iec local gov election leg

LOCAL GOVERNMENT ELECTION

LEGISLATION

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CONTENTS

Page

Key Addresses of the Electoral Commission’s National and Provincial Offices ......................... v

Quick Finder ......................................................... vii

Local Government: Municipal Electoral Act No. 27 of 2000 ................................................... 3

Local Government: Municipal Electoral Regulations ....................................................... 95

Electoral Commission Act No. 51 of 1996 ............ 183

Regulations in terms of the Electoral Commission Act No. 51 of 1996 ............................................. 217

Rules in terms of the Electoral Commission Act No. 51 of 1996 .................................................... 247

v

KEY ADDRESSES OF THE ELECTORAL COMMISSION’S NATIONAL AND

PROVINCIAL OFFICES

National Office Election House

Riverside Office Park, 1303 Heuwel Avenue Centurion, 0157

(012) 622 5700

www.elections.org.za

PEO OFFICES - Physical Address Main number

Eastern Cape

IEC House, St Helena Drive, Triple Point, Beacon Bay, East London

(043) 709 4200

Free State

197 Nelson Mandela Avenue, Collage Acre Building, 1st Floor, Blf

(051) 401 5000

Gauteng

36 Boundary Road, Houghton Estate, The Isle of Hough-ton, Old Trafford, Parktown

(011) 644 7400

Kwa-Zulu Natal

Westville Civic Centre Main Building, William Lester Drive, Westville

(031) 279 2200

Key Addresses

vi

PEO OFFICES - Physical Address Main number

Limpopo

5 Dimitri Crescent, Platinum Park, KPMG Building, Bendor, Polokwane

(015) 283 9100

Mpumalanga IEC Building, 23 Roodt Street, Nelspruit

(013) 762 0640

Northern Cape

Block 4, Mornridge Offices, Cnr Kekewich & Memorial Road, Kimberley

(053) 838 5000

North West Protea Office Park, 103 Sekame Street, Mahikeng

(018) 391 0800

Western Cape

The Bridge, 1st floor, Unit 4, 304 Durban Road, Belville, Cape Town

(021) 910 5700

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QUICK FINDER

Page

LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT NO. 27 OF 2000

CHAPTER 1: INTERPRETATION, APPLICA-TION AND ADMINISTRATION OF ACT ........... 9

CHAPTER 2: VOTERS’ ROLL AND ELECTION DATE ................................................................. 15

CHAPTER 3: PREPARATIONS FOR ELECTION ........................................................ 19

Part 1: Election timetable and appointment of local representatives ......................................... 19

Part 2: Parties contesting election and submis-sion of party lists ............................................... 20

Part 3: Ward candidates ....................................... 24 Part 4: Voting stations .......................................... 28 Part 5: Voting materials ........................................ 30 Part 6: Officers, additional persons, institutions

and agents ........................................................ 32

CHAPTER 4: OBSERVERS AND VOTER EDUCATION PROVIDERS ............................... 42

CHAPTER 5: VOTING ......................................... 45

CHAPTER 6: COUNTING .................................... 56

CHAPTER 7: GENERAL PROVISIONS .............. 65

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Quick Finder

viii

Page Part 1: Prohibited conduct .................................... 65 Part 2: Enforcement ............................................. 71 Part 3: Offences and penalties ............................. 73 Part 4: Other general provisions ........................... 73 Part 5: Codes of conduct and regulations ............ 75 Part 6: Delegation of powers and assignment of

duties by Commission and chief electoral officer ................................................................. 76

Part 7: Miscellaneous ........................................... 78 Schedule 1: Electoral code of conduct ................. 78 Schedule 2: Amendment of laws .......................... 84 Schedule 3: Election timetable ............................. 86

LOCAL GOVERNMENT: MUNICIPAL ELECTORAL REGULATIONS

Municipal Electoral Regulations ........................... 95

ELECTORAL COMMISSION ACT NO. 51 OF 1996 CHAPTER 1: INTERPRETATION AND APPLI-

CATION OF ACT .............................................. 186

CHAPTER 2: ELECTORAL COMMISSION ......... 188

CHAPTER 3: ADMINISTRATION, STAFF AND ACCOUNTABILITY OF COMMISSION ............. 197

CHAPTER 4: REGISTRATION OF PARTIES ...... 199

CHAPTER 5: ELECTORAL COURT .................... 206

CHAPTER 6: GENERAL PROVISIONS .............. 208 Schedule: Laws repealed ...................................... 211

viii

Quick Finder

Quick Finder

ix

Page

ELECTORAL COMMISSION REGULATIONS

Regulations on Party Liaison Committees ........... 217

Regulations for the Registration of Political Parties ............................................................... 221

Regulations Relating to Activities Permissible Outside Voting Stations on Voting Day ............. 243

ELECTORAL COMMISSION RULES Rules Regulating the Conduct of the Proceed-

ings of the Electoral Court ................................. 247

Rules Regulating Electoral Disputes and Com-plaints about Infringements of the Electoral Code of Conduct in Schedule 2 of the Electoral Act, 1998 (Act No. 73 of 1998) and Determin-ation of Courts having Jurisdiction .................... 253

ix

Quick Finder

LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT

NO. 27 OF 2000

3

LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT NO. 27 OF 2000

[ASSENTED TO 6 JULY, 2000] [DATE OF COMMENCEMENT: 11 JULY, 2000]

(English text signed by the President)

This Act has been updated to Government Gazette 45060 dated 27 August, 2021.

as amended by Local Government: Municipal Electoral Amendment Act,

No. 14 of 2010

Local Government: Municipal Electoral Amendment Act, No. 1 of 2016

Electoral Laws Amendment Act, No. 1 of 2019

Electoral Laws Amendment Act, No. 4 of 2021

[with effect from 27 August, 2021]

ACT To regulate municipal elections; to amend certain

laws; and to provide for matters connected therewith.

