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Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
b . No, existing regional/provincial/other boundaries are used
Comments: MDB follows 2 Broad cycles between local elections
-Immediate after an elections municipal boundaries are reviewed. This first cycle takes around 2 years.
-After the review of municipal boundaries wards are delimited for the next local elections. This second cycle takes around 18 months.
-Elections were held on 18 May 2011, and the revie of municipal boundaries commenced in June 2011. Next local elections are approximately May 2016 (can deviate with 90 days)
Source: Municipal Demarcation Board FAQs: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-municipal-demarcation-board-faqs/view
Verified: 2014/05/01
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population b . Respecting natural barriers c . Compactness of constituencies f . Communities of interest/cultural concerns g . Other
Comments: -Provincial boundaries needs to be determined constitutionally
-Representations regarding changes to municipal boundaries affecting provincial boundaries need to be submitted to nation Minister responsible for local government
-The Constitution provides that a Bill providing for an amendment to alter provincial boundaries must be passed by the National Assembly with a supporting vote of at least two-thirds of its members, and also by the National Council of Provinces, with a supporting vote of at least six provinces. This parliamentary process is a part of a lengthy process to amend the Constitution (Section 74(3))
Source: Municipal Demarcation Board FAQs: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-municipal-demarcation-board-faqs/view
Constitution of the Republic of South Africa (as amended to 2009), Article 74(3): http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-act-2010/view
Verified: 2014/05/01
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
d . Boundary Commission f . A government department or agency
Comments: The Demarcation Board, after consultation with the Independent Electoral Commission, delimits municipalities that must have wards, into wards.
Source: Electoral Law: Local Government Municipal Structures Act, Chapter 1: http://aceproject.org/ero-en/regions/africa/ZA/Local%20Government%20Municipal%20Structures%20Act%201998.pdf/view.
Verified: 2014/05/01
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
a . Head of State is the Head of Government d . Indirectly elected by legislature
Comments: The President is the Head of State and of government, as well as Commander in Chief of the armed forces. The President is elected by the National Assembly from among its members.
Source: Constitution of the Republic of South Africa, Articles 83, 86 & 202: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-act-2010/view
Verified: 2014/05/01
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
c . Indirectly elected by legislature/chosen by parliament
Comments: The President is the Head of State and of government, as well as Commander in Chief of the armed forces. The President is elected by the National Assembly from among its members.
Source: Constitution of the Republic of South Africa, Articles 83, 86 & 202: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-act-2010/view
Verified: 2014/05/01
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments:
Source: Constitution of the Republic of South Africa, Articles 83, 86 & 202: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-act-2010/view
Verified: 2014/05/01
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
b . Two chambers
Comments: National legislative power is vested in Parliament, which consists of the National Assembly and the National Council of Provinces.
Source: Constitution of the Republic of South Africa, art. 42 & 43: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-act-2010/view
Verified: 2014/05/01
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
g . List Proportional Representation
Comments: The National Assembly consists of no fewer than 350 and no more than 400 members directly elected in a proportional representation system (with no minimum entry threshold).
Source: Constitution of the Republic of South Africa, Article 46: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-act-2010/view
Electoral Act of 1998 (as amended to 2023), Schedule 1A: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-act-73-of-1998-as-amended/view
Verified: 2014/05/01
ES006
Question: What is the electoral system for Chamber 2 of the national legislature?
Answer(s):
j . By appointment
Comments: Members of the National Council of Provinces (NCOP) are nominated by their political parties in the provincial legislatures and then appointed to the NCOP by the legislatures. The NCOP is made up of 90 provincial delegates, with each province represented by 10 delegates.
Source: Constitution of the Republic of South Africa, Art 60 & 61: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-act-2010/view
Verified: 2024/11/28
ES007
Question: If List PR is used, is a highest average formula used?
Answer:
h . Not applicable
Comments:
Source:
Verified: 2024/11/28
ES008
Question: What is the level at which seats are distributed in Chamber 1?
Answer(s):
a . National level c . Regional/provincial level
Comments: The seat calculation is done in the following manner:
1. Using a quota system (which is explained in the example), each
party’s overall allocation of the 400 seats is determined on a
proportional basis.
