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

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(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.