What remedies are available in the last instance?

South Africa

South Africa

Answer
Declare the candidate or party ineligible or eligible
Source

Electoral Act 1998, 96

 

If acourt having jurisdiction by virtue of section 20 (4) (b)of the ElectoralCommission Act finds that a person or registered party has contravened aprovision of Part 1 of this Chapter it may in the interest of a free and fairelection impose any appropriate penalty

orsanction on that person or party, including—

(a) a formal warning;

(b) a fine notexceeding R200 000;

(c) the forfeiture ofany deposit paid by that person or party in terms of section 27 (2) (e);

(d) an orderprohibiting 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 anyother 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 imposinglimits on the right of that person or party to perform any of the activitiesmentioned in paragraph (d);

(f) an order excludingthat person or any agents of that person or any candidates or agents of thatparty from entering a voting station;

(g) an order reducingthe number of votes cast in favour of that person or party;

(h) an order disqualifyingthe candidature of that person or of any candidate of that party; or an ordercancelling the registration of that party.

(3) Anypenalty or sanction provided for in this section will be in addition to anypenalty provided for in Part 3 of this Chapter.

http://www.elections.org.za/content/WorkArea/DownloadAsset.aspx?id=989
Comment

The law provides very general remedies for all types of electoral offences.

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