Projects: Republic of South Africa Electoral Laws

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Constitution

The Constitution is the supreme law of the land. No other law or government action can supersede the provisions of the Constitution.

• Constitution of the Republic of South Africa, 1996
  The Constitution includes chapters on the Bill of Rights, co-operative government, parliament, the President and National Executive, provinces, local government, courts and justice, state institutions (including the Electoral Commission), public administration, security services, traditional leaders, finance and more general topics.

Electoral Commission

• Electoral Commission Act 51 of 1996 including Regulations
  This legislation makes provision for the establishment and composition of an Electoral Commission to manage elections at national, provincial and local legislative levels, and to make provision for the establishment and composition of an Electoral Court.
  • Regulations on Party Liaison Committees, 1998
  • Regulations for the Registration of Political Parties, 2004
  • Regulations Relating to the Activities Permissible Outside Voting Stations on Voting Day

• Electoral Commission Act: Amendment to Regulations for the Registration of Political Parties
  This amendment covers 2 small changes to the regulations governing the registration of a political party; namely regarding restrictions on a party's name, logo and abbreviation; and the number of voters' signatures required on a party's Deed of Foundation.

Elections

• Electoral Act 73 of 1998 including Regulations
  This legislation regulates elections of the National Assembly, the provincial legislatures and municipal councils
  • Election Regulations, 2004
  • Regulations Concerning the Submission of Candidate Lists, 2004
  • Regulations Concerning the Registration, 1998
  • Regulations on the Accreditation of Observers, 1999

• Electoral Laws Amendment Act 34 of 2003
  The purpose of this legislation is to amend the Electoral Act 73 of 1998.

• Electoral Laws Second Amendment Act 40 of 2003
  The purpose of this legislation is to amend the Electoral Laws Amendment Act 34 of 2003.

Municipal Elections

These Acts regulate the determination of municipal boundaries, the establishment of municipalities, municipal elections and related subjects.

• Local Government: Municipal Electoral Act, 2000 (Act 27 of 2000)
  Regulates municipal elections and amends certain laws.

• Local Government: Municipal Electoral Amendment Act, (Act 14 of 2010)
  This amendment to the Municipal Electoral Act covers the election timetable; nomination of candidates; central payments of deposits; presiding officers altering boundaries of voting stations if necessary; numbers of party agents at a voting station; assistance of voters; special votes; the powers and functions of the Electoral Commission and the Electoral Court in relation to the determination and declaration of the result of an election; and objections material to the result of an election.

• Local Government: Municipal Electoral Regulations
  Regulations covering parties contesting elections, party lists and deposit; ward candidates; voting stations, officers, agents and observers; accreditation of observers and voter education providers; voting and counting; general provisions; code of conduct for accredited observers; code for accredited voter education providers.

• Local Government: Municipal Electoral Regulations - 2011 amendment
  This amendment covers changes to the regulations concerning election deposits, the appointment of agents and new regulations regarding special votes. It also includes changes to the prescribed forms.

• Local Government: Municipal Demarcation Act, 1998 (Act 27 of 1998)
  Provides for criteria and procedures for the determination of municipal boundaries by an independent authority.

• Local Government: Municipal Structures Act, 1998 (Act 117 of 1998)
  Provides for the establishment of municipalities in accordance with the requirements relating to categories and types of municipality; establishes criteria for determining the category of municipality to be established in an area; defines the types of municipality that may be established within each category; provides for an appropriate division of functions and powers between categories of municipality; regulates the internal systems, structures and office-bearers of municipalities; and provides for appropriate electoral systems.

• Local Government: Municipal Structures Amendment Act, 2002 (Act 20 of 2002)
  Amends the Local Government: Municipal Structures Act, 1998, to enable a member of a municipal council to remain a member of that council even if they move to another party or their party subdivides or merges with another party; provides for the convening of meetings after the composition of a municipal council has changed; provides for the reconstitution of metropolitan subcouncils; provides for special measures for the application of Schedule 6A to the Constitution; and further regulates the submission of lists of candidates.

Political Party Funding

This legislation provides for a fund, managed by the IEC, which provides public funding to political parties.

• Public Funding of Represented Political Parties Act, 1997(Act 103 of 1997)
  This Act establishes the Represented Political Parties' Fund to provide for the funding of political parties participating in Parliament and provincial legislatures; to provide for the management of that Fund by the Electoral Commission and for accountability regarding that Fund; to regulate the allocation of moneys from that Fund and the purposes for which allocated moneys may be used by political parties; and to regulate the repayment to the Electoral Commission of the unspent balances of moneys by political parties under certain circumstances.

• Public Funding of Represented Political Parties Regulations
  (Public Funding of Represented Political Parties Regulations, 1998)
  These regulations cover the allocation of funding, payments and accounting.