Objections to candidate nominations

Final candidate lists will be published on 22 April.

Timetable

  • 8am on 25 February
    Opening date for parties to submit candidate lists and deposits at IEC's national office
  • 5pm on 12 March
    Deadline for parties to submit candidate lists
  • 5pm on 18 March
    Deadline for Commission to notify parties of outstanding documents
  • 5pm on 24 March
    Deadline for parties and candidates to submit outstanding documents
  • 28 & 31 March
    Commission opens candidate lists for inspection at national office
  • 5pm on 1 April
    Deadline for submission of objections to candidates
  • 5pm on 7 April
    Deadline for Commission decisions on objections to candidates
  • 8 - 10 April
    Appeals to the Electoral Court against Commission decisions re candidate objections
  • 5pm on 15 April
    Deadline for Electoral Court decisions on appeals
  • 22 April
    IEC releases final lists of parties and candidates contesting the elections

Grounds for objections

Sections 47 and 106 of the Constitution prescribe who is eligible to be a member of the National Assembly and a provincial legislature. A candidate can only be deemed unqualified to stand as a candidate under specific circumstances.

In national and provincial elections, the Electoral Act prescribes the grounds as well as procedures for objections to candidates. In terms of Section 30 of the Electoral Act, any person, including the Chief Electoral Officer, may object to the nomination of a candidate on the following grounds:

  • Candidate not qualified to stand in the election
  • Prescribed acceptance of nomination not signed by the candidate
  • No prescribed undertaking signed by the candidate that the candidate is bound by the Code is submitted.

Candidates for the National Assembly

Every citizen who is qualified to vote for the National Assembly is eligible to be a member of the Assembly, except-

  • anyone who is appointed by, or is in the service of, the state and receives remuneration for that appointment or service, other than the President, Deputy President, Ministers and Deputy Ministers; and other office-bearers whose functions are compatible with the functions of a member of the Assembly, and have been declared compatible with those functions by national legislation;
  • permanent delegates to the National Council of Provinces or members of a provincial legislature or a Municipal Council;
  • unrehabilitated insolvents;
  • anyone declared to be of unsound mind by a South African court; or
  • anyone who, after 4 February 1997 (the date this section of the Constitution took effect), is convicted of an offence and sentenced to more than 12 months' imprisonment without the option of a fine, either in SA, or outside SA if the conduct constituting the offence would have been an offence in SA, but no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired. A disqualification under this paragraph ends five years after the sentence has been completed.

Candidates for a provincial legislature

Every citizen who is qualified to vote for the National Assembly is eligible to be a member of a provincial legislature, except-

  • anyone who is appointed by, or is in the service of, the state and receives remuneration for that appointment or service, other than the Premier and other members of the Executive Council of a province; and other office-bearers whose functions are compatible with the functions of a member of a provincial legislature, and have been declared compatible with those functions by national legislation;
  • members of the National Assembly, permanent delegates to the National Council of Provinces or members of a Municipal Council;
  • unrehabilitated insolvents;
  • anyone declared to be of unsound mind by a South African court; or
  • anyone who, after 4 February 1997 (the date this section of the Constitution took effect), is convicted of an offence and sentenced to more than 12 months' imprisonment without the option of a fine, either in SA, or outside SA if the conduct constituting the offence would have been an offence in SA, but no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired. A disqualification under this paragraph ends five years after the sentence has been completed.

Format for objections

Objections must also be served on the registered party that nominated the candidate.

There is no form to complete, but an objection must include:

  • the objector’s full names, postal address, residential or office address, telephone and or cellular phone number and fax number;
  • particulars of the candidate whose nomination is objected against;
  • grounds/reasons for making the objection;
  • details of supporting documents accompanying the notice of objection (if any); and
  • proof of having served the objection on the registered party that nominated the candidate.