Legislative Framework

South Africa

LF001

Question:	What is the status of the electoral law governing national elections?
Answer(s):	a. Part of Constitution b. Separate legislation d. Regulations or administrative rules
Comments:
Source:	Constitution of the Republic of South Africa (as amended to 2023): Electoral Act of 1998 (as amended to 2023): https://aceproject.org/ero-en/regions/africa/ZA/electoral-amendment-act-1-of-2023/view Electoral Commission Act of 1996 (as amended to 2006): http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-commission-act-of-1996-as/view Public Funding of Represented Political Parties Act of 1997 (as amended to 1998):http://aceproject.org/ero-en/regions/africa/ZA/south-africa-public-funding-of-represented/view The Political Party Funding Act (PPFA) Act 6 of 2019, https://aceproject.org/ero-en/regions/africa/ZA/political-party-funding-act-6-of-2019/view
Verified:	2024/12/04

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LF003

Question:	The national electoral law covers:
Answer(s):	a. National elections b. Regional elections c. Local elections
Comments:
Source:	Constitution of the Republic of South Africa, Articles 46-72, 104-151, 157-164: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-act-2010/view Electoral Act, https://aceproject.org/ero-en/regions/africa/ZA/electoral-amendment-act-1-of-2023/view Electoral Commission Act of 1996 (as amended to 2023): http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-commission-act-of-1996-as/view Public Funding of Represented Political Parties Act of 1997 (as amended to 1998): http://aceproject.org/ero-en/regions/africa/ZA/south-africa-public-funding-of-represented/view Municipal Structures Act of 1998: http://aceproject.org/ero-en/regions/africa/ZA/Local%20Government%20Municipal%20Structures%20Act%201998.pdf/view Municipal Demarcation Act of 1998: http://aceproject.org/ero-en/regions/africa/ZA/Local%20Government%20Municipal%20Demarcation%20Act%201998.pdf/view Political Party Funding Act 6 of 2019, https://aceproject.org/ero-en/regions/africa/ZA/political-party-funding-act-6-of-2019/view
Verified:	2024/12/04

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LF004

Question:	Is voting on the national level voluntary or compulsory?
Answer(s):	a. Voting is voluntary
Comments:	No reference to be found in the constitution
Source:	Constitution of the Republic of South Africa (as amended to 2023): http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-act-2010/view
Verified:	2014/05/01

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LF007

Question:	What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):	b. EMB c. Specially Appointed/Elected Electoral Tribunal
Comments:	“The Electoral Court has final jurisdiction in respect of all electoral disputes and complaints about infringements of the Code, and no decision or order of the Electoral Court is subject to appeal or review” “Whenever the Commission, an officer or the chief electoral officer is required in terms of this Act to decide an objection or an appeal, the Commission or that person may attempt to resolve the issue that is the subject of the objection or appeal, through conciliation.”
Source:	Electoral Act of 1998 (as amended to 2023) Articles 96 & 103: https://aceproject.org/ero-en/regions/africa/ZA/electoral-amendment-act-1-of-2023/view
Verified:	2014/05/01

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