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| Electoral Court | |
|---|---|
| |
| Established | 1996 |
| Jurisdiction | South Africa |
| Location | Bloemfontein |
| Composition method | Presidential appointment on the advice of theJSC |
| Authorised by | Electoral Commission Act, 1996 |
| Chairperson | |
| Currently | DH Zondi |
TheElectoral Court is aSouth African court that oversees theIndependent Electoral Commission (IEC) and the conduct ofelections. It was established by theElectoral Commission Act, 1996 to replace a Special Electoral Court which oversaw the1994 elections and has status similar to that of a division of theHigh Court.[1]
The court consists of a judge of theSupreme Court of Appeal as chairman, two High Court judges, and two other members. All members are appointed by thePresident on the advice of theJudicial Service Commission. As of 2018[update] the chairman is judge Boissie Mbha, who is also a judge of the Supreme Court of Appeal.[2] The two judges appointed to the Court are C Lamont and W L Wepener, both judges of theGauteng Division 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. 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 IEC. It hears appeals on the correctness of any decision taken by the IEC if it involves the interpretation of the law, and answers questions of legal interpretation referred by the IEC. It also investigates allegations against members of the IEC. 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.[1]
| Appellate courts |  | |
|---|---|---|
| High Court divisions | ||
| Lower courts | ||
| Specialist courts | ||