South Africa: Electoral system

Updated November 2006

See also Electoral System Explanatory Note and Electoral Act.

Legal basis[1]	Constitution of the Republic of SA of 1996. Electoral Act 73 of 1998. Electoral Commission Act of 1996. Public Funding of Represented Political Parties Act of 1997. Local Government: Municipal Structures Act of 1998. Local Government: Municipal Demarcation Act of 1998. Local Government: Municipal Electoral Act of 2000.
Electoral system	National Assembly: Direct universal adult franchise proportional representation electoral system[2]. Presidential Elections: President is elected by the National Assembly[3].
Election period	National Assembly elections every 5 years, President elected by every new National Assembly[4].
Electoral institutions	Independent Electoral Commission (IEC). Electoral Court[5].
Functions of electoral institutions	IEC: To manage elections at all levels of government, ensure elections are free and fair, declare the results in as short a time as possible[6]. Electoral Court: To review decisions of IEC[7].
Independence of electoral institutions	IEC: Members appointed by the President on the recommendation of the National Assembly, following nomination by a National Assembly inter-party committee[8]. Members of the IEC may be removed for misconduct, incapacity or incompetence by the President on a resolution of the National Assembly[9]. Electoral Court: Has the status of the Supreme Court. Members appointed by the President on the recommendation of the Judicial Services Commission[10].
Demarcation	The Independent Electoral Commission is responsible for determining the number of seats allocated to each constituency in national and provincial elections. There are nine provinces which function as costituencies. A Municipal Demarcation Board is responsible for the delimitation of local authorities. The board is appointed by the President and consists of a full-time chair and between seven and fifteen members in total[11]. There are 282 municipal authorities.
Voter registration	The voters roll is maintained constantly and general registrations are conducted periodically. Registration is on a common voters roll by the chief electoral officer; the applicant is required to fill in form and provide identification[12]. A registration bar-code is placed in the ID book.
Voter education	The IEC is tasked with promoting "knowledge of sound and democratic electoral processes" and with promoting voter education[13].
Nomination of candidates	Candidates for the National Assembly are nominated by means of lists submitted by registered political parties, which must include a deposit and a declaration of eligibility of those listed and a declaration by each candidate of acceptance of the code of conduct[14].
Funding of political parties	Parties receive public funding roughly in proportion to their representation in the National Assembly and provincial legislatures[15]. There are no legal requirements in terms of private fund raising or accounting for private funds expended in campaigns[16].
Election campaign	A binding code of conduct governing the political activity of parties and candidates has been legislated. Campaigning on election day is prohibited[17].
Communication	The Independent Communications Authority of South Africa (ICASA) set out regulations regulating election broadcasting during the 2004 elections[18]. The regulation requires that all political parties be treated fairly. Allocation of free air time to parties is based on a complex formula that ensures a minimum of air time for all parties and takes into account past representation in the National Assembly and the number of candidates standing at both provincial and national levels[19].
Counting	The counting of votes may be undertaken by the presiding officer (if appointed a counting officer) or by another so appointed. Counting may take place at the polling station or at some other venue[20]. The exact procedure may thus vary according to local circumstances, but the votes are counted by the counting officer in the presence of the party agents and observers (if any)[21].
Announcement of results	The counting officer announces the result at the voting/counting station to members of the public and agents present and informs the IEC of the result. The IEC must, within seven days, determine and declare the result of an election by adding together the results received from all voting stations[22].
Conflict resolution	The IEC and its officer are empowered to resolve objections, appeals and code of conduct disputes through conciliation[23]. 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[24].
Election monitoring	Observers are accredited by the IEC, and issued with a code of conduct[25].

