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THE  CONSTITUTION AND THE LEGAL FRAMEWORK GOVERNING ELECTIONS IN SOUTH AFRICA

• The Constitution : Chapter 1, Section 1(a)-(d). It includes all civil and political relating to elections such as the freedom of the media and the right to vote.
• The Bill of Rights : Freedom of conscience, Freedom of expression, Freedom of assembly, demonstration, pickets and protest and Freedom of association.
• The Electoral Commission Act : Act No.51 of 1996 – establishment of the Electoral Commission to manage National, Provincial and Municipal elections, powers, duties & functions
• The Electoral Act : Act No. 73 of 1998 provides regulations regarding the operation of national, provincial and municipal elections (The instruction manual for elections).
• Electoral Code of Conduct and electoral offences : The purpose is to promote conditions that are conducive to free and fair elections; including the following:
  • Tolerance of democratic political activity
  • Free political campaigning and open public debate

Every registered party and every candidate is bound by this Code.

Electoral Code of Conduct and electoral offences : Parties sign a Pledge (Statement of Commitment)

   Any political party that breaches the code can :

• be fined;
• be stopped from working in an area; or
• have their votes in an area cancelled.

The Electoral Court has jurisdiction in respect of all electoral disputes and complaints about infringement of the Code of Conduct, subject to section 20(40) of the Electoral Commission Act.

What is Electoral Fraud ?

It refers to illegal  interference with the process of an election through deliberate wrongdoing. Electoral fraud can take place before an election taking place and throughout the election period, both inside and outside voting stations. Electoral fraud is a crime in South Africa.