Objections - Electoral Commission of South Africa

What is a Section 55 Objection?

It is a formal objection that relates to the following:

Any aspect of the voting provided for in Part 1 of Chapter 4 of the Electoral Act; or
Any aspect of counting provided for in Part 2 and 3 of Chapter 4 of the Electoral Act.

Download our general Factsheet on Objections and Appeals

Who can lodge an objection?

Any interested party, including members of the public, independent candidates and political parties, may lodge an objection which is material to the result of an election, with the Commission.

By when must a section 55 Objection be lodged?

A section 55 objection must be lodged timeously by no later than 21:00, on the second day after voting, 31 May 2024.

An interested party must ensure that any late objection is accompanied by a substantive application for condonation or else the late objection may not be considered by the Commission.

Where do you lodge the Section 55 Objection?

A section 55 objection can be lodged via email at [email protected] or hand delivered to Legal Services at the Results Operation Centre as well as at the Commission's Head Office.

What information must the Section 55 Objection include?

The section 55 objection must be in the form of a sworn statement or affirmation and contain inter alia the following information:

a reference to the election concerned and the relevant section of the Electoral Act in terms of which the objection is brought;
the full name and physical address of the objecting party;
the telephone number and email address whereby the objecting party can be contacted;
the interest of the objecting party in the matter;
name and contact details of the party agent present at the affected voting station;
details of the objection and the aspect of the election concerned;
detailed reasons for the objection;
the relief sought;
a list of supporting documents accompanying the notice of objection.

What is the role of the Commission?

The section 55 objection must be in the form of a sworn statement or affirmation and contain inter alia the following information:

The Commission must consider all objections submitted by 21:00, 31 May 2024. The Commission must investigate every objection and will either reject or uphold the objection.
The Commission’s decision must be communicated to the objecting party in writing.
The Commission, may on good cause shown, condone a late objection.
If an objection does not comply with the requirement of section 55 and/or Regulation 31 of the Election Regulations for one or more of the following reasons:
- The objection is not on a sworn statement or affirmation;
- The objection clearly does not relate to an aspect of voting or counting;
- The objector does not provide sufficient details of the irregular conduct complained of; or
- A late objection does not comply with section 55(3) and is not accompanied by an application for condonation, i.e the objector does not show good cause why the late objection must be condoned.

The Commission will reject these objections on that basis alone. However, the Commission remains mindful of its obligations to ensure that the elections are free and fair and will act in accordance with such obligation.

Appeals

An objecting party or other party involved in the objection who feels aggrieved by the decision of the Commission may lodge an appeal to the Electoral Court in terms of section 20 of the Electoral Commission Act and the Rules of the Electoral Court.

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