2. The 200 regional list seats are determined for each region using a
quota based on the number of seats allocated to the region.
3. The 200 national list seats are determined by subtracting the total
number of regional seats for a party from the overall allocation for
that party.
Source: Electoral Act of 1998 (as amended to 2023), Schedule 1A: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-act-73-of-1998-as-amended/view
Verified: 2024/11/28
ES009
Question: What is the level at which seats are distributed in Chamber 2?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2024/11/28
Legislative Framework
LF001
Status of Electoral Law
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
LF002
Question: What is the date of the latest version of the national electoral law (including latest amendments)?
Answer:
a . January 2000 or later
Comments:
Source:
Verified: 2024/11/28
LF003
Electoral Law covers
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
LF004
Compulsory/voluntary voting
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
LF005
Question: Are there provisions in the law which permit or require regional and/ or local election (s) to be held on the same day as national elections?
Answer:
a . National elections are not held on the same day as regional or local elections
Comments:
Source:
Verified: 2024/12/04
LF006
Question: Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?
Answer(s):
c . Not applicable
Comments:
Source:
Verified: 2024/12/04
LF007
Electoral Disputes Agency(ies)
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
LF009
Question: Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
Answer(s):
a . Candidates b . Parties c . Voters
Comments:
Source:
Verified: 2024/12/04
LF010
Question: What body(ies) is the final appellate authority for formal electoral disputes?
Answer(s):
b . Constitutional (or similar) Court
Comments:
Source:
Verified: 2024/12/04
LF011
Question: Which body(ies) proposes electoral reforms?
Answer(s):
a . Election Management Body e . Legislature
Comments:
Source:
Verified: 2024/12/04
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level b . Regional level c . Local level
Comments:
Source: Constitution: Constitution of the Republic of South Africa, art. 190.
Electoral Law: Electoral Commission Act, sec. 5:1.
Verified: 2012/02/24
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature
Comments: The Electoral Commission receives its financial support from parliamentary appropriations.
Source: Electoral Commission Act of 1996 (as amended to 2006), Section 13: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-commission-act-of-1996-as/view
Verified: 2014/05/01
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
c . The legislature
Comments: The expenditure in connection with the exercise of the Commission's powers and the performance of its duties and functions shall be defrayed out of money appropriated by Parliament for that purpose or received by the Commission from any other source.
Source: Electoral Commission Act of 1996 (as amended to 2006), Section 13(1): http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-commission-act-of-1996-as/view
Verified: 2014/05/01
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments: Independent Electoral Commission members serve a term of seven years unless the President, on the recommendation of the National Assembly, extends the term for a particular period.
Source: Electoral Commission Act of 1996 (as amended to 2006), Section 7(1): http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-commission-act-of-1996-as/view
Verified: 2014/05/01
EM011
What are the approximate proportions (%) of total election expenditure for the last national elections devoted to the following?
Voter registration and preparation of voter lists 8,2%
Election Management Body administration 11,6%
Staff/Equipment/Supplies 8,3%
Security 0,8%
Official funding of parties and candidates 7,2%
Voter education 15,8%
Materials/systems for and operation of voting stations and ballot counts 28,1%, result verification
Challenges, dispute resolution and legal costs 0,1%
Polling operations 17,6%
Vote tabulation 2,4%
Other
Source
No Source
Verified
2009/11/13
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments: There is an Electoral Commission for the Republic, which is independent and subject only to the Constitution and the law.
Source: Electoral Commission Act of 1996 (as amended to 2006), Section 3(1): http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-commission-act-of-1996-as/view
Verified: 2014/05/01
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: The Commission shall consist of five members, one of whom shall be a judge, appointed by the President in accordance with the provisions of this section.
Source: Electoral Commission Act of 1996 (as amended to 2006), Section 6(1): http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-commission-act-of-1996-as/view
Verified: 2014/05/01
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments: The IEC is composed of five members, one of whom must be a judge. A member of the IEC must be a South African citizen and must not have a high party-political profile.