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:—

Local Government: Municipal Electoral Act

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TABLE OF CONTENTS

CHAPTER 1 INTERPRETATION, APPLICATION AND

ADMINISTRATION OF ACT Page

1. Definitions .................................................. 9 2. Interpretation of this Act ............................. 14 3. This Act to regulate municipal elections .... 14 4. Administration of this Act ........................... 15

CHAPTER 2 VOTERS’ ROLL AND ELECTION DATE

5. National common voters’ roll to apply to municipal elections .................................... 15

6. Segments of voters’ roll to be used in election ...................................................... 15

7. Who may vote ............................................ 16 8. Postponement of elections ........................ 17 9. Postponement of voting at voting station .. 18 10. Revote at voting station ............................. 18

CHAPTER 3 PREPARATIONS FOR ELECTION

Part 1: Election timetable and appointment of local representatives

11. Election timetable ...................................... 19 12. Appointment of local representatives ........ 19

Part 2: Parties contesting election and submission of party lists

13. Parties contesting elections ....................... 20

Local Government: Municipal Electoral Act .

5

Page 14. Requirements for parties contesting elec-

tion by way of party lists ............................ 21 14A. Central payments of deposits .................... 23 15. List of parties contesting election by way of

party lists and certification of party lists ..... 24

Part 3: Ward candidates 16. Nomination of ward candidates ................. 24 17. Requirements for ward candidates to con-

test election ............................................... 25 17A. Central payments of deposits .................... 27 18. List of ward candidates to contest ward

election ...................................................... 28

Part 4: Voting stations 19. Establishment of voting stations ................ 28 20. Relocation of voting stations ...................... 29 21. Boundaries of voting stations .................... 29 22. Mobile voting stations ................................ 30

Part 5: Voting materials 23. Ballot papers .............................................. 30 24. Ballot boxes ............................................... 31 25. Voting compartments ................................. 31 26. Voting materials ......................................... 31

Part 6: Officers, additional persons, institutions and agents 27. Appointment of presiding officers .............. 32 28. Powers and duties of presiding officers ..... 32 29. Appointment of voting officers ................... 34


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Page 30. Powers and duties of voting officers .......... 34 31. Appointment of counting officers ............... 34 32. Powers and duties of counting officers ...... 34 33. Appointment of counters ............................ 35 34. Powers and duties of counters .................. 35 35. Appointment of additional persons ............ 35 36. Powers and duties of additional persons ... 36 37. General provisions concerning appoint-

ment of officers .......................................... 36 38. General provisions concerning appoint-

ment of institutions ..................................... 37 39. Appointment of agents ............................... 40 40. Powers and duties of agents and candi-

dates within voting station ......................... 41

CHAPTER 4 OBSERVERS AND VOTER EDUCATION PROVIDERS

41. Accreditation of observers ......................... 42 42. Powers and duties of accredited observers ... 43 43. Accreditation of persons providing voter

education ................................................... 44

CHAPTER 5 VOTING

44. Officers at voting stations .......................... 45 45. Hours of voting .......................................... 45 46. Initial procedures ....................................... 46 47. Voting procedure ....................................... 46 48. Assistance to certain voters ....................... 49 49. Issue of new ballot papers ......................... 49

Local Government: Municipal Electoral Act .

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Page 50. Marking of hand ......................................... 50 51. Objections concerning voting .................... 51 52. Sealing of ballot boxes .............................. 53 53. Completion of ballot paper statement and

sealing of voting materials ......................... 53 54. Voting procedure for mobile voting stations ... 54 55. Special votes ............................................. 55

CHAPTER 6 COUNTING

56. Commencement of counting procedures .. 56 57. Place and time of counting of votes .......... 56 58. Verification procedure ................................ 57 59. Objections and appeals concerning

verification ................................................. 58 60. Counting of votes ....................................... 59 61. Rejection of ballot papers .......................... 59 62. Objections concerning sorting of ballot

papers and counting of votes .................... 60 63. Procedure concerning results and voting

materials .................................................... 60 64. Determination and declaration of result of

election ...................................................... 61 65. Objections material to result of election .... 62

CHAPTER 7 GENERAL PROVISIONS

Part 1: Prohibited conduct 66. Contravention of Code ............................... 65 67. Undue influence ......................................... 65


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Page 68. Impersonation ............................................ 67 69. Intentional false statements ....................... 68 70. Infringement of secrecy ............................. 68 71. Prohibitions concerning voting and election

materials .................................................... 68 72. Prohibitions concerning placards and bill-

boards during election ............................... 69 73. Obstruction of, or non-compliance with,

directions of Commission, chief electoral officer and other officers ............................ 69

74. Temporary obligations ............................... 70 75. Prohibition on certain political activities ..... 70 76. Prohibition on publication of exit polls ....... 71

Part 2: Enforcement 77. Institution of and intervention in civil pro-

ceedings by chief electoral officer ............. 71 78. Jurisdiction and powers of Electoral Court .... 71

Part 3: Offences and penalties 79. Offences .................................................... 73 80. Penalties .................................................... 73

Part 4: Other general provisions 81. Access to private places ............................ 73 82. Ownership of voting and election materials,

and disposal .............................................. 73 83. Return or forfeiture of deposit .................... 74 84. Effect of certain irregularities ..................... 74 85. Inspection and copying of documents ....... 74 86. Prohibition on certain strikes and lock-outs ... 74

