  • English
Date of decision
May 31, 2018
Judgment
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Odinga v. IEBC

Document contents
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
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Question Presented
Which party has the burden of proof to contest an election?
Legal Issue(s)
  • Disputing Results
  • Electoral Integrity
Country
Kenya
Language of Decision
  • English
Date of decision
Sep 1, 2017
Judgment
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International Covenant on Civil and Political Rights

Document contents
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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Legal Issue and/or Topic
  • International Treaty
Language
  • English
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Election Investigations Guidebook

Document contents
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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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
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An Integrated Approach to Election and Conflict

Document contents
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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Preview
Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
Resources
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Advocate Prem Chandra Rai vs Government of Nepal

Document contents
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
Question Presented
Whether Nepali citizens residing abroad should be given the opportunity to vote from the country in which they currently reside. Whether restricted voting rights on Nepali citizens living abroad violates the constitutional right to vote.
Legal Issue(s)
  • Accessibility
  • Elections as a Fundamental Right
  • Out of Country Voting
Country
Nepal
Language of Decision
  • Nepali
Date of decision
Mar 21, 2018
Judgment
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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).

Document contents
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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Legal Issue and/or Topic
  • COVID-19 (Postponement and Accessibility)
Language
  • English
Resources
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Staatkundig Gereformeerde Partij v. the Netherlands

Document contents
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
Question Presented
Whether religiously affiliated parties can exclude women from running as candidates on the grounds that forcing the party to host women candidates violates its freedom of religious expression, as it believes women are unsuited for public office?
Legal Issue(s)
  • Gender
Country
Netherlands
Language of Decision
  • English
Date of decision
Jul 10, 2012
Judgment
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ACHPR Tanganyika Law Society v. Tanzania

Document contents
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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Legal Issue and/or Topic
  • Regional Jurisprudence
  • Violation of an International Treaty
Language
  • English
Resources
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International Standards for the Independence of the Judiciary

Document contents
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
Preview
Preview
Legal Issue and/or Topic
  • Judicial Independence
Language
  • English
Resources
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GUARDE: Guidelines for Understanding, Adjudicating, and Resolving Disputes in Elections

Document contents
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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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
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Tanganyika Law Society v. Tanzania

Document contents
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
Question Presented
Whether the Tanzania regulation prohibiting independent candidates from seeking public office is unconstitutional?
Legal Issue(s)
  • Candidate Registration
  • Judicial Independence
Country
Tanzania. United Republic of
Language of Decision
  • English
Date of decision
Jun 14, 2019
Judgment
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Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors, and Lawyers

Document contents
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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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
  • Portuguese
Resources
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Electoral Justice for All: A Practitioner's Guide to Increasing Women's Access to Electoral Justice

Document contents
” - 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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Preview
Legal Issue and/or Topic
  • Election Accessibility
  • Electoral Inclusion
  • Electoral Inclusion
Language
  • English
Resources
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