Question NW1275 to the Minister of Home Affairs
14 May 2018 - NW1275
Waters, Mr M to ask the Minister of Home Affairs
Whether, with regard to section 7 of the Electoral Commission Act, Act 51 of 1996 (Electoral Act), as amended and section 181 of the Constitution of the Republic of South Africa, 1996, he has sought a legal opinion to ascertain whether section 7 of the Electoral Act is constitutional in that it gives the President powers over the terms and conditions of the Commissioner’s terms; if not, will he seek a legal opinion; if so, what were the findings of the legal opinion(s)?
Reply:
No. The Commission has not discussed the matter and therefore has no extent resolution to procure the referenced opinion.