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Citation
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Judgment date
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| November 2021 |
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Petitioner failed to prove respondent or her accredited agents committed misconduct or that missing Gen20 forms vitiated the election.
Electoral law – election petition – burden and standard of proof in election petitions – definition of election and polling agents – proof required to nullify election under s.97(2) Electoral Process Act – allegations of violence, bribery and missing Gen 20 forms – role and duties of the Electoral Commission.
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23 November 2021 |
| September 2021 |
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Petition dismissed after persistent failure to serve the Electoral Commission, amendments beyond leave, and formal withdrawal under Rule 15.
Electoral law — service of process and joinder of parties — amendment of petitions — limits of leave to amend — non-compliance with Tribunal directions — withdrawal under Rule 15 — dismissal of petition.
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25 September 2021 |
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The tribunal dismissed the applicant's election petition for want of jurisdiction because it was filed after the mandatory 14‑day period.
Electoral Process Act s100(3) – mandatory 14‑day filing period for election petitions – jurisdiction ratione materiae – time limits as jurisdictional and not extendable – computation of time; estoppel and clerical error cannot cure jurisdictional non‑compliance.
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24 September 2021 |
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Petitioner failed to prove corrupt practices or effect on majority; respondent’s election upheld.
Election law – Electoral Process Act s.97(2)(a) – corrupt/illegal practices – vote‑buying and threats – burden and elevated standard of proof – requirement to prove conduct by candidate or with candidate’s knowledge/consent and that majority of voters were or may have been prevented from electing their preferred candidate.
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24 September 2021 |
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Petitioner failed to prove respondent’s corrupt practices or intimidation sufficient to annul the election.
Electoral law — Section 97(2)(a) E.P. Act — corrupt/illegal practice — bribery; ferrying voters — private vehicle not offence; threats/intimidation; elevated standard of proof in election petitions.
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24 September 2021 |
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24 September 2021 |
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Isolated intimidation of SCT beneficiaries insufficient to annul respondent's election without widespread malpractice.
Electoral law — election petition; undue influence and intimidation (SCT beneficiaries); distribution of goods; standard of proof under s.97 E.P. Act — malpractice must be widespread to annul election.
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24 September 2021 |
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The petitioner failed to prove the respondent’s alleged vote-buying and intimidation affected the election's result.
Election law — corrupt and illegal practices; alleged distribution of relief goods and voter intimidation via social cash transfer threats and cameras — evidential standard in election petitions (fairly high degree of convincing clarity) — requirement that malpractice be by candidate or with candidate's knowledge and sufficiently widespread to affect result.
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24 September 2021 |
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Petitioner failed to prove corrupt practices by the respondent or his agents and did not show the misconduct affected the election result.
Electoral law — Election petitions — Standard of proof higher than balance of probabilities — Must prove corrupt/illegal practice committed by candidate or with candidate's knowledge/consent or by election/polling agents — Must show majority of voters prevented or may have been prevented from electing preferred candidate — Allegations of campaign ban breaches, violence, bribery and result tampering must be expressly linked and sufficiently widespread to affect result.
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24 September 2021 |
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Election petition dismissed for failure to prove corrupt or illegal practices or material non‑compliance affecting the result.
Electoral law – election petition – standard of proof higher than balance of probabilities – corrupt and illegal practices – allegations of unlawful campaigning, intimidation, bribery, destruction of campaign material, voter ferrying, and tampering with results – failure to prove material non‑compliance affecting result – petition dismissed.
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24 September 2021 |
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An election petition alleging bribery and intimidation failed for lack of cogent evidence showing widespread impact on voters.
Electoral law — election petition — bribery and undue influence — misinformation to Social Cash Transfer beneficiaries — high standard of proof — malpractice must be widespread to void election.
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24 September 2021 |
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Whether petitioner proved candidate or agent committed widespread corrupt or illegal practices that affected the election majority.
Electoral law — Local government election — Section 97(2) Electoral Process Act — Requirement to prove corrupt/illegal practice by candidate or with candidate’s consent — High evidential standard — Need to show malpractice prevented majority of electorate from electing preferred candidate — Allegations of bribery, intimidation, assault, GEN 20 forgery and ECZ partiality — Failure to join ECZ and lack of corroborative physical evidence.
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23 September 2021 |
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Bribery proved in one village but not widespread; private ferrying not an offence—petition against respondent dismissed.
Electoral law; election petition; section 97(2)(a) Electoral Process Act; bribery; ferrying voters (private vehicles not an offence); violence and threats; requirement of widespread misconduct preventing majority of voters; heightened standard of proof; liability limited to candidate or named election/polling agents.
