Court dismisses Labour Party challenge on IEC decision
The Gauteng High Court has dismissed the application by the newly formed Labour Party seeking an interdict in order to challenge the Electoral Commission election timetable ahead of the May polls.
The jurisdiction of the High Court to hear an electoral matter was the main point argued before the Gauteng High Court in Pretoria in the matter between the Labour Party and the IEC. “The Electoral Court may review a decision of the commission. That’s what it’s there to review a decision. That’s in sub. sub, it can determine an appeal against a decision of the commission so there’s an important jurisdictional fact here which confers upon the Electoral Court its powers to do something and that is the existence of a decision by the commission. If the commission hasn’t made a decision, then you don’t trigger the exclusive jurisdiction of the court.
“The Labour Party could, on the 25th of February, challenge the election timetable. There was no need for there to be an additional decision not to amend. It was free to go immediately to the Electoral Court once the timetable was published but what did the Labour Party do? It did absolutely nothing, nothing. It didn’t write to the commission; it didn’t lodge a dispute with the commission, it didn’t ask the commission what it had done with the letter supposedly sent by other parties.
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