Staff Reporter
THE Electoral Court has temporarily halted the Independent Patriots for Change (IPC)’s legal challenge to nullify the results of the 2024 National Assembly elections, pending the Supreme Court’s decision on the Presidential election challenge.
Judge Hannelie Prinsloo ruled that the matter has been postponed to 20 February 2025 at 10:00 for a status hearing and to address the joinder application filed by the Landless People’s Movement (LPM).
She explained that this decision ensures the Supreme Court’s ruling on the Presidential election challenge—which could also determine the lawfulness of Proclamation 34 of 2024—can be considered. The Supreme Court’s hearing on the Presidential election challenge is scheduled for 10 February 2025.
“Given the exceptional circumstances of this matter that the Supreme Court will hear arguments on 10 February 2025, and possibly decide on the lawfulness of the proclamation, it would be convenient, expedient, appropriate, fair, cost-effective and provide certainty to await the determination of the lawfulness of the proclamation by the Supreme Court,” Prinsloo explained.
She added that issues such as jurisdiction and the burden of proof are central to determining whether relief has been established by the responsible party. The court, she said, raised the issue of a temporary stay on its own initiative, as no party had applied for it.
“The court holds the view that determining certain issues, including those raised mero motu, such as jurisdiction to adjudicate the matter and the issue of onus, plays a central role in establishing whether relief or an issue has been proven by the responsible party. In this case, the court raised the issue of a temporary stay mero motu, as none of the parties applied for one,” Prinsloo explained.
She confirmed that the application has thus been postponed to 20 February 2025 at 10:00 for a status hearing and to address the joinder application filed by the LPM. Prinsloo directed that the parties must file a joint status report on the Supreme Court case (A2/2024) by 13 February 2025. Additionally, she said, the applicant must file their arguments by 13 February 2025, with the respondents submitting theirs by 17 February 2025. Furthermore, the security amount set by the court on 15 January must be paid by 11 February 2025.