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23 September 2021 |
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Petitioner failed to prove misconduct attributable to the respondent or that it affected the election result; petition dismissed.
Electoral law — Local government election — Section 97(2) Electoral Process Act — annulment requires corrupt or illegal practice by candidate or duly appointed agent and proof that it affected result — elevated standard of proof in election petitions — allegations of violence, vote buying, and administrative non-compliance not substantiated.
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22 September 2021 |
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Petitioner failed to prove corrupt electoral practices by the respondent or agents; election upheld, each party bears own costs.
Electoral petitions – proof of corrupt or illegal practice; vicarious liability for candidates for acts of agents; high civil standard of proof in election disputes; injunctions against the State prohibited; judicial notice of government programmes.
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22 September 2021 |
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Petitioner failed to prove electoral malpractice by the candidate or his agents, and the petition was dismissed.
Electoral law – election petitions – burden and standard of proof – corrupt/illegal practices must be proved against candidate or named election/polling agents and shown to be widespread to void election.
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22 September 2021 |
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Petitioner failed to prove respondent or his agent committed widespread electoral malpractice affecting the election result.
Electoral law – election petition – Section 97(2) Electoral Process Act – requirement that corrupt or illegal practice be committed by candidate or duly appointed election agent and shown to have affected election outcome – burden and standard of proof – liability for party members distinguished from liability for appointed agents.
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22 September 2021 |
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Tribunal found isolated bribery, SCT misuse and intimidation but dismissed petition for failure to prove widespread electoral impact.
Election law — corrupt and illegal practices — bribery (gifting money) — misuse of Social Cash Transfer funds as campaign leverage — ferrying voters by private transport not prohibited — violence and intimidation — burden and heightened standard of proof; widespread effect requirement for nullification.
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22 September 2021 |
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Petitioner proved isolated vote-buying by the respondent but failed to show widespread misconduct or attribution to his election agents, so petition dismissed.
Election law – burden and standard of proof in election petitions; attribution – actions of party cadres versus appointed election agents; vote-buying – distribution of relief in exchange for votes; causation – requirement that misconduct be widespread and affect election result.
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22 September 2021 |
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Petitioner proved isolated illegal practices but failed to show they were widespread enough to void the election.
Electoral law – Election petitions – Section 97(2) E.P.A. – Corrupt and illegal practices – Knowledge and consent of candidate – Standard of proof: fairly high degree of convincing clarity – Hearsay and need for corroboration – Widespread effect requirement for nullification.
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21 September 2021 |
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Tribunal lacked jurisdiction because the election petition was filed after the statutory 14‑day period in section 100(3).
Electoral Process Act s100(3) – mandatory 14‑day filing period for election petitions – jurisdictional limitation; jurisdiction ratione materiae; incompetence of late election petitions; Rule 21(6) interlocutory decisions no appeal.
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21 September 2021 |
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Petition dismissed: violence and isolated malpractice proven but not shown to be attributable to candidate or to have affected election outcome.
Electoral law – election petition – standard of proof higher than ordinary civil matters – violence and misconduct must be linked to candidate or authorised agents; vote buying must be widespread to affect result; non‑compliance at totalling centres must substantially affect outcome; procedural requirements for recount requests.
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21 September 2021 |
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Petitioner failed to prove corrupt or illegal practices with candidate's knowledge sufficient to nullify the election.
:[
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21 September 2021 |
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Election petition dismissed for want of prosecution and failure to pay ordered security for costs.
Election law — security for costs — Section 102(2)-(3) Electoral Process Act and Rule 13(6) — mandatory payment — non-attendance — Rule 18(1) dismissal for want of prosecution — costs: each party to bear own costs.
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20 September 2021 |
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Petitioner failed to prove corrupt or illegal practices attributable to the respondent; election upheld and each party bears own costs.
Electoral law – election petitions – burden and heightened standard of proof; corrupt/illegal practice – candidate liability and attribution to agents; government social programmes not attributable to candidate; injunctions against the State (State Proceedings Act s16(2)).
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20 September 2021 |
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Petitioner failed to prove corrupt or illegal practices to the high standard required to void the local election.
Electoral law – Local government election petition – Burden and standard of proof (fairly high degree of convincing clarity) – Section 97 Electoral Process Act – Corrupt and illegal practices – "Other misconduct" – Requirement to prove acts by candidate or agent with candidate’s knowledge – Sufficiency of evidence, hearsay and identification of perpetrators – Impact of non‑compliance on election result.
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20 September 2021 |
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Election petition dismissed for lack of corroborated evidence of vote-buying, misuse of relief supplies and intimidation.
Electoral Process Act s97(2) - annulment for corrupt/illegal practices; vote buying; distribution/misuse of DMMU and Social Cash Transfer; tribal remarks; witness intimidation; need for corroboration; standard of proof in election petitions.
