South Africa: Electoral legislation

Updated February 2011

The 1999 and subsequent elections

Constitution of the Republic of South Africa, Act 108 of 1996, [www] http://www.info.gov.za/documents/constitution/1996/index.htm [opens new window, incorporates all amendments until 16th Ammendment of March 2009] (accessed 7 Feb 2011).
Ratified by the Constitutional Court on 4 December 1996 and took effect on 4 February 1997; it has been amended 16 times.

Electoral Act, 73 of 1998, [www] http://www.elections.org.za/content/WorkArea/DownloadAsset.aspx?id=989 [PDF document, opens new window] (accessed 26 Feb 2010).
Includes amendments of 2000 and 2003 as well as the following:

Local Government: Municipal Structures Act No 117 of 1998, includes amendments until 2006, [www] http://www.elections.org.za/content/WorkArea/DownloadAsset.aspx?id=982 [PDF document, opens new window] (accessed 26 Feb 2010).

Local Government: Municipal Electoral Act No 27 of 2000, [www] http://www.elections.org.za/content/WorkArea/DownloadAsset.aspx?id=983 [PDF document, opens new window] (accessed 26 Feb 2010).
Local Government: Municipal Electoral Regulations, includes amendments until 2005, [www] http://www.elections.org.za/content/WorkArea/DownloadAsset.aspx?id=1241 [PDF document, opens new window] (accessed 26 Feb 2010).

Electoral Commission Act, 51 of 1996, [www] http://www.elections.org.za/content/WorkArea/DownloadAsset.aspx?id=987 [PDF document, opens new window] (accessed 7 Feb 2011).
Includes amendments of 1998, 2000, 2003 and 2004 as well as the following:

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

Municipal Demarcation Act 27 of 1998, as amended in 2002, [www] http://www.elections.org.za/content/WorkArea/DownloadAsset.aspx?id=984 [PDF document, opens new window] (accessed 7 Feb 2011).

Public Funding of Represented Political Parties Act, 103 of 1997, as amended in 2005, [www] http://www.elections.org.za/content/WorkArea/DownloadAsset.aspx?id=985 [PDF document, opens new window] (accessed 7 Feb 2011).
Public Funding of Represented Political Parties Regulations, 1998, includes amendment until 2005, [www] http://www.elections.org.za/content/WorkArea/DownloadAsset.aspx?id=986 [PDF document, opens new window] (accessed 7 Feb 2011).

Electoral Commission Act, 51 of 1996, especially sections 15 and 16.

REGULATIONS ON THE ACCREDITATION OF OBSERVERS, 1999, [www] http://www.elections.org.za/content/WorkArea/linkit.aspx?LinkIdentifier=id&ItemID=1395 [PDF document, opens new window] (accessed 30 Mar 2011).
Code of Conduct for Accredited Observers (Regulations on the Accreditation of Observers, 1999, Schedule B).

The three statutes relevant to South Africa's transition to democracy, which provided the statutory context of the 1994 elections, were: