Legal Procedures Following the 2024 Election Results
Following the declaration of the election results by the Electoral Commission of South Africa (IEC) on Sunday, 2nd June 2024, under Section 57 of The Electoral Act 73 of 1998, we now focus on the subsequent legal procedures outlined by the Constitution and related legislative frameworks.
Constitutional Requirements for the National Assembly’s First Sitting
According to Section 51(1) of the Constitution, after the results are declared, the Chief Justice must arrange the first sitting of the National Assembly within 14 days. The National Assembly comprises all political parties that have secured seats based on the election results, reflecting the opinions of the public.
Election of the President
During the first sitting of the National Assembly, Section 86(1) of the Constitution mandates that the members of Parliament elect one of their own as the President of the Republic of South Africa. This provision allows for any member of Parliament to be elected as President, irrespective of which party secured the most votes.
The electoral process for electing the President is governed by Schedule 3, Part A of the Constitution, and proceeds as follows:
- The presiding officer of the National Assembly will call for nominations of candidates.
- A prescribed nomination form must be signed by at least two members of the National Assembly, and the nominated individual must accept the nomination by signing the form or providing written confirmation.
- The presiding officer will announce the nominations without allowing any debate.
- In the unlikely event that only one candidate is nominated, that candidate will be declared the President.
- In the more likely alternative that more than one candidate is nominated, a vote must be held by the assembly, using a secret ballot. The candidate receiving a majority of votes will be declared President.
- If no candidate receives a majority, the candidate with the fewest votes will be eliminated, and further rounds of voting will continue until a candidate secures a majority and is declared President.
Appointment of the Deputy President and Ministers
Once a President is elected, Section 91(2) of the Constitution allows the President to appoint the Deputy President and Ministers, assigning them their respective powers and duties. Until these appointments are made, Section 94 of the Constitution permits the current Deputy President and Ministers to continue holding office and exercising their powers.
Potential Coalition Government
In the absence of an absolute majority for any political party, we may witness the formation of a coalition government, marking the beginning of a new era in South African politics. However, this outcome remains speculative at this point.
Should you have any further questions on this topic or any other legal matters, please contact our offices on 011 897 1900, 076 777 1920 (after hours), or info@tuckers.co.za.
This article was contributed by Ahmed Seedat of Tuckers Attorneys.