Source: Electoral Commission Act of 1996 (as amended to 2006), Section 6: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-commission-act-of-1996-as/view
Verified: 2014/05/01
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
e . Legislature
Comments: Members of the IEC are appointed by the President on the recommendation of the National Assembly, following nominations by a National Assembly inter-party committee. The inter-party committee exams a list of at least eight nominations submitted by a panel consisting of the President of the Constitutional Court (Chair) and representatives of the Human Rights Commission, the Commission on Gender Equality and the Public Prosecutor.
Source: Electoral Commission Act of 1996 (as amended to 2006), Section 6: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-commission-act-of-1996-as/view
Verified: 2014/05/01
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body g . NGOs/ Civic Organizations h . Political parties/ candidates i . Media
Comments: Among the functions of the Independent Electoral Commission (IEC) are to "promote knowledge of sound and democratic electoral processes" and to "promote voter education". The IEC selects and accredits voter educators and provides resources for education programmes.
In addition, other stakeholders, such as NGOs, political parties
and the media play an important role in voter education.
Source: Electoral Commission Act of 1996 (as amended to 2006), Sections 5(1k, 2c): http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-commission-act-of-1996-as/view
Verified: 2014/05/01
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
a . Continuously
Comments: Voter education is continuous.
Source: IEC Election Report: 2009 Elections Report, Chapter 7 (2009): http://aceproject.org/ero-en/regions/africa/ZA/iec-election-report-2009-elections-report/view
Electoral Commission of South Africa Website: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-commission-of-south-africa/view
Verified: 2014/05/01
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
b . Yes, conducted by the National Electoral Management Body e . Yes, conducted by the Government f . Yes, conducted by the Regional Governments g . Yes, conducted by the Local Governments h . Yes, conducted by NGOs/ Civic Organizations j . Yes, conducted by the Media k . Yes, conducted by Religious Institutions
Comments:
Source: IEC Election Report: 2009 Elections Report, Chapter 7 (2009): http://aceproject.org/ero-en/regions/africa/ZA/iec-election-report-2009-elections-report/view
Electoral Commission of South Africa Website: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-commission-of-south-africa/view
Verified: 2014/05/01
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: A person of 16 years or older may apply for registration but, if the application is successful, the applicant’s name may only be placed on the voters’ roll once the applicant reaches the age of 18 years.
Source: Electoral Act of 1998 (as amended to 2013), Section 6(1A): http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-act-73-of-1998-as-amended/view
Verified: 2019/05/20
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship
Comments: If satisfied that a person’s application for registration complies with this Act, and that the person is a South African citizen and is at least 18 years of age, the chief electoral officer must register that person as a voter by making the requisite entries in the voters’ roll.
Source: Electoral Act of 1998 (as amended to 2013), Section 8(1): http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-act-73-of-1998-as-amended/view
Verified: 2019/05/20
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments: The Chief Electoral Officer, appointed by the Independent Electoral Commission, must compile and maintain a national common voters' roll.
Source: Electoral Act of 1998 (as amended to 2013), Sections 11-14: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-act-73-of-1998-as-amended/view
Verified: 2019/05/20
VR007
Question: What methods are used to compile and update the voters register?
Answer(s):
e . Appearance by voter at registration office
Comments:
Source:
Verified: 2019/05/20
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
b . No
Comments: Registration voluntary and continuous, revision drive before election.
Source: Electoral Act of 1998 (as amended to 2013), Section 5: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-act-73-of-1998-as-amended/view
Verified: 2019/05/20
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
b . Deposit requirement (specify amount) f . Other
Comments: “The form shall, inter alia, make provision for the following:
(a) The name of the party;
(b) the Distinguishing mark or symbol of the party in colour; and
(c) the abbreviation, if any, of the name of the party consisting of not more than eight letters"
"The application shall be accompanied by-
(a) That party’s deed of foundation which has been adopted at a meeting of, and has been signed by the prescribed number of persons who are qualified voters;
(b) the prescribed amount, if any; and
(d) that party’s constitution"
Source: Electoral Commission Act 1996 (Amended to 2006), Section 38: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-commission-act-of-1996-as/view;
Electoral Law: Regulations for the Registration of Political Parties, Sections 3-4: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-public-funding-of-represented/view
Verified: 2014/05/01
PC002
Registration requirements for parties (Chamber 2)
Question: What are the registration requirements for political parties running for national elections (Chamber 2)?
