The Electoral Court is a South African court that oversees the

Electoral Commission An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...

(EC) and the conduct of

elections An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold Public administration, public office. Elections have been the usual mechanism by which modern representative ...

. It was established by the

Electoral Commission Act, 1996 An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office. Elections have been the usual mechanism by which modern representative democracy has operated ...

to replace a Special Electoral Court which oversaw the

1994 elections The following elections occurred in the year 1994. Africa * 1994 Botswana general election * 1994 Guinea-Bissau general election * 1994 Malawian general election * 1994 Mozambican general election * 1994 Namibian general election * 1994 South Af ...

, and has status similar to that of a division of the High Court. 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 President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...

on the advice of the Judicial Service Commission. the chairman is judge Boissie Mbha, who is also a judge of the Supreme Court of Appeal. The two judges appointed to the Court are C Lamont and W L Wepener, both judges of the

Gauteng Division The Gauteng Division of the High Court of South Africa is a superior court of law which has general jurisdiction over the South African province of Gauteng and the eastern part of North West province. The main seat of the division is at Pretoria, ...

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.

References

External links

Judgments of the Electoral Court
{{Superior Courts of South Africa 1996 establishments in South Africa Elections in South Africa Courts and tribunals established in 1996 Courts of South Africa Electoral courts Election law in South Africa