Electoral Court of South Africa

The Electoral Court is a South African court that oversees the Electoral Commission (EC) and the conduct of elections. It was established by the Electoral Commission Act, 1996 to replace a Special Electoral Court which oversaw the 1994 elections, and has status similar to that of a division of the High Court.[1]

Electoral Court
List
  • 10 other official names:
  • Verkiesingshof (Afrikaans)
  • iKhotho yezamaKhetho (Southern Ndebele)
  • iNkundla yamatyala oNyulo (Xhosa)
  • Inkantolo Yezokhetho (Zulu)
  • Inkantolo Yelukhetfo (Swazi)
  • Kgorotsheko ya Dikgetho (Northern Sotho)
  • Lekgotla la Dinyewe tsa Dikgetho (Sotho)
  • kgotlatshekelo ya ditlhopho (Tswana)
  • Huvo ya nawu ya swa Nhlawulo (Tsonga)
  • Khothe ya Khetho (Venda)
Established1996
LocationBloemfontein
Composition methodPresidential appointment on the advice of the JSC
Authorized byElectoral Commission Act, 1996
Chairperson
CurrentlyBoissie Henry Mbha

The court consists of a judge of the Supreme Court of Appeal as chairman, two High Court judges, and two other members. All members are appointed by the President on the advice of the Judicial Service Commission. As of 2018 the chairman is judge Boissie Mbha, who is also a judge of the Supreme Court of Appeal.[2] The two judges appointed to the Court are C Lamont and W L Wepener, both judges of the Gauteng Division of the High Court. The member is Ms Sungaree Pather, an attorney.

The court has its administrative offices at the Supreme Court of Appeal in Bloemfontein but it may hear cases anywhere in South Africa. It meets only when a case is brought before it, so it is generally busy around election time but less so between national or local authority elections. Cases are generally, but not necessarily, heard by all five members of the court.

The court has the power to review the procedural fairness of any decision taken by the EC. It hears appeals on the correctness of any decision taken by the EC if it involves the interpretation of the law, and answers questions of legal interpretation referred by the EC. It also investigates allegations against members of the EC. The Electoral Court makes rules defining how disputes about the conduct of parties or candidates can be heard by the ordinary courts. It may also hear such disputes itself, but it cannot act as a criminal court.[1]

References
  1. "EISA South Africa: Electoral Court". www.eisa.org. Archived from the original on 7 October 2021. Retrieved 4 March 2021.
  2. "Heads of Superior Courts". www.judiciary.org.za. Archived from the original on 6 March 2018. Retrieved 4 March 2021.
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