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19 September 2021 |
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Misuse of government relief programs and voter inducements were proven and the election was annulled.
Local government elections – annulment – section 97(2) Electoral Process Act – corrupt and illegal practices – misuse of government programmes (social cash transfer, DMMU relief) – inducement via feeding camps and tournament donations – elevated civil standard of proof in election petitions.
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19 September 2021 |
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The applicant failed to prove corrupt practices or widespread misconduct warranting annulment of the respondent's election.
Electoral law – election petition – corrupt and illegal practices – vote buying, bribery, misuse of government resources, undue influence via social grants – standard of proof in election petitions – requirement to prove malpractice and its likely widespread effect under section 97(2) of the Electoral Process Act.
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18 September 2021 |
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An election petition omitting the mandatory relief is incurably defective and must be dismissed for want of jurisdiction.
Electoral law — election petition form and content — section 100 Electoral Process Act and Rule 8 (First Schedule) mandatory — relief and signature essential — non‑curable defects deprive tribunal of jurisdiction — preliminary points of law may be raised at any stage.
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17 September 2021 |
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Petitioner failed to prove statutory illegal practices or widespread malpractice necessary to annul the local government election.
Electoral Process Act s97(2)(a) – grounds for annulment; s84 – illegal practices (enumerated false statements); expressio unius exclusion; standard and burden of proof in election petitions (higher than civil balance); requirement that malpractice be widespread enough to sway majority; abandonment of unproven allegations.
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17 September 2021 |
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Electronic video evidence without timestamps was admissible under ECTA 2021; its weight, not admissibility, is for the tribunal to determine.
Election law — Admissibility of electronic evidence — Hearsay — Electronic Communications and Transactions Act 2021 s9 — Best evidence — Witness may attest to existence, not truth — Weight for tribunal to assess.
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16 September 2021 |
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Tribunal granted the applicant leave to withdraw an election petition under section 103; each party to bear its own costs.
Electoral Process Act s103 – Leave to withdraw election petition – Notice of intention to withdraw – No objection by respondents – Grant of leave – Parties to bear own costs.
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16 September 2021 |
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Tribunal granted leave to withdraw an election petition under section 103 of the Electoral Process Act; petition withdrawn and parties bear own costs.
Electoral law – Withdrawal of election petition – Leave to withdraw under section 103 of the Electoral Process Act No. 35 of 2016 – No objection by respondent – Costs: parties to bear own costs.
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16 September 2021 |
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Petition dismissed for want of prosecution after petitioner failed to pay ordered security for costs and to restore the matter.
Local Government Election Tribunal – security for costs – failure to pay security – striking off for non-payment – restoration period – dismissal for want of prosecution.
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13 September 2021 |
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Unsigned election petitions are fatally defective under section 100(3); absence of signature renders the petition incompetent and dismissed.
Electoral law – Election petitions – Requirement that petition be signed by petitioner under section 100(3) of the Electoral Process Act – 'Shall' construed as mandatory – Unsigned petition fatal and incompetent – No discretion to validate or amend.
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11 September 2021 |
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Election annulled where respondent’s agent widely distributed meat as an inducement, potentially swaying voters.
Electoral Process Act s97(2) – election nullification; corrupt and illegal practice – inducement by distribution of food; liability of candidate for acts of election/polling agents; heightened standard of proof in election petitions; corroboration required for partisan witnesses; ferrying voters and humanitarian assistance distinguished from inducement.
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10 September 2021 |
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Tribunal allowed the 2nd respondent to file an out-of-time answer under Rule 21 in the interests of justice.
Electoral law – Local government election petition – Rule 21 SI No.60/2016 – Leave to file answer out of time – Extension of time – Interests of justice – Timetable – Costs in the cause
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9 September 2021 |
| August 2021 |
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30 August 2021 |
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Whether the respondent’s election should be voided for alleged bribery, intimidation, falsified tallies, and ECZ non-compliance.
Electoral law – Alleged non-compliance with Constitution and Electoral Process Act; bribery; intimidation and violence; falsification and substitution of tally (GEN-20) forms; ECZ conduct; petition for nullification and disqualification.
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27 August 2021 |
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27 August 2021 |
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27 August 2021 |
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27 August 2021 |
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Petitioner alleges intimidation, theft, violence and voter inducement by respondent’s agents, seeking to void the election and be declared duly elected.
Election law – Electoral malpractices – Intimidation, violence and theft at campaign base – Voter inducement (food/money) and campaigning at polling stations – Petition to void election return and declare petitioner elected.
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27 August 2021 |
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27 August 2021 |