[3] An interim Electoral Commission was created in 1993 to manage the first non-racial election of the national and provincial legislatures, which was held on 26 to 29 April 1994.
[4] In December 1993, President F. W. de Klerk appointed the following South Africans to the Commission:[9] The five international members were: The 1994 elections were widely judged to have been free and fair, despite significant administrative problems and the National Party's threat to challenge their validity in court.
[13][14][11] Kriegler was replaced by his deputy, Brigalia Bam, who occupied the position until 2011 and remains the only Chairperson to have served a complete term.
In the South African Parliament's framing, these activities are a result of the Commission's broad interpretation of its statutory obligation to promote democracy through elections.
Members may be removed by the President on grounds of misconduct, incapacity or incompetence, following a process initiated in the Electoral Court and supported by a majority of the National Assembly.
In 2013, the Public Protector, Thuli Madonsela, found that Tlakula had been guilty of maladministration, had violated procurement regulations, and had failed to disclose a conflict of interest arising from her relationship with Thaba Mufamadi, who was a part-owner of Abland, the property developer behind the R320-million lease.
[21] Though the matter was postponed until after the elections, on 18 June the court found against Tlakula, recommending her removal on the basis that her misconduct had undermined the Commission's integrity.
[22][23] In 2018, Madonsela opposed the appointment of Mosotho Moepya as Commissioner, on the grounds that, while Chief Electoral Officer, he had failed to provide her with crucial information during her 2013 investigation into the lease.
[25] On 20 May 2021, the Commission appointed Dikgang Moseneke to hold an inquiry into the likelihood that local elections held as scheduled on 27 October 2021, during the COVID-19 pandemic, would be free and fair.