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[1]            The applicant in this matter (Mr Phoshoko) hoped and intended to stand as an independent candidate for Ward 33, Polokwane, in the local government elections to be held on 04 November 2026. He contends that he was duly nominated, and that the respondent, the Electoral Commission (the Commission), which is tasked with running the elections, took a decision on 17 September 2026 not to certify him as an independent candidate.

[2]            Mr Phoshoko seeks to have the Commission’s purported decision not to certify him reviewed and set aside, and an order that he be included on the list of candidates participating in the election.  

[3]            Having read the papers and the written argument filed on behalf of both parties, this Court has determined that it is expedient and in the interests of justice to determine the matter in chambers without an oral hearing, in accordance with its powers in terms of Rule 2 read with Rule 11 of this Court’s Rules. The parties were informed of this possibility in paragraph 5 of the directives issued on 23 September 2026.