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Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000)

Chapter 7 : General Provisions

Part 2 : Enforcement

78. Jurisdiction and powers of Electoral Court

 

(1) The Electoral Court has jurisdiction in respect of all electoral disputes and complaints about infringements of the Code, subject to section 20(4) of the Electoral Commission Act.

 

(2) If a court having jurisdiction by virtue of section 20(4)(b) of the Electoral Commission Act finds that a person or party has contravened a provision of Part 1 of this Chapter, it may in the interest of a free and fair election impose any appropriate penalty or sanction on that person or party, including—
(a) a formal warning;
(b) a fine not exceeding R200 000;
(c) the forfeiture of any deposit paid by that person or party in terms of section 14(1)(b) or 17(2)(d);
(d) an order prohibiting that person or party from—
(i) using any public media;
(ii) holding any public meeting, demonstration, march or other political event;
(iii) entering any voting district for the purpose of canvassing voters or for any other election purpose;
(iv) erecting or publishing billboards, placards or posters at or in any place;
(v) publishing or distributing any campaign literature;
(vi) electoral advertising; or
(vii) receiving any funds from the State or from any foreign sources;
(e) an order imposing limits on the right of that person or party to perform any of the activities mentioned in paragraph (d);
(f) an order excluding that person or any agents of that person or any candidates or agents of that party from entering a voting station;
(g) an order reducing the number of votes cast in favour of that person or party;
(h) an order disqualifying the candidature of that person or of any candidate of that party; or
(i) an order canceling the registration of that party.

 

(3) Any penalty or sanction provided for in this section will be in addition to any penalty provided for in Part 3 of this Chapter.

 

 


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