Parties that believe something went wrong with voting or counting in Wednesday's local government elections have until 5pm on Friday 6 November to lodge a formal objection with the IEC. The route a party takes matters, because the different complaint channels are not interchangeable.

Which channel is which

Parties have several avenues open to them: administrative disputes with the IEC, formal objections, complaints under the Electoral Code of Conduct, and issues raised through political liaison committees.

  • Administrative disputes fall under section 5(1)(o) of the Electoral Commission Act.
  • Formal objections to voting or counting procedures, or to unlawful interference with or intimidation of voters, fall under section 65 of the Local Government: Municipal Electoral Act 27 of 2000.
  • Political liaison committees are not courts and do not have the same powers as the IEC. A complaint raised there does not automatically count as a formal objection.

The deadline

Under section 65(2), an objection must be lodged by 5pm on the second day after voting day. For elections held on Wednesday 4 November, that is Friday 6 November. Late objections can be condoned.

Going to the Electoral Court

A party that is aggrieved by an IEC decision may appeal to the Electoral Court within seven days. The declaration of a result is not automatically suspended while an appeal is pending.

Separately, the Code of Conduct gives the chief electoral officer power to institute civil proceedings (section 77) and gives the Electoral Court jurisdiction over code infringements (section 78).

When results will be declared

IEC chief electoral officer Sy Mamabolo has said the IEC will declare the final results and the allocation of seats in municipal councils within the prescribed seven-day period, and has said he hopes the final outcome will be known by the weekend. Counting is still under way and no official final results have been confirmed.

What we do not yet know

  • Whether any party has lodged, or intends to lodge, a formal objection.
  • Whether the IEC will announce any extension or condonation of the objection deadline.
  • When the IEC will formally declare the results.

Parties and candidates should confirm deadlines and procedures directly with the IEC.