Answer(s):
g . No information available
Comments: The National Council of Provinces is comprised of a delegation of ten members from each of the nine provincial legislatures and each delegation has one vote. Members of a delegation are allocated to parties in proportion to their seats in the provincial legislature of that province.
Source: Constitution of the Republic of South Africa 1996, Articles 60(1), 61(1), 65(1), Schedule 3, Part B.
Verified: 2007/10/05
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship f . Registration
Comments: Every citizen who is qualified to vote for the National Assembly is eligible to be a member of the Assembly. People who are unrehabilitated insolvents, declared to be of unsound mind or have been sentenced to more than 12 months imprisonment without the option of a fine are disqualified.
Source: Constitution of the Republic of South Africa, Article 47(1): http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-act-2010/view
Verified: 2014/05/01
PC004
Registration requirements for candidates (Chamber 2)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
Answer(s):
k . No information available
Comments: The National Council of Provinces is comprised of a delegation of ten members from each of the nine provincial legislatures and each delegation has one vote. Members of a delegation are allocated to parties in proportion to their seats in the provincial legislature of that province.
Source: Constitution of the Republic of South Africa 1996, Articles 60(1), 61(1), 65(1), Schedule 3, Part B.
Verified: 2007/10/10
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
a . Neither in presidential nor legislative elections
Comments: Members of the National Assembly are elected by proportional representation from party lists. The President is elected from the members of the National Assembly. No provision is made for independent candidates.
Source: Electoral Act of 1998 (as amended to 2013), Articles 26 & 27: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-act-73-of-1998-as-amended/view
Constitution of the Republic of South Africa, Preamble: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-act-2010/view
Verified: 2014/05/01
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct c . Indirect
Comments: Public funding is dispensed by chief electoral officer to parties currently represented in national and provincial legislatures. Allocated according a formula that takes into account the proportion of members a party has in the National Assembly and the provincial legislatures and a minimum threshold amount to ensure equity.
For all parties, party-owned business interests, membership fees and funds raised by branches represent only a small proportion of total funds. Smaller parties are highly dependent on public funding while larger parties obtain the bulk of their funding from donations from the private sector and foreign governments and companies
Source: Public Funding of Represented Political Parties Act, Section 5: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-act-73-of-1998-as-amended/view
Verified: 2014/05/01
PC015
Question: What is the basis of the public funding?
Answer(s):
c . Based on current legislative representation e . Other
Comments: Funds are allocated according a formula that takes into account the proportion of members a party has in the National Assembly and the provincial legislatures and a minimum threshold amount to ensure equity. Accordingly 90% of the allocation of the financial year is paid in proportion to each party's aggregate seat representation in the sum of the seats of the National Assembly and Provincial legislatures. The remaining 10% is divided among the provinces proportionately to the number of seats in each province and the provincial allocations are divided equally among the parties in each legislature.
Source: Public Funding of Represented Political Parties Act, Sections 2, 4, & 5: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-act-73-of-1998-as-amended/view
Verified: 2014/05/01
PC017
Question: Are political parties entitled to private funding?
Answer:
c . No information available
Comments: “Any political party may also obtain funds from its members and from other sources, such as business (both local and foreign) and civil society groupings.”
Source: South Africa: Electoral Commission of South Africa -- Party Funding: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-commission-of-south-africa-2/view
Verified: 2014/05/01
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments: Votes must be counted at the voting station at which those votes were cast, except when —
a. The voting station is a mobile voting station; or
b. In the interest of ensuring a free and fair election, the Commission determines that those votes be counted at another counting venue.
Source: Electoral Act of 1998 (as amended to 2013), Article 46: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-act-73-of-1998-as-amended/view
Verified: 2014/05/01
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
d . By request e . Court order
Comments: d. An agent may object to an alleged inaccuracy in the counting of the votes,the objection must be made to the counting officer in the prescribed manner at any stage before certain set time and the counting officer must decide the objection in the prescribed manner and whether to order a recount.
