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African Restoration Alliance v Electoral Commission of South Africa (0032/24EC) [2024] ZAEC 31

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African Restoration Alliance v Electoral Commission of South Africa (0032/24EC) [2024] ZAEC 31

Legal gavel

29th November 2024

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Click here to read the full judgment on Saflii

[1]  This is an application for leave to appeal against the decision of the Electoral Commission of South Africa (Commission) handed down on 2 June 2024, dismissing the objections raised and submitted by the applicant at 20h50 on 31 May 2024, following the National and Provincial Elections that were held on 29 May 2024. The application for leave to appeal was late, hence there is an application to condone its lateness.

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[2]  The application for leave to appeal is brought in terms of s 20(2)(b) of the Electoral Commission Act 51 of 1996 (Electoral Commission Act) in terms of which leave to appeal against the Commission’s decision must be sought and obtained from the chairperson of the Electoral Court. In support of both applications, the applicant relies on the founding affidavit deposed to by its President, Mr. Jerome Benjamin Swartz (Mr. Swartz), who alleges that he is duly authorized to bring the applications.

[3]  The facts on which the applications must be determined are largely common cause. On 31 May 2024, pursuant to s 55 of the Electoral Act 73 of 1998 (the Electoral Act), the applicant lodged an objection with the Commission concerning the outcomes of elections held at certain voting districts during the National and Provincial elections held on 29 May 2024.The objections concern incidents that occurred in different wards in the Western Cape and Free State.

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