Local Government: Municipal Electoral Act s. 1

9

Part 5: Codes of conduct and regulations Page

87. Electoral Code of Conduct ......................... 75 88. Other Codes .............................................. 75 89. Regulations ................................................ 75

Part 6: Delegation of powers and assignment of duties by Commission and chief electoral officer

90. Delegation of powers and assignment of duties by Commission ............................... 76

91. Delegation of powers and assignment of duties by chief electoral officer .................. 77

92. Decision of objections and appeals ........... 77

Part 7: Miscellaneous 93. Amendment of laws ................................... 78 94. Application of Local Government Transition

Act, 1993 ................................................... 78 95. Act binds State .......................................... 78 96. Short title ................................................... 78 Schedule 1: Electoral code of conduct .................. 78 Schedule 2: Amendment of laws ........................... 84 Schedule 3: Election timetable ............................... 86

CHAPTER 1 INTERPRETATION, APPLICATION AND

ADMINISTRATION OF ACT

1. Definitions.—In this Act, unless the context other-wise indicates—

“agent” means a person appointed as an agent in terms of section 39;

s. 1 Local Government: Municipal Electoral Act

10

“assignment”, in relation to a duty, includes an instruc-tion to perform the duty, and “assign” has a correspond-ing meaning;

“authorised representative”, in relation to a party, means a natural person duly authorised by the party in accordance with its constitution to act on the party’s behalf for purposes of submitting a party list or nominat-ing a ward candidate;

[Definition of “authorised representative” inserted by s. 1 (a) of Act No. 1 of 2016.]

“ballot”, in relation to— (a) an election where a voter in terms of item

8 (1) or 9 (2) of Schedule 1 or item 3 (a) of Schedule 2 to the Municipal Structures Act is entitled to cast one vote only, means a ballot conducted at a voting station to enable voters to cast that vote in the election; or

(b) an election where a voter in terms of item 9 (1) of Schedule 1 or item 3 (b) of Schedule 2 to the Municipal Structures Act is entitled to cast more than one vote, means each of the separate ballots conducted at a voting station to enable voters to cast those votes in the election;

“candidate” means a party or ward candidate; “chief electoral officer” means the chief electoral

officer appointed in terms of section 12 (1) of the Elec-toral Commission Act, and includes any person desig-nated to act in that capacity in terms of section 12 (3) of that Act;

“Code” means— (a) the Electoral Code of Conduct; and (b) any other Code issued by the Commission

under section 88;


11

“Commission” means the Electoral Commission, established by section 3 of the Electoral Commission Act;

“Constitution” means the Constitution of the Repub-lic of South Africa, 1996 (Act No. 108 of 1996);

“counter” means a person appointed as a counter in terms of section 33;

“counting officer” means a person appointed as a counting officer in terms of section 31;

“district council” has the meaning assigned to it in section 1 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);

[Definition of “district council” inserted by s. 17 (a) of Act No. 4 of 2021 w.e.f. 27 August, 2021.]

“district management area” . . . . . . [Definition of “district management area” deleted

by s. 17 (b) of Act No. 4 of 2021 w.e.f. 27 August, 2021.]

“election” or “municipal election” means— (a) an election of a municipal council; or (b) a by-election for a municipal council or in a

ward; “Electoral Act” means the Electoral Act, 1998 (Act

No. 73 of 1998); “Electoral Code of Conduct” means the Code con-

tained in Schedule 1; “Electoral Commission Act” means the Electoral

Commission Act, 1996 (Act No. 51 of 1996); “Electoral Court” means the Court established by

section 18 of the Electoral Commission Act;


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“identity document” means an identity card issued in terms of the Identification Act, 1997 (Act No. 68 of 1997), and, subject to section 25 of that Act, includes the green, bar-coded identity document contemplated in that section;

[Definition of “identity document” substituted by s. 1 (b) of Act No. 1 of 2016.]

“local representative”, in relation to the Commis-sion, means a local representative of the Commission appointed in terms of section 12;

“MEC” means the member of an Executive Council of a province responsible for local government in the province;

“Minister” means the Minister for Provincial and Local Government;

“municipal council” or “council” means a municipal council referred to in section 18 of the Municipal Struc-tures Act;

“municipality”— (a) as a corporate entity, means a municipality

established in terms of Chapter 2 of the Municipal Structures Act; and

(b) as a geographical area, means an area deter-mined in terms of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998);

“Municipal Structures Act” means the Local Gov-ernment: Municipal Structures Act, 1998 (Act No. 117 of 1998);

“officer” means— (a) a local representative of the Commission; (b) a presiding officer; (c) a voting officer;


13

(d) a counting officer; (e) a counter; or (f) any other person appointed in terms of sec-

tion 35; “party” or “registered party” means a party regis-

tered in terms of Chapter 4 of the Electoral Commission Act;

“party candidate” means a person whose name appears on a party list;

“party list” means a list of candidates proposed by a party for the purposes of the election of members of a municipal council to proportionally represent parties in the council either in relation to the municipality or in rela-tion to a district management area;

“political office”, in relation to a party, means any office in the party to which a representative of the party is elected or nominated, whether involving remuneration or not, or any other paid office in the party to which a per-son is appointed;

“prescribe” means prescribe by regulation in terms of section 89 and “prescribed” has a corresponding meaning;

“presiding officer” means a person appointed as a presiding officer in terms of section 27;

“security services” means the security services of the Republic referred to in section 199 (1) of the Consti-tution;

“serve” means— (a) to send by post, telegram, telex, telefax or

e-mail; or (b) to deliver by hand;

“this Act” includes a Code and any regulations made in terms of section 89;

ss. 1 – 3 Local Government: Municipal Electoral Act

14

“timetable”, in relation to an election, means a time-table for an election published by the Commission in terms of section 11;

“voter” means a person whose name appears on the voters’ roll;

“voters’ roll” means the national common voters’ roll compiled and maintained in terms of the Electoral Act;

“voting day” means the day on which voting in an election takes or is to take place;

“voting district” means a voting district established in terms of section 60 of the Electoral Act;

“voting officer” means a person appointed as a vot-ing officer in terms of section 29;

“voting station” means a voting station established in terms of section 19;

“ward” means a ward mentioned in item 2 of Sched-ule 1 to the Municipal Structures Act;

“ward candidate” means a candidate nominated in terms of section 16 to contest an election in a ward, either as a candidate representing a party or as an inde-pendent candidate.

