THE BENCH
Official Newsletter of the Judicial Officers Alliance of South Africa
Seventh Edition · October 2026
The 2026 Local Government Elections and the Role of the Courts
Safeguarding the Integrity of the Electoral Process
Free and fair elections under the protection of the law.
South Africa’s local government elections are scheduled for 4 November 2026. The Electoral Act 73 of 1998, as amended, and the Municipal Electoral Act 27 of 2000 regulate the process. Magistrates’ courts have jurisdiction over certain electoral offences and may be called upon to deal with urgent applications concerning the conduct of the elections, the validity of nominations, or the counting of votes. Judicial officers must remain scrupulously impartial. Any appearance of political alignment undermines public confidence. When applications are brought, the court should prioritise speed consistent with fairness, given the compressed timelines of an election period. The Constitutional Court’s jurisprudence on free and fair elections (section 19 of the Constitution) remains the guiding framework. JASA encourages all judicial officers to familiarise themselves with the relevant electoral legislation and with the protocols issued by the Electoral Commission. Our collective responsibility is to ensure that the elections are conducted in an atmosphere of peace, legality and public trust.
Judicial Officers Alliance of South Africa · Upholding Justice, Promoting Equity, Fostering Unity Page 14