The courts and the elections of 4 November 2026
A public holiday, an ordinary roll, and a duty of security.
4 November 2026. The roll continues.
“The roll continues. A public holiday is not an adjournment of justice.” A note for the election week
South Africa votes on 4 November 2026 in elections for 257 municipalities. The Inter-Ministerial Committee was told, in the first week of October, that eight unresolved court cases could still affect ballot papers in parts of the country: five in the Electoral Court, two in the Constitutional Court, and one in the Gauteng High Court. Preparations were described as on track, with security briefed alongside concerns about gender-based violence and a series of mass shootings.
A court that will be closed on 4 November should say so, in advance, on the roll and at the door, and should identify the duty arrangement for urgent domestic-violence applications. An application under the Domestic Violence
Act 116 of 1998 carries no court fee. Service and the warrant of arrest authorised by the Act are part of the protection.
Election-related crime, where it reaches a district court, is tried on the charge sheet. Bail is considered under section 60 of the Criminal Procedure Act 51 of 1977. A political label is not an aggravating factor, and it is not a defence. Members who have received a threat should report it in writing to the head of court and to the police. Security is an incident of section 165, not a private arrangement.
A note from Neelan Karikan. It may help to record the duty officer’s name before the public holiday. A protection order that cannot be served does not give the protection the Act intends.