2. Interpretation of this Act.—Any person interpreting or applying this Act must— (a) do so in a manner that gives effect to the

constitutional declarations, guarantees and responsibilities contained in the Constitution; and

(b) take into account any applicable Code.

3. This Act to regulate municipal elections.—(1) This Act applies to all municipal elections held after the date determined in terms of section 93 (3) of the Municipal Struc-tures Act.

Local Government: Municipal Electoral Act ss. 3 – 6

15

(2) The Electoral Act and the regulations made in terms of that Act apply to municipal elections only to the extent as stated in this Act.

4. Administration of this Act.—(1) This Act is admin-istered by the Commission.

(2) The Commission must administer this Act in a manner conducive to free and fair elections.

CHAPTER 2 VOTERS’ ROLL AND ELECTION DATE

5. National common voters’ roll to apply to munici-pal elections.—(1) The national common voters’ roll com-piled and maintained in terms of the Electoral Act must be used for municipal elections.

(2) A municipality’s segment of the voters’ roll consists of the segments of the voters’ roll for the voting districts falling within the municipality.

6. Segments of voters’ roll to be used in election.—(1) A municipality’s segment of the voters’ roll to be used in that election is the one certified by the chief electoral officer for that election in terms of subsection (2).

[Sub-s. (1) substituted by s. 18 (a) of Act No. 1 of 2019.]

(1A) Except where this Act otherwise permits, only a voter who applied for registration prior to the proclamation of an election date may vote in the election concerned.

[Sub-s. (1A) inserted by s. 18 (b) of Act No. 1 of 2019.]

(2) By not later than a date stated in the timetable for an election, the chief electoral officer must— (a) certify the segments of the voters’ roll for the

voting districts to be used in the election; and


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(b) make such segments available for inspection at—

(i) the Commission’s head office; (ii) the office of the Commission’s provincial

representative in the province in which the election will take place; and

(iii) the office of the Commission’s local representative in the municipality in which the election will take place.

7. Who may vote.—(1) A person may vote in an elec-tion only if registered as a voter on the certified segment of the voters’ roll for a voting district which falls within the municipality.

(2) A person whose name does not appear on the cer-tified segment of the voters’ roll for a voting district and who claims to have applied for registration as a voter in that voting district before or on the date of publication of the notice in terms of which the election was called, may submit to the Commission, at the address of the Commission’s local representative, or to the presiding officer of the voting station for that voting district— (a) a sworn or solemnly affirmed statement on a

prescribed form containing the following par-ticulars:

(i) The full name, identity number and date of birth of that person;

(ii) that person’s finger print; (iii) the address where that person ordinarily

resides; (iv) a declaration that the address is situated

within the area of that voting district;


17

(v) a declaration that that person applied for registration as a voter in that voting dis-trict before or on the date of publication of the notice; and

(vi) a request that that person’s name should be included in the certified seg-ment of the voters’ roll for that voting dis-trict; and

(b) proof that that person applied for registration as a voter in that voting district before or on the date of publication of the notice.

(3) If the Commission or the presiding officer, as the case may be, has no reason to doubt the correctness of the contents of the statement— (a) the Commission or the presiding officer must

make an endorsement to that effect on the statement; and

(b) that person must be regarded as having been registered as a voter on the certified segment of the voters’ roll for the voting district referred to in subsection (2) (a) (iv).

8. Postponement of elections.—(1) The Commission may request the Minister or, in the case of a by-election, the MEC, to postpone the voting day determined for an election if the Commission is satisfied that it is not reasonably pos-sible to conduct a free and fair election on that day.

(2) On receipt of such a request, the Minister by notice in the Government Gazette, or the MEC by notice in the Provincial Gazette, must postpone the voting day for the election to a day determined in the notice, but that day must fall within a period of 90 days of the applicable date men-tioned in section 24 (2) or 25 (3) of the Municipal Structures Act.


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9. Postponement of voting at voting station.—(1) If the Commission is satisfied that it is not reasonably pos-sible to conduct a free and fair election at a voting station on the voting day, the Commission may, before voting commences at the voting station, postpone voting at that voting station to a day determined by the Commission, but that day must fall within a period of 90 days of the appli-cable date mentioned in section 24 (2) or 25 (3) of the Municipal Structures Act.

(2) If the Commission postpones voting at a voting station, it must— (a) make its decision known in any appropriate

way that will ensure sufficient publicity of the postponement and the date determined for voting at that voting station; and

(b) if reasonably possible, prominently display a notice at the voting station for the duration of the original voting day stating that voting has been postponed.

10. Revote at voting station.—(1) If ballot papers used in an election at a voting station are lost, destroyed or unlawfully removed before the votes cast at the voting station have been counted, the Commission may allow a revote at that voting station on a day determined by the Commission, but that day must fall within a period of 90 days of the applicable date mentioned in section 24 (2) or 25 (3) of the Municipal Structures Act.

