South Africa

Everyone has the right to freedom of association. (Sec. 18)

(1) Every citizen is free to make political choices, which includes the right -
(a) to form a political party;
(b) to participate in the activities of, or recruit members for, a political party; and
(c) to campaign for a political party or cause.
(2) Every citizen has the right to free, fair and regular elections for any legislative body established in terms of the Constitution.
(3) Every adult citizen has the right -
(a) to vote in elections for any legislative body established in terms of the Constitution, and to do so in secret; and
(b) to stand for public office and, if elected, to hold office. (Sec. 19)

To enhance multi-party democracy, national legislation must provide for the funding of political parties participating in national and provincial legislatures on an equitable and proportional basis. (Sec. 236)

(1) The following state institutions strengthen constitutional democracy in the Republic:
…
(f) The Electoral Commission.
… (Sec. 181)

(1) The Electoral Commission must -
(a) manage elections of national, provincial and municipal legislative bodies in accordance with national legislation;
(b) ensure that those elections are free and fair; and
(c) declare the results of those elections within a period that must be prescribed by national legislation and that is as short as reasonably possible.
(2) The Electoral Commission has the additional powers and functions prescribed by national legislation. (Sec. 190)

(1) The Public Protector and the members of any Commission established by this Chapter⁸ must be women or men who—
(a) are South African citizens;
(b) are fit and proper persons to hold the particular office; and
(c) comply with any other requirements prescribed by national legislation.
(2) The need for a Commission established by this Chapter to reflect broadly the race and gender composition of South Africa must be considered when members are appointed.
… (Sec. 193)

The President –
(a) is the Head of State and head of the national executive;
(b) must uphold, defend and respect the Constitution as the supreme law of the Republic; and
(c) promotes the unity of the nation and that which will advance the Republic. (Sec. 83)

(1) The President has the powers entrusted by the Constitution and legislation, including those necessary to perform the functions of Head of State and head of the national executive.
… (Sec. 84)

(1) The executive authority of the Republic is vested in the President.
(2) The President exercises the executive authority, together with the other members of the Cabinet,
… (Sec. 85)

(1) At its first sitting after its election, and whenever necessary to fill a vacancy, the National Assembly must elect a woman or a man from among its members to be the President.
… (Sec. 86)

(1) When the President is absent from the Republic or otherwise unable to fulfil the duties of President, or during a vacancy in the office of President, an office-bearer in the order below acts as President:
(a) The Deputy President.
… (Sec. 90)

…
(2) The President appoints the Deputy President and Ministers, assigns their powers and functions, and may dismiss them.
(3) The President –
(a) must select the Deputy President from among the members of the National Assembly;
… (Sec. 91)

(1) The executive authority of the Republic is vested in the President.
(2) The President exercises the executive authority, together with the other members of the Cabinet,
… (Sec. 85)

(1) The Cabinet consists of the President, as head of the Cabinet, a Deputy President and Ministers.
(2) The President appoints the Deputy President and Ministers, assigns their powers and functions, and may dismiss them.
(3) The President –
(a) must select the Deputy President from among the members of the National Assembly;
(b) may select any number of Ministers from among the members of the Assembly; and
(c) may select no more than two Ministers from outside the Assembly.
(4) The President must appoint a member of the Cabinet to be the leader of government business in the National Assembly.
… (Sec. 91)

(1) Parliament consists of –
(a) the National Assembly; and
(b) the National Council of Provinces.
(2) The National Assembly and the National Council of Provinces participate in the legislative process in the manner set out in the Constitution.
… (Sec. 42)

In the Republic, the legislative authority—
(a) of the national sphere of government is vested in Parliament, as set out in section 44;
… (Sec. 43)

(1) The National Assembly consists of no fewer than 350 and no more than 400 women and men elected as members in terms of an electoral system that–
(a) is prescribed by national legislation;
(b) is based on the national common voters roll;
(c) provides for a minimum voting age of 18 years; and
(d) results, in general, in proportional representation. (Sec. 46)

(1) Every citizen who is qualified to vote for the National Assembly is eligible to be a member of the Assembly,
… (Sec. 47)

(1) The National Council of Provinces is composed of a single delegation from each province consisting of ten delegates.
(2) The ten delegates are -
(a) four special delegates consisting of-
(i) the Premier of the province or, if the Premier is not available, any member of the provincial legislature designated by the Premier either generally or for any specific business before the National Council of Provinces; and
(ii) three other special delegates; and
(b) six permanent delegates appointed in terms of section 61(2).
… (Sec. 60)

(1) Parties represented in a provincial legislature are entitled to delegates in the province’s delegation in accordance with the formula set out in Part B of Schedule 3.
… (Sec. 61)

(1) A person nominated as a permanent delegate must be eligible to be a member of the provincial legislature.
… (Sec. 62)

(1) At its first sitting after its election, and whenever necessary to fill a vacancy, a provincial legislature must elect a woman or a man from among its members to be the Premier of the province.
… (Sec. 128)