Requirement to hold a hearing
South Africa
Answer
No
Source
Electoral Act 1998, 30The Commission must decide the objection, and must notify the objector and the registered party that nominated the candidate of the decision in the prescribed manner by not later than the relevant date stated in the election timetable.(4) The objector, or the registered party who nominated the candidate, may appeal against the decision of the Commission to the Electoral Court in the prescribed manner and by not later than the relevant date stated in the election timetable.(5) The Electoral Court must consider and decide the appeal and notify the parties to the appeal and the chief electoral officer of the decision in the prescribed manner and by not later than the relevant date stated in the election timetable.(6) If the Commission or the Electoral Court decides that a candidate?s nomination does not comply with section 27, theCommission or the Electoral Court may allow the registered party an opportunity to comply with that section, including an opportunity to substitute a candidate and to re-order the names on the list as a result of that substitution.http://www.elections.org.za/content/WorkArea/DownloadAsset.aspx?id=989Electoral Commission Act 1996, 16(4)(4) In considering such an appeal against the refusal to register a party in terms of subsection (1) (a) the Commission?(a) shall take into account the fact that the party which is associated with the name, abbreviated name, distinguishingmark or symbol, as the case may be, for the longest period, should prima facie be entitled thereto;(b) may, for the purposes of paragraph (a)?(i) afford the parties concerned an opportunity to offer such proof, including oral evidence or sworn or affirmed statements by any person which, in the opinion of the Commission, could be of assistance in the expeditious determination of the matter; and(ii) Administer an oath or affirmation to any person appearing to testify orally before it.http://www.elections.org.za/content/WorkArea/DownloadAsset.aspx?id=989