Table notes

[1] Constitution of the Republic of SA 1996; Independent Electoral Commission Undateda.
[2] Constitution of the Republic of SA 1996, Article 46. Half the seats are allocated to national lists and the other half to regional lists compiled by the parties (Electoral Act 73 of 1998, Schedule 1A).
[3] Constitution of the Republic of SA 1996, Article 86.
[4] Constitution of the Republic of SA 1996, Article 49(1), 86(1).
[5] Constitution of the Republic of SA 1996, Article 190, 191; Electoral Commission Act 1996, 18.
[6] Constitution of the Republic of SA 1996, Article 190(1). The Electoral Commission Act 1996, 5, adds considerable detail to these broad functions, including to promote conditions for free and fair elections, promote knowledge of electoral processes, to register voters and compile voters rolls, register political parties, liaise with political parties, develop electoral technology, research, voter education and adjudicate disputes.
[7] Electoral Commission Act 1996, 20.
[8] Electoral Commission Act 1996, 6. 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.
[9] Electoral Commission Act 1996, 7(1)(a). The removal must be recommended by the Electoral Court and the member found in dereliction by a committee of the National Assembly.
[10] Electoral Commission Act 1996, 19. No specific provision is made is made for the removal of the members but, given the status of the Electoral Court, the same would apply as for judges generally, who are removable by the President for incapacity, gross incompetence or misconduct only on a two-thirds majority resolution of the Assembly (Constitution of the Republic of SA 1996, Article 177).
[11] Local Government: Municipal Electoral, 2000, 6.
[12] Electoral Commission Act 1996, 5-8, 14; IEC Undatedb.
[13] Electoral Commission Act 1996, 5(d), (k). The IEC is responsible for accrediting suppliers of voter education and issues a code of conduct regulating these bodies (Electoral Commission Act 1996, 86). According to Tom Lodge (2004 39), non-accredited bodies are denied access to IEC funding (p 39).
[14] Electoral Commission Act 1996, 27.
[15] Public Funding of Represented Political Parties Act 1997, 5(2)(a); for more on this legislation see FICK, G 1998 Public Funding of Represented Political Parties Act, EISA.
[16] For a discussion of the debate in South Africa on this issue see Masterson & Letsholo, 92-97.
[17] Electoral Act 1998, 99, 107, Schedule 2: Electoral Code of Conduct.
[18] ICASA 2004.
19] ICASA 2004, Annexure B.
[20] Electoral Act 1998, 76, 77.
[21] Electoral Act 1998, 77(2) cf 73(3). Counting usually takes place at the polling station except for mobile stations (Lodge 2004, 63).
[22] Electoral Act 1998, 50(2), (3); 57. If outstanding results will not materially affect the outcome then the announcement may be made before they are in. If the IEC is unable to announce the results within seven days it must apply to the Electoral Court for an extension.
[23] Electoral Act 1998, 103, 103A.
[24] Electoral Act 1998, 96.
[25] Electoral Act 1998, 84; IEC Undatedc.

References

CONSTITUTION OF THE REPUBLIC OF SA 1996, [www] http://www.info.gov.za/documents/constitution/1996/index.htm [opens new window, incorporates all amendments until 13th Ammendment (2007)] Act No. 108 of 1996; 14-16 Amendments available at http://www.info.gov.za/view/DynamicAction?pageid=612 [opens new window] (accessed 9 Mar 2010); approved by Constitutional Court December 4, 1996; took effect February 4, 1997; amended 1996, 1997, 1998, 1999, 2001, 2002, 2003 (accessed 9 Mar 2010).

ELECTORAL ACT 73 1998, includes amendments of 2000 and 2003, [www] http://www.elections.org.za/Documents/iec-a6_act.pdf [PDF document, opens new window] (accessed 9 Mar 2010).

ELECTORAL COMMISSION ACT 51 1996, amended 2003, 2004, [www] http://www.info.gov.za/gazette/acts/1996/a51-96.htm [opens new window] (accessed 9 Mar 2010).

ICASA 2004 "Regulations relating to party election broadcasts, political advertisements, the equitable treatment of political parties by broadcasting licensees and related matters in respect of the 2004 general election", [www] http://www.icasa.org.za/Manager/ClientFiles/Documents/Elections_Regulations_and_ Guidelines_-_2004_Elections_eng.pdf(offline 9 Mar 2010).

IEC UNDATEDa "Legislation", [www] http://www.elections.org.za/Legislation.asp?Kid=1 [opens new window] (accessed 9 Mar 2010).

IEC UNDATEDb "Where and when do I register?", [www] http://www.elections.org.za/Where_register.asp [opens new window] (accessed 9 Mar 2010).

IEC UNDATEDc "SCHEDULE B: Code of Conduct for Accredited Observers:, [www] http://www.elections.org.za/Observers.asp#B [opens new window] (accessed 9 Mar 2010).

LOCAL GOVERNMENT: MUNICIPAL DEMARCATION ACT 27 1998, [www] http://www.elections.org.za/Documents/ACT27-2000.doc [MS Word document] (accessed 9 Mar 2010).

LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT 27 2000, [www] http://www.capegateway.gov.za/Text/2003/a27-00.pdf [PDF document, opens new window] (accessed 9 Mar 2010).

LOCAL GOVERNMENT: MUNICIPAL STRUCTURES ACT 117 1998.

LODGE, T 2004 Handbook of South African Electoral Laws and Regulations 2004, EISA.

MASTERSON G & LETSHOLO, S 2005 "The new challenges of democratic assistance in South Africa", IN South Africa's 2004 Election: The quest for democratic consolidation, Piper, L (ed), EISA Research Report No 12.

PUBLIC FUNDING OF REPRESENTED POLITICAL PARTIES ACT 103 1997, [www] http://www.capegateway.gov.za/Text/2003/a103-97.pdf [PDF document, opens new window] (accessed 9 Mar 2010).