The IEC and its officer are empowered to resolve objections, appeals and code of conduct disputes through conciliation. Election petitions are heard by the courts with the Electoral Court acting as final court of appeal. Parties must submit complaints within 48 hours of the announcement of results.
Source: Electoral Act of 1998 (as amended to 2013), Articles 49, 55, 56, 96, 103, & 103A: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-act-73-of-1998-as-amended/view
Verified: 2014/05/01
VC012
Question: If automatically recounted, what is the trigger?
Answer:
b . Threshold (specify)
Comments:
Source:
Verified: 2014/05/01
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
g . Other (specify)
Comments: Airtime in respect to party election broadcast shall be allocated by the Authority to the various parties contesting the national and provincial elections on the basis of the respective formulae set out in schedule A.
Source: Party Elections Broadcasts and Political Advertisements Regulations, Article 5: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-party-elections-broadcasts-and/view
Verified: 2014/05/01
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
b . Yes, in legislative elections
Comments:
Source: Source for 2014 Elections: South Africa: Elections Debate focusses on poverty (2014): http://aceproject.org/ero-en/regions/africa/ZA/south-africa-elections-debate-focusses-on-poverty/view
Verified: 2014/05/01
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
b . 2-3 days
Comments: 48 hours
Source: Public Funding of Represented Political Parties Act, Sections 6(1): http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-act-73-of-1998-as-amended/view
Verified: 2014/05/01
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
c . No information available
Comments:
Source:
Verified: 2014/05/01
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments: Optional referendums may be proclaimed by the executive in terms of an Act of Parliament.
Source: Constitution: Constitution of the Republic of South Africa, Article. 84(2(g))
Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2014/05/01
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2014/05/01
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2014/05/01
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2014/05/01
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2014/05/01
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2014/05/01
DD008
Question: What is the legal basis for the administrative requirements for mandatory referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
a . Constitutional e . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD009
Question: What is the legal basis for the administrative requirements for optional referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
a . Constitutional
Comments:
Source: The 1996 Constitution of South Africa
Verified: 2006/10/17
DD010
Question: What is the legal basis for the administrative requirements for citizens' initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD106
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a referendum?
Answer(s):
a . Agency/department responsible for the administration of direct democracy mechanisms
Comments:
Source: Act 51 of the 1996 Electoral Commission Act
Verified: 2006/10/17
DD107
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in an initiative?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD108
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a recall?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD109
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a referendum?
Answer(s):
a . Information booklets b . Leaflets and pamphlets c . Radio broadcasts d . TV broadcasts e . Press advertisements f . Website
Comments:
Source:
Verified: 2006/10/17
DD011
Question: What is the legal basis for the administrative requirements for agenda initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD110
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for an initiative?
Answer(s):
i . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD111
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a recall?
Answer(s):
i . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD112
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a referendum?
Answer(s):
g . None
Comments:
Source:
Verified: 2006/10/17
DD113
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in an initiative?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD114
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a recall?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD115
Question: What is the period during which these controls apply for a referendum?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD116
Question: What is the period during which these controls apply for an initiative?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD117
Question: What is the period during which these controls apply for a recall?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD118
Question: Which campaigners, if any, are entitled to some forms of public assistance for a referendum? Specify in the "Comments" section below.
Answer(s):
d . No campaign organisations
Comments:
Source:
Verified: 2006/10/17
DD119
Question: Which campaigners, if any, are entitled to some forms of public assistance for an initiative? Specify in the "Comments" section below.
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD012
Question: What is the legal basis for the administrative requirements for recalls at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD120
Question: Which campaigners, if any, are entitled to some forms of public assistance for a recall? Specify in the "Comments" section below.
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD121
Question: Which forms of public assistance, if any, are provided for a referendum? Specify in the "Comments" section below.
Answer(s):
f . None
Comments:
Source:
Verified: 2006/10/17
DD122
Question: Which forms of public assistance, if any, are provided for an initiative? Specify in the "Comments" section below.
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD123
Question: Which forms of public assistance, if any, are provided for a recall? Specify in the "Comments" section below.