(2) If the Commission allows a revote at a voting sta-tion, it must make its decision known in any appropriate way that will ensure sufficient publicity of the date determined for the revote at that voting station.

(3) A revote at a voting station must be conducted in accordance with the same procedures that applied on the voting day.


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CHAPTER 3 PREPARATIONS FOR ELECTION

Part 1: Election timetable and appointment of local representatives

11. Election timetable.—(1) When an election has been called, the Commission must— (a) compile a timetable for the election in accord-

ance with Schedule 3; and [Para. (a) substituted by s. 1 (a) of

Act No. 14 of 2010.]

(b) publish the election timetable in the Govern-ment Gazette, or, in the case of a by-election, in the Provincial Gazette of the province con-cerned.

(1A) The election timetable may include any other mat-ter authorised in terms of this Act.

[Sub-s. (1A) inserted by s. 19 of Act No. 1 of 2019.]

(2) The Commission may, by notice as required in subsection (1) (b), amend the election timetable if— (a) it considers it necessary for a free and fair

election; or (b) the voting day is postponed.

(3) Any act required to be performed in terms of this Act must be performed by no later than a date and time stated in the election timetable.

[Sub-s. (3) added by s. 1 (b) of Act No. 14 of 2010.]

12. Appointment of local representatives.—(1) When an election has been called, the Commission must appoint, for the area of the municipality in which the election will be


20

held, an employee or other person as its representative for the purpose of the election.

(2) A local representative of the Commission— (a) may exercise the powers and must perform

the duties conferred on or assigned to a local representative by or under this Act;

(b) performs those functions of office subject to the directions, control and disciplinary authori-ty of the chief electoral officer; and

(c) holds office subject to section 37.

Part 2: Parties contesting election and submission of party lists

13. Parties contesting elections.—(1) Only registered parties may contest an election, and may contest the elec-tion either by— (a) submitting a party list containing the names of

candidates to stand as its representatives for the election of members of the council to pro-portionally represent parties in the council;

(b) nominating a ward candidate to stand as a representative of the party in a ward; or

(c) doing both. (2) A party intending to contest an election in terms

of— (a) subsection (1) (a), must comply with the

requirements for the nomination of party can-didates as set out in this Part;

(b) subsection (1) (b), must comply with the requirements for the nomination of ward can-didates as set out in Part 3; and


21

(c) subsection (1) (c), must comply with the requirements for the nomination of both party and ward candidates as set out in this Part and Part 3.

14. Requirements for parties contesting election by way of party lists.—(1) A party may contest an election in terms of section 13 (1) (a) or (c) only if the party by not later than a date stated in the timetable for the election has submitted to the Commission—

[Sub-s. (1) amended by s. 2 (a) of Act No. 1 of 2016.]

(a) in the prescribed format and signed by the party’s duly authorised representative—

(i) . . . . . .

[Sub-para. (i) deleted by s. 2 (b) of Act No. 1 of 2016.]

(ii) a party list; (iii) an undertaking binding the party, its

candidates, persons holding political or executive office in the party, its repre-sentatives, members and supporters, to the Code; and

(iv) a declaration that none of the candi-dates on the party list is disqualified from standing for election in terms of the Constitution or any applicable legislation and that each of those candidates has signed the prescribed acceptance of nomination; and

[Para. (a) substituted by s. 2 (a) of Act No. 14 of 2010. Sub-para. (iv) substituted by s. 18 (a) of

Act No. 4 of 2021 w.e.f. 27 August, 2021.]


22

(b) a deposit equal to a prescribed amount, if any, payable in the prescribed manner and form.

[Para. (b) substituted by s. 2 (c) of Act No. 1 of 2016.]

(1A) A party must submit the documents referred to in subsection (1)—

(a) by hand to the office of the Commission’s local representatives; or

(b) electronically to the chief electoral officer in the prescribed manner.

[Sub-s. (1A) inserted by s. 2 (d) of Act No. 1 of 2016.]

(2) . . . . . . [Sub-s. (2) deleted by s. 18 (b) of Act No. 4

of 2021 w.e.f. 27 August, 2021.]

(3) The Commission may, in the prescribed form and manner, request the following information from a party:

(a) A prescribed acceptance of nomination signed by each party candidate; and

(b) a copy of the identity card or that page of the candidate’s identity document on which the candidate’s photo, name and identity number appear.

[Para. (b) substituted by s. 2 (b) of Act No. 14 of 2010 and by s. 18 (c) of Act No. 4 of 2021

w.e.f. 27 August, 2021.]

(4) . . . . . . [Sub-s. (4) substituted by s. 2 (c) of Act No. 14

of 2010, amended by s. 2 (e) of Act No. 1 of 2016 and deleted by s. 18 (d) of Act No. 4 of 2021

w.e.f. 27 August, 2021.]

Local Government: Municipal Electoral Act ss. 14 – 14A

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(4A) If a candidate appears on more than one party list for an election— (a) the chief electoral officer must, in writing,

notify the candidate and all the parties on whose party lists such a candidate appears by no later than the relevant date and time stated in the election timetable; and

(b) each of the parties to whom notice has been given in terms of paragraph (a) may, by no later than the relevant date and time stated in the election timetable, substitute such a can-didate and re-order the names on its party list as a result of that substitution.

[Sub-s. (4A) inserted by s. 2 (f) of Act No. 1 of 2016.]

(5) The Commission must remove from a party list the name of a candidate— (a) in respect of whom any outstanding document

has not been submitted by the date and time referred to in subsection (4); and

(b) who is not registered as a voter on that munic-ipality’s segment of the voters’ roll. [Sub-s. (5) substituted by s. 2 (d) of

Act No. 14 of 2010.] (6) The Commission must notify the party of the

removal of the name of the candidate contemplated in subsection (5).

