ELECTORAL ACT
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PART XXII
ESTABLISHMENT, COMPOSITION AND RULES OF ELECTORAL COURT
161
Establishment and jurisdiction of Electoral Court
(1) There is hereby established a division of the High Court, to be known as the Electoral
Court, which shall be a court of record.
[Subsection amended by s. 30 of Act No. 6 of 2018]
(2) The Electoral Court shall have exclusive jurisdiction—
(a) to hear appeals, applications and petitions in terms of this Act; and
(b) to review any decision of the Commission or any other person made or purporting to
have been made under this Act;
and shall have power to give such judgments, orders and directions in those matters as might be
given by the High Court:
Provided that the Electoral Court shall have no jurisdiction to try any criminal case.
(3) Judgments, orders and directions of the Electoral Court shall be enforceable in the same
way as judgments, orders and directions of the High Court.
[Section substituted by s. 35 of Act No. 3 of 2012]
162
Judges of Electoral Court and composition thereof
(1) The Chief Justice shall, after consultation with the Judicial Service Commission and the
Judge President of the High Court, appoint at least two judges of the High Court to be Judges of
the Electoral Court for such a period as he or she may specify in such appointment.
[Subsection as amended by s. 77 of Act No. 17 of 2007 and by s. 36 of Act No. 3 of 2012]
(2) The Electoral Court’s jurisdiction may be exercised by a Judge of the Electoral Court
sitting alone or with one or more assessors appointed in terms of section one hundred and sixtythree.
163
Assessors
(1) Subject to this section, a Judge of the Electoral Court may require the Registrar of the
Electoral Court to appoint two persons (one of whom must be a woman) from the appropriate
list of persons referred to in subsection (2) to assist him or her as assessors in determining any
matter that is required to be determined in any case before the Electoral Court.
[Subsection amended by s. 31 of Act No. 6 of 2018]
(2) The Chief Justice and the Judge President shall prepare a list of the names of at least ten
persons (at least half of them women) who have knowledge or experience to act as assessors and
who are otherwise suitable for appointment as such.
[Subsection amended by s. 31 of Act No. 6 of 2018]
(3) The Registrar of the Electoral Court shall, when so directed by a judge of the Electoral
Court, choose as assessors at the trial of an election petition two persons whose names appear
on a list prepared in terms of subsection (2).
(4) Before an assessor enters upon his duties for the first time, he or she shall take an oath
before the Judge of the Electoral Court that he or she will faithfully perform his or her duties as
a member of the Electoral Court.
(5) An assessor appointed in terms of subsection (1) shall act in an advisory capacity only
and shall not be entitled to a vote in the decision of the Electoral Court.
(6) An assessor shall be paid such remuneration and allowances as the Minister, with the
consent of the Minister responsible for finance, may fix.
164
Registrar of Electoral Court
(1) The Registrar of the High Court shall be the Registrar of the Electoral Court.
130
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