Electoral Court of South Africa

The Electoral Act 202 of 1993 makes provision for the establishment of Special Electoral Court which had the status of a High Court.The current Electoral Court was established in 1996 provided by the Electoral Commission Act, 1996 to replace a Special Electoral Court which oversaw the 1994 elections. The Electoral Court oversees the Independent Electoral Commission (IEC) and the conduct of elections. The members of the Electoral Court are all judges who are recommended to the president by the Judicial Service Commission under the 1996 Act (section 19(1)), and one of the judges must be a Supreme Court of Appeal judge. The current Chairperson of the Electoral Court with effect from 1 November 2002 is Mr Justice Khayelihle Kenneth Mthiyane appointed under section 19(1)(a) of the Electoral Commission Act, 1996 (Act No. 51 of 1996), upon recommendation of the Judicial Service Commission. Currently the Electoral Court consists of only five staff members, of whom three are women. The staff members are Judge Thumba Pillay of the Durban High Court, Judge Thokozile Masipa of the Johannesburg High Court, and two attorneys, Susan Abro and Saloshna Moodley. Khayelihle Kenneth Mthiyane is the fifth member of the team


References:
• Fick, G., (1998).South Africa: Electoral Court. From Electoral Institute for Sustainable Democracy in Africa.Available at www.eisa.org.za [Accessed online on 3 December 2013]

Last updated : 06-May-2014

This article was produced for South African History Online on 06-May-2014