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Simelane v Independent Electoral Commission and Others (1375/21P) [2021] ZAKZPHC 33


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Simelane v Independent Electoral Commission and Others (1375/21P) [2021] ZAKZPHC 33

Simelane v Independent Electoral Commission and Others (1375/21P) [2021] ZAKZPHC 33

18th June 2021


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Click here to read the full judgment on Saflii

[1]          The applicant is a member of the second respondent, the Economic Freedom Fighters. I shall refer to the second respondent by its acronym, ‘EFF’. This application involves the applicant’s elevation from being a member of the EFF to being an EFF councillor on the council of the Newcastle Local Municipality (the council). The applicant claims that his appointment was proper, legitimate and complete whereas the EFF claims that it was occasioned as a result of multiple mistakes, was never formalised and has been overtaken by events in that the fourth respondent now fills the position on the council to which the applicant argues that he is entitled.


Legal representation and participation

[2]          When the matter was called, I had the pleasure of hearing argument from Mr Xulu, who appeared for the applicant, and Mr Ramogale, who appeared for the EFF. They are both thanked for their extremely helpful submissions. None of the other respondents have involved themselves in the matter. There is a letter from the first respondent which indicates that it will abide the decision of this court provided that it is not required to pay costs on the scale as between attorney and own client. I remain uncertain as to whether this conditional undertaking to abide was accepted by the applicant despite seeking clarity on the issue from Mr Xulu. The third respondent has delivered a notice to abide. The fourth respondent does not participate in the matter.



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