Electoral Court of South Africa: Difference between revisions

Electoral Court
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) ;
Established	1996
Location	Bloemfontein
Composition method	Presidential appointment on the advice of the JSC
Authorized by	Electoral Commission Act, 1996
Chairperson
Currently	Boissie Henry Mbha

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Revision as of 17:57, 30 March 2024

The Electoral Court is a South African court that oversees the Electoral Commission (IEC) 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]

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^[update] 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. 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 IEC. It hears appeals on the correctness of any decision taken by the IEC if it involves the interpretation of the law, and answers questions of legal interpretation referred by the IEC. It also investigates allegations against members of the IEC. 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

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

External links

Judgments of the Electoral Court

[:0-1] "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.

[1]

[2]

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-The '''Electoral Court''' is a [[Courts of South Africa|South African court]] that oversees the [[Electoral Commission of South Africa|Electoral Commission]] (EC) and the conduct of [[Elections in South Africa|elections]]. It was established by the [[Electoral Commission Act, 1996]] to replace a Special Electoral Court which oversaw the [[1994 South African general election|1994 elections]], and has status similar to that of a division of the [[High Court of South Africa|High Court]].<ref name=":0">{{Cite web|title=EISA South Africa: Electoral Court|url=https://www.eisa.org/wep/souelectcourt.htm|url-status=live|access-date=2021-03-04|website=www.eisa.org|archive-url=https://web.archive.org/web/20211007162533/https://www.eisa.org/wep/souelectcourt.htm |archive-date=2021-10-07 }}</ref>
+The '''Electoral Court''' is a [[Courts of South Africa|South African court]] that oversees the [[Electoral Commission of South Africa|Electoral Commission]] (IEC) and the conduct of [[Elections in South Africa|elections]]. It was established by the [[Electoral Commission Act, 1996]] to replace a Special Electoral Court which oversaw the [[1994 South African general election|1994 elections]] and has status similar to that of a division of the [[High Court of South Africa|High Court]].<ref name=":0">{{Cite web|title=EISA South Africa: Electoral Court|url=https://www.eisa.org/wep/souelectcourt.htm|url-status=live|access-date=2021-03-04|website=www.eisa.org|archive-url=https://web.archive.org/web/20211007162533/https://www.eisa.org/wep/souelectcourt.htm |archive-date=2021-10-07 }}</ref>
 The court consists of a judge of the [[Supreme Court of Appeal of South Africa|Supreme Court of Appeal]] as chairman, two High Court judges, and two other members. All members are appointed by the [[President of South Africa|President]] on the advice of the [[Judicial Service Commission (South Africa)|Judicial Service Commission]]. {{Asof|2018}} the chairman is judge Boissie Mbha, who is also a judge of the Supreme Court of Appeal.<ref>{{Cite web|title=Heads of Superior Courts|url=https://www.judiciary.org.za/index.php/judiciary/superior-courts/heads-of-superior-courts|url-status=live|access-date=2021-03-04|website=www.judiciary.org.za|archive-url=https://web.archive.org/web/20180306072458/http://www.judiciary.org.za:80/index.php/judiciary/superior-courts/heads-of-superior-courts |archive-date=2018-03-06 }}</ref> 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 its administrative offices at the Supreme Court of Appeal in Bloemfontein, but it may hear cases anywhere in South Africa. 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.<ref name=":0" />
+The court has the power to review the procedural fairness of any decision taken by the IEC. It hears appeals on the correctness of any decision taken by the IEC if it involves the interpretation of the law, and answers questions of legal interpretation referred by the IEC. It also investigates allegations against members of the IEC. 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.<ref name=":0" />
 ==References==

v t e Courts of South Africa
Appellate courts	Constitutional Court Supreme Court of Appeal
High Court divisions	Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape
Lower courts	Regional courts Magistrate's courts Traditional courts Small claims courts Equality courts
Specialist courts	Labour Court Labour Appeal Court Land Claims Court Competition Appeal Court Electoral Court
Judiciary of South Africa Law of South Africa Department of Justice and Constitutional Development Superior Courts Act, 2013