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD015
Question: Who is responsible for managing the administration of direct democracy mechanisms at the national level?
Answer(s):
b . Independent electoral commission
Comments:
Source: The 1996 Electoral Commission Act, Chapter 2.2 (a)
Verified: 2006/10/17
DD016
Question: Does this agency/department also manage the administration of national elections?
Answer:
a . Yes
Comments:
Source:
Verified: 2006/10/17
DD017
Question: Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/10/17
DD018
Question: Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/10/17
DD019
Question: Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/10/17
DD020
Question: Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/10/17
DD021
Question: Are recalls currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/10/17
DD022
Question: Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/10/17
DD023
Question: Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/10/17
DD024
Question: Are citizens' initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/10/17
DD025
Question: Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/10/17
DD026
Question: Are recalls currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/10/17
DD027
Question: What are the issues, if any, in relation to which referendums are mandatory at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD028
Question: What are the issues, if any, in relation to which referendums are optional at the national level?
Answer(s):
a . Constitutional amendments
Comments:
Source:
Verified: 2006/10/17
DD029
Question: Which issues, if any, are excluded from being the subject of referendums at the national level?
Answer(s):
b . Adoption of international treaties f . Devolution g . Civil service h . Taxes and public expenditure commitments
Comments:
Source:
Verified: 2006/10/17
DD030
Question: Which issues, if any, maybe the subject of sub-national referendums regulated at the national level?
Answer(s):
e . None
Comments:
Source:
Verified: 2006/10/17
DD031
Question: Who can initiate a referendum at the national level?
Answer(s):
c . President
Comments:
Source: The 1996 Constitution, section 84. 2(g)
Verified: 2006/10/17
DD032
Question: Who is responsible for drafting the mandatory referendum question?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD033
Question: Who is responsible for drafting the optional referendum question?
Answer(s):
c . President
Comments:
Source: The 1996 Constitution of South Africa
Verified: 2006/10/17
DD034
Question: Which of the following, if any, are required to be included in the mandatory referendum question?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD035
Question: Which of the following, if any, are required to be included in the optional referendum question?
Answer(s):
a . The title of the proposal d . The full text of the proposal
Comments:
Source:
Verified: 2006/10/17
DD036
Question: Which institution(s) decides on the final form of the ballot text for mandatory referendums?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD037
Question: Which institution(s) decides on the final form of the ballot text for optional referendums?
Answer(s):
b . Independent electoral commission
Comments:
Source:
Verified: 2006/10/17
DD043
Question: When is the outcome of a mandatory referendum binding?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD044
Question: When is the outcome of an optional referendum binding?
Answer:
a . Always
Comments:
Source:
Verified: 2006/10/17
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
c . Never binding
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2014/05/01
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
b . Only other issues than constitutional changes
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2014/05/01
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2014/05/01
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections d . At specially designated polling stations e . At mobile polling stations
Comments: Voters must vote in their voting district, whether at a standing polling station or a mobile one.
Voters who will be absent from their voting district may apply to the Presiding Officer for a special vote which enables them to vote before election day.
Source: Electoral Act of 1998 (as amended to 2013), Articles 24(1), 33(1), 38(1), 67(1): http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-act-73-of-1998-as-amended/view
Verified: 2016/02/16
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
c . Citizens outside the country (including those on vacation) d . Members of the armed forces e . Students f . Diplomatic staff g . Other
Comments: Voters who wish to vote must fill in a special form and forward it to the Chief Electoral Officer.
Source: South Africa: Electoral Commission of South Africa -- How to Register and Vote Abroad: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-commission-of-south-africa-1/view
Verified: 2014/05/01
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
a . Embassies b . Consulates
Comments:
Source: South Africa: Electoral Commission of South Africa -- How to Register and Vote Abroad: http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-commission-of-south-africa-1/view
Verified: 2014/05/01
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments:
Source: Electoral Act of 1998 (as amended to 2013), Article 38(6): http://aceproject.org/ero-en/regions/africa/ZA/south-africa-electoral-act-73-of-1998-as-amended/view
Verified: 2014/05/01
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