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[1]      The first applicant, Operation Dudula, a political party registered in terms of s 15 of the Electoral Commission Act 51 of 1996, intended to participate in, and contest, the upcoming municipal elections scheduled for 4 November 2026. Section 11 of the Local Government: Municipal Electoral Act 27 of 2000 (the Act) provides for an election timetable. It requires the Electoral Commission (the Commission) when an election has been called, to compile a timetable for the election and publish it in the Government Gazette. The Commission may amend the timetable in only two instances, namely if the Commission considers it necessary for a free and fair election or the voting is postponed. Any act required to be performed in terms of the Act must be performed by no later than a date and time stated in the election timetable.

[2]      The election timetable for the 2026 municipal elections was published on 7 August 2026[1] and in terms thereof the cut-off date for the submission of party lists and nominations of ward candidates was 28 August 2026 at 17h00 hours. The applicant could not complete the submission of party lists and ward candidates’ nominations by the cut-off time and its request for the extension was turned down by the Commission on the ground that the Act does not allow it to grant such a request.