[Sub-s. (6) added by s. 2 (e) of Act No. 14 of 2010.]

14A. Central payments of deposits.—(1) A party con-testing elections under section 14 in more than one munici-pality on the same day may also pay the required deposits to the Commission at the Commission’s national office at the prescribed address.

ss. 14A – 16 Local Government: Municipal Electoral Act

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(2) Payments must be made before the cut-off time for the submission of party lists and the party must submit to the Commission, before such cut-off time, a notice in the prescribed form specifying the details of each municipality to which the deposits apply.

[S. 14A inserted by s. 3 of Act No. 14 of 2010. Sub-s. (2) substituted by s. 3 of Act No. 1

of 2016.]

15. List of parties contesting election by way of party lists and certification of party lists.—(1) By not later than a date stated in the timetable for an election the Commission must— (a) compile a list of the parties contesting the

election in terms of section 13 (1) (a) or (c); (b) certify the party lists for that election; and (c)

keep those lists available at the office of the Commission’s local representative.

(2) At the request of a person and upon payment of a prescribed amount, the Commission must furnish that person with a certified copy of a list mentioned in subsec-tion (1).

(3) By not later than a date stated in the election time-table, the Commission must issue to each person whose name appears on a party list of a party contesting the elec-tion, a prescribed certificate.

Part 3: Ward candidates

16. Nomination of ward candidates.—(1) A person may be nominated to contest an election in a ward by— (a) a registered party; or (b) a person who is— (i) ordinarily resident in the municipality in

which that ward falls; and


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(ii) registered as a voter on that municipali-ty’s segment of the voters’ roll.

(2) Provided the other provisions of this Act are com-plied with, a person nominated in terms of— (a) subsection (1) (a) stands in the ward as a

ward candidate representing the nominating party; and

(b) subsection (1) (b) stands in the ward as an independent ward candidate.

17. Requirements for ward candidates to contest election.— (1) A person may contest an election as a ward candidate only if that person is nominated on a prescribed form and that form is submitted to the Commission by not later than a date stated in the timetable for the election.


(1A) The prescribed nomination form must be submit-ted— (a) by hand to the office of the Commission’s

local representatives; or (b) electronically to the chief electoral officer in

the prescribed manner. [Sub-s. (1A) inserted by s. 4 (b) of

Act No. 1 of 2016.] (2) The following must be attached to a nomination

when it is submitted: (a) In the case of an independent ward candidate,

a prescribed form with the signatures of at least 50 voters whose names appear on the municipality’s segment of the voters’ roll for any voting district in the contested ward;

(b) . . . . . . [Para. (b) deleted by s. 19 (a) of Act No. 4 of 2021

w.e.f. 27 August, 2021.]


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(c) . . . . . . [Para. (c) deleted by s. 19 (a) of Act No. 4 of 2021

w.e.f. 27 August, 2021.] (d) a deposit equal to a prescribed amount, if any,

payable in the prescribed form and manner; [Para. (d) substituted by s. 19 (b) of Act No. 4

of 2021 w.e.f. 27 August, 2021.] (e) a prescribed undertaking, signed by the can-

didate, to be bound by the Code; [Para. (e) amended by s. 4 (c) of

Act No. 1 of 2016.] (f) a prescribed declaration, signed by the candi-

date, that he or she is not disqualified from standing for election in terms of the Constitu-tion or any applicable legislation; and

[Para. (f) amended by s. 4 (c) of Act No. 1 of 2016.]

(g) in the case of an independent ward candidate, a recent photograph of the candidate in such form as may be prescribed. [Sub-s. (2) substituted by s. 4 (a) of

Act No. 14 of 2010. Para. (g) added by s. 4 (c) of Act No. 1 of 2016.]

(2A) The Commission may in the form and manner as may be prescribed request from the Party or person— (a) an acceptance of nomination signed by the

candidate; and (b) a copy of the identity card or that page of the

candidate’s identity document on which the candidate’s photo, name and identity number appear.

[Sub-s. (2A) inserted by s. 4 (b) of Act No. 14 of 2010 and substituted by s. 19 (c) of Act No. 4

of 2021 w.e.f. 27 August, 2021.]

Local Government: Municipal Electoral Act ss. 17 – 17A

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(2B) If a ward candidate has been nominated by more than one party or person for an election— (a) the chief electoral officer must, in writing,

notify the candidate and such parties or per-sons who have nominated such a candidate by no later than the relevant date and time stated in the election timetable; and

(b) each of the parties or persons to whom notice has been given in terms of paragraph (a) may, by no later than the relevant date and time stated in the election timetable, substitute such a candidate.

[Sub-s. (2B) inserted by s. 4 (d) of Act No. 1 of 2016.]

(Editorial Note: Please note s. 4 (d) of Act No. 1 of 2016 instructs that sub-s. (2B) is to be inserted after sub-s. (2). It is suggested that the new sub-s. (2B) is to be inserted after

sub-s. (2A) and has been inserted accordingly.) (3) The Commission must accept a nomination submit-

ted to it and allow the nominated person to stand as a candidate in the ward if— (a) the provisions of section 16 and this section

have been complied with; and (b) the candidate is registered as a voter on that

municipality’s segment of the voters’ roll. [Sub-s. (3) substituted by s. 4 (c) of

Act No. 14 of 2010.]

