Who prosecutes election-related criminal offences?

South Africa

South Africa

Answer
Not specified
Source

Electoral Act 1998, 96

 

If a court having jurisdiction by virtue of section 20 (4) (b)ofthe Electoral Commission Act finds that a person or registered party hascontravened a provision of Part 1 of this Chapter it may in the interest of afree and fair election impose any appropriate penalty

or sanction on that person or party, including—

(a) a formal warning;

(b) a fine not exceeding R200 000;

(c) the forfeiture of any deposit paidby that person or party

in terms of section 27 (2) (e);

(d) an order prohibiting that person orparty from—

(i) using any public media;

(ii) holding any public meeting, demonstration, march or otherpolitical event;

(iii) entering any voting district for the purpose of canvassingvoters or for any other election purpose;

(iv) erecting or publishing billboards, placards or posters at orin any place;

(v) publishing or distributing any campaign literature;

(vi) electoral advertising; or

(vii) receiving any funds from the State or from any foreignsources;

(e) an order imposing limits on theright of that person or party to perform any of the activities mentioned inparagraph (d);

(f) an order excluding that person orany agents of that person or any candidates or agents of that party fromentering a voting station;

(g) an order reducing the number of votescast in favour of that person or party;

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

(3) Any penalty or sanction provided for in this section will bein addition to any penalty provided for in Part 3 of this Chapter.

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