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Electoral Commission Act, 1996 (Act No. 51 of 1996)

Chapter 5 : Electoral Court

20. Powers, duties and functions of Electoral Court

 

 

(1)
(a) The Electoral Court may review any decision of the Commission relating to an electoral matter.
(b) Any such review shall be conducted on an urgent basis and be disposed of as expeditiously as possible.

 

(2)
(a) The Electoral Court may hear and determine an appeal against any decision of the Commission only in so far as such decision relates to the interpretation of any law or any other matter for which an appeal is provided by law.
(b) No such appeal may be heard save with the prior leave of the chairperson of the Electoral Court granted on application within the period and in the manner determined by that Court.
(c) Such an appeal shall be heard, considered and summarily determined upon written submissions submitted within three days after leave to appeal was granted in terms of paragraph (b).

 

(3) The Electoral Court may determine its own practice and procedures and make its own rules.

 

(4) The Electoral Court shall—
(a) make rules in terms of which electoral disputes and complaints about infringements of the Electoral Code of Conduct as defined in section 1 of the Electoral Act, 1993 (Act No. 202 of 1993), and appeals against decisions thereon may be brought before courts of law; and
(b) determine which courts of law shall have jurisdiction to hear particular disputes and complaints about infringements, and appeals against decisions arising from such hearings.

 

(5) The hearings and appeals referred to in subsection (4) shall enjoy precedence in the courts of law determined in accordance with that subsection.

 

(6) The Electoral Court may hear and determine any matter that relates to the interpretation of any law referred to it by the Commission.

 

(7) The Electoral Court may investigate any allegation of misconduct, incapacity or incompetence of a member of the Commission and make any recommendation to a committee of the National Assembly referred to in section 7(3)(a)(ii).

 

(8) The Director-General: Justice shall provide the necessary accommodation, administration and financial support for the Electoral Court.

 


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