17A. Central Payments of Deposits.—(1) A party con-testing elections under section 14 in more than one munici-pality on the same day may also pay the required deposits to the Commission at the Commission’s national office at the prescribed address.

ss. 17A – 19 Local Government: Municipal Electoral Act

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(2) Payments must be made by bank guaranteed cheque before the cut-off time for the submission of party lists and every cheque must be accompanied by a notice in the prescribed form specifying the details of each municipal-ity to which the deposits apply.

[S. 17A inserted by s. 4 of Act No. 14 of 2010.]

18. List of ward candidates to contest ward elec-tion.—(1) By not later than a date stated in the timetable for an election, the Commission must— (a) compile for each ward to be contested in the

election a list of the candidates contesting that ward;

(b) certify those lists for that election; (c) keep copies of those lists available at the

office of the Commission’s local representa-tive; and

(d) issue to each such candidate a prescribed certificate.

(2) At the request of a person and upon payment of a prescribed amount, the Commission must furnish such person with a certified copy of a list mentioned in subsec-tion (1) (a).

Part 4: Voting stations

19. Establishment of voting stations.—(1) Subject to subsection (3), the Commission must establish for an elec-tion a voting station, or a voting station and a mobile voting station, or only a mobile voting station, in each voting dis-trict in which the election will be held.

(2) The Commission may establish a mobile voting station, or a mobile voting station in addition to a voting station, only if— (a) the voting district is a large and sparsely

populated area; and


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(b) the Commission considers it necessary to assist voters who would otherwise have to travel long distances to reach the voting station.

(3) When determining the location of a voting station, the Commission may take into account— (a) any facts that could affect the free, fair and

orderly conduct of the election; (b) population density; and (c) the need to avoid congestion at the voting

stations. (4) Before determining the location of a voting station,

the Commission may consult with parties and candidates contesting the election.

(5) By not later than a date stated in the timetable for the election, the Commission must give notice that copies of a list of voting stations and their addresses will be available for inspection at the office of the Commission’s local repre-sentative in the municipality where the election is to be held.

(6) Upon application of a person at the office of the Commission’s local representative and upon payment of the prescribed amount, the Commission must furnish such a person with a certified copy of the list.

20. Relocation of voting stations.—(1) The Commis-sion may relocate a voting station if the Commission con-siders it necessary to ensure a free and fair election.

(2) The Commission must make such relocation known in a manner that ensures sufficient publicity among voters in the voting district concerned.

21. Boundaries of voting stations.—(1) The presiding officer of a voting station must, before the voting station opens for voting on voting day, and after consultation with


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party agents and members of the security services who are available at that voting station at that stage, determine the boundary of the voting station.

(2) The presiding officer must demarcate the boundary of the voting station by displaying visible signs, markers or tape along the whole line of the boundary, or at sufficient points along that line, to ensure that the boundary is clearly identified by any person present at that voting station.

(3) The presiding officer may, after consultation with the party agents and members of the security services who are present, at any time re-determine and re-demarcate the boundary of a voting station if it is necessary to do so in order to ensure proper control and security at that voting station.

[Sub-s. (3) added by s. 5 of Act No. 14 of 2010.]

22. Mobile voting stations.—(1) If the Commission decides to use a mobile voting station in a voting district in addition to, or instead of, the voting station established for that voting district, it must, by not later than a date stated in the election timetable, give notice of the route, including the locations and estimated times of stopping, of the mobile voting station.

(2) The notice must be made known in a manner that ensures sufficient publicity of the information referred to in subsection (1) among voters in the voting district con-cerned.

Part 5: Voting materials

23. Ballot papers.—The Commission must determine the design of the ballot paper or ballot papers to be used in an election.


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24. Ballot boxes.—(1) The Commission must deter-mine the design and material of ballot boxes to be used in an election.

(2) Each ballot box must be designed in such a way that it can be securely closed.

(3) The Commission must determine the manner in which ballot boxes are to be— (a) numbered and labelled; and (b) closed, secured, opened, sealed and unsealed.

25. Voting compartments.—(1) The Commission must determine the design and material of voting compartments to be used in an election.

(2) A voting compartment must be designed in such a way as to adequately screen a voter from observation by other persons while marking a ballot paper.

26. Voting materials.—(1) Before a voting station opens for voting, the Commission must supply the presiding officer responsible for that voting station with all the voting materials necessary for the election at that voting station, including— (a) ballot papers; (b) ballot boxes; (c) voting compartments; (d) the certified segment of the voters’ roll for the

voting district; and (e) a receipt to be signed by the presiding officer

detailing the voting materials entrusted to the presiding officer.

(2) A presiding officer is responsible for the safe-keeping of all the voting materials supplied to that officer.


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Part 6: Officers, additional persons, institutions and agents

27. Appointment of presiding officers.—As soon as practicable after an election has been called, the Commis-sion must appoint a presiding officer and a deputy presiding officer for each voting station at which the election is to be conducted.

28. Powers and duties of presiding officers.—(1) The presiding officer—

(a) must manage, co-ordinate and supervise the voting at the voting station concerned;

(b) must take all reasonable steps to ensure orderly conduct at that voting station;

(c) may order a member of the security services to assist in ensuring orderly conduct at the voting station;

(d) may exclude from the area within the boundary of a voting station any person other than—

(i) a member, employee or officer of the Commission, or the chief electoral officer;

(ii) an agent who is entitled to be present at a voting station;

(iii) a ward candidate;

(iv) the number of party candidates referred to in subsection (2) as the presiding officer may allow;

(v) a person appointed by an accredited observer;

(vi) a voter present for the purpose of cast-ing a vote; and


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(vii) any other person or category of persons authorised by the Commission to be present at the voting station; and

(e) may exercise the other powers and must perform the other duties conferred on or assigned to a presiding officer by or under this Act;

(2) The number of party candidates to be allowed in a voting station is that which the presiding officer can com-fortably accommodate within the voting station at any spe-cific time having due regard to the demands of a free and fair election.

