Who may file a complaint?

National Assembly Electoral Act, 2011: 28

Appeals against refusal orcancellation of registration of a political party

28A political party that isaggrieved by a decision of the Commission not to register it or to cancel itsregistration may, within 30 days after the party has been notified of the decision, appeal to the HighCourt against the decision.

National Assembly Electoral Act, 2011:42

Objections to nominationof candidate for elections in constituencies

An elector or politicalparty may lodge an objection in respect of any name that appears on the list contemplatedin section 41.

The objection referred to in subsection (1) shallbe lodged - in theprescribed form;

Within5 days of the lodging of the objection, the Commission shall -

(a)           consider the objection;

(b)                                           make a decision on it; and

(c)           inform the objector and the person,against whom the objection is directed, of its decisionin writing.

(4)         Aperson who is aggrieved by the decision of the Commission may appealagainst the decision to the High Court.

(5)The High Court shall hear and determine the appeal as expedi­tiously as possible and shall give itsruling at least 2 days before the date pre­scribed in^.the elections timetable forthe announcement of nominations.

National Assembly ElectoralAct, 2011: 49

Objection to nominations of candidates onparty list

An elector, apolitical party registered with the commission, or the Director, may objectto -

(a)           thesubmission of a list ofcandidates made in terms of section 47 on grounds that it does not comply withdie requirements in that section; and

(b)           thenomination of a candidate onthe grounds that the candidate is not eligible to standas a candidate.

(c)           Theobjection shall be made in the prescribed manner by not later than the date prescribed in the elections timetable.

(d)           The Commission shall determine theobjection and notifythe objector and the political party concerned of its decision by not laterthan the date prescribed in the elections timetable.

(e)           Theobjector or the political party affected by the decision may appeal against the decision of theCommission to the High Court by not later than the dateprescribed in the elections timetable.

If the Commission or the High Court decides that acandidate's nomination does not comply with the provisions of section 47, theCommission or the High Court may permit the political party an opportunity tocomply with thatsection.

EISA 2012 EOM Report25: Individualsare nominated through party primary elections to contest constituency seatsunder the FPTP component of the electoral system. In most parties, party brancheselect individuals from within their constituencies and the party’s centralcommittee endorses the elected individuals. Secondly, the nomination is done atthe central committee level of the party where the party leadership draws up alist of individuals to be submitted to the IEC for purposes of PR seatallocation. http://www.eisa.org.za/PDF/les2012eom.pdf