South Africa: Independent Electoral Commission

Updated March 2006

See also: Electoral Commission Act.

The Independent Electoral Commission (IEC) is established by the Constitution and its independence as an autonomous body is underwritten by the Electoral Commission Act (Constitution of the Republic of SA, Article 190-191; Electoral Commission Act 51 1996, 3(1), (2)).

Composition

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 (Electoral Commission Act 51 1996, 6). 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 (Electoral Commission Act 51 1996, 6(2)).

Members of the IEC may be removed for misconduct, incapacity or incompetence by the President on a resolution of the National Assembly. The removal must be initiated by the Electoral Court and the member must first be found wanting by a committee of the National Assembly before the Assembly itself entertains the resolution of removal (Electoral Commission Act 51 1996).

Term of Office

A Commissioner is appointed for a period of seven years unless the President, on the recommendation of the National Assembly, extends the term for a particular period (Electoral Commission Act 51 1996, 7(1)).

Functions

The following functions are allocated to the IEC by the Constitution (Constitution of the Republic of SA, 190(1)):

• To manage elections at all levels of government.
• To ensure elections are free and fair.
• To declare the results in as short a time as possible.

The Electoral Commission Act adds considerable detail to these broad functions (Electoral Commission Act 51 1996, 5(1)):

• To promote conditions for free and fair elections.
• To promote knowledge of electoral processes.
• To register voters and compile voters rolls.
• To register political parties.
• To liaise with political parties.
• To develop electoral technology.
• To review electoral legislation.
• To engage in electoral research.
• To promote voter education.
• To declare election results within seven days.
• To adjudicate disputes.

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 6 Apr 2009); 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 COMMISSION ACT 51 1996, [www] http://www.info.gov.za/gazette/acts/1996/a51-96.htm [opens new window] (accessed 9 Mar 2010).

ELECTORAL COMMISSION AMENDMENT ACT 2004, [www] http://www.info.gov.za/view/DownloadFileAction?id=67951 [PDF document, opens new window] (accessed 9 Mar 2010).