(3) (a) Despite subsection (1) (d), the presiding officer may order any person mentioned in subsection (1) (d) (ii) to (v) to leave the area within the boundary of the voting sta-tion if that person’s conduct is not conducive to a free and fair election at that voting station.

(b) On request by a person ordered under para-graph (a) to leave the area of a voting station, the presiding officer must give that person the reasons for the order.

(4) If a person refuses to comply with an order under subsection (3) (a), the presiding officer may order a mem-ber of the security services to forcibly remove that person.

(5) The deputy presiding officer of a voting station must act as presiding officer whenever—

(a) the presiding officer is absent from duty, or for any reason is temporarily unable to exercise the powers and perform the duties of the pre-siding officer; or

(b) the office of presiding officer for that voting station is vacant.


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29. Appointment of voting officers.—As soon as prac-ticable after an election has been called, the Commission must appoint for each voting station as many voting officers as are necessary.

30. Powers and duties of voting officers.—A voting officer—

(a) must assist the presiding officer in the exer-cise of the presiding officer’s powers and the performance of the presiding officer’s duties; and

(b) may exercise the powers and must perform the duties conferred on or assigned to a voting officer by or under this Act.

31. Appointment of counting officers.—(1) As soon as practicable after an election has been called, the Com-mission must appoint a counting officer and a deputy count-ing officer for each voting station or venue at which the counting of votes is to be conducted.

(2) The Commission may appoint the presiding officer, deputy presiding officer or a voting officer for a voting station as the counting officer or deputy counting officer for that voting station or other venue.

32. Powers and duties of counting officers.—(1) The counting officer must manage, co-ordinate and supervise the counting of the votes cast at the voting station con-cerned.

(2) Section 28 (1) (b) to (e), (2), (3) and (4), adjusted as contextually may be necessary, applies in respect of a counting officer.


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(3) The deputy counting officer for a voting station or other venue must act as the counting officer whenever— (a) the counting officer is absent from duty, or for

any reason is temporarily unable to exercise the powers and perform the duties of the counting officer; or

(b) the office of counting officer for that voting station or venue is vacant.

33. Appointment of counters.—(1) As soon as prac-ticable after an election has been called, the Commission must appoint as many persons as counters as may be necessary for each voting station or venue at which the counting of votes is to be conducted.

(2) The Commission may appoint the deputy presiding officer or a voting officer for a voting station as a counter at that voting station or at a venue.

34. Powers and duties of counters.—A counter— (a) must assist a counting officer in the counting

of votes; and (b) may exercise the powers and must perform

the duties conferred on or assigned to a coun-ter by or under this Act.

35. Appointment of additional persons.—(1) The Commission may appoint as many additional persons as may be necessary to enable the Commission to exercise its powers and perform its duties effectively.

(2) A person appointed in terms of subsection (1) may be— (a) a natural person; or (b) an institution, including a juristic person or an

organ of State.


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36. Powers and duties of additional persons.—A person appointed in terms of section 35 may exercise any power and must perform any duty conferred on or assigned to such a person by or under this Act.

37. General provisions concerning appointment of officers.—(1) A person may not be appointed as an officer in an election, or remain in that office, if that person— (a) is a party or ward candidate contesting the

election; (b) is an agent in the election; or (c) holds political or executive office in a party.

(2) (a) An officer exercises the powers and performs the duties conferred on or assigned to that officer subject to the directions, control and disciplinary authority of the chief electoral officer.

(b) The chief electoral officer must determine in writing the terms and conditions of appointment of an officer, including remuneration payable to that officer, if any.

(3) The delegation or assignment of a power or duty to an officer does not prevent the Commission or the chief electoral officer from exercising that power or performing that duty.

(4) A person may be appointed as an officer only if that person has signed a prescribed declaration of secrecy.

(5) Officers must be impartial and exercise their pow-ers and perform their duties independently and without fear, favour or prejudice.

(6) An officer may not, whether directly or indirectly, in any manner give support to, or oppose, any party or candidate contesting an election, or any of the issues in contention between parties or candidates.


37

(7) An officer may not place in jeopardy that officer’s independence, or harm the credibility, impartiality, inde-pendence or integrity of the Commission, by any member-ship, association, statement or conduct.

(8) An officer may be removed from office by the chief electoral officer on account of— (a) misconduct, incompetence or incapacity; (b) absence from duty without leave of the chief

electoral officer; (c) bias; (d) a contravention of this section; (e) a contravention of the declaration of secrecy;

or (f) any other consideration related to free and fair

elections. (9) An officer may resign from office by giving one cal-

endar month’s notice in writing to the chief electoral officer. (10) The Commission may appoint, in accordance with

this Part, a person to fill a vacancy caused by the death or the removal or resignation from office of an officer.

38. General provisions concerning appointment of institutions.—(1) In this section, unless the context other-wise indicates, “institution” means an institution appointed by the Commission.

(2) (a) An institution and its employees— (i) exercise the powers and perform the duties

delegated or assigned to the institution; and (ii) must perform those functions of office subject

to the directions, control and disciplinary authority of the chief electoral officer.


38

(b) The chief electoral officer must determine in writing the terms and conditions of appointment of an institution, including— (i) the services, facilities and employees to be

made available to the Commission by that institution;

(ii) the powers and duties delegated or assigned to that institution; and

(iii) the remuneration payable to that institution. (3) The delegation of a power or assignment of a duty

to an institution does not prevent the Commission or the chief electoral officer from exercising that power or perform