HOW TO FORCE EARLY ELECTIONS IN SOUTH AFRICA
The South African Constitution (1996) governs the terms of the National Assembly, the lower house of Parliament, and the President, both of which are aligned in a five-year cycle. The National Assembly is elected for a fixed term of five years under Section 49(1): "The National Assembly is elected for a term of five years." The President's term, as outlined in Section 86(1), begins upon assuming office and ends when a vacancy occurs or the next elected President assumes office. This effectively ties the President's term to that of the Assembly since the President is elected by the Assembly from among its members.
Early elections—such as halfway through a term (e.g., after approximately 2.5 years)—are not initiated unilaterally by the President. Instead, they require a deliberate action by the National Assembly itself. The key mechanism is Section 50, which addresses the dissolution of the National Assembly before its term expires.
Conditions for Dissolution and Early Elections (Section 50)
(1) The President must dissolve the National Assembly if—
(b) there is a vacancy in the office of the President and the Deputy President is unable to assume the office of the President, and the Assembly is unable to elect a new President within 30 days after the vacancy occurs.
The primary pathway (Section 50(1)(a)) allows the Assembly to vote to dissolve itself by a simple majority (more than 50% of its 400 members). Once this resolution passes, the President is obligated to dissolve the Assembly. This is the main route for calling early elections at any point, including halfway through a term. Notably, there is no minimum time requirement; it can happen immediately after the Assembly's election if a majority agrees.
The secondary pathway (Section 50(1)(b)) applies only in cases of a presidential vacancy where succession fails, which is rare and not relevant to a standard "early election" scenario.
Calling and Timing of Elections (Section 49(2))
Upon dissolution under Section 50 or natural expiry of the term, Section 49(2) mandates: "If the National Assembly is dissolved in terms of section 50, or when its term expires, the President, by proclamation, must call and set dates for an election, which must be held within 90 days of the date the Assembly was dissolved or its term expired."
Elections must occur within 90 days of dissolution. The Independent Electoral Commission (IEC) handles the logistics, but the President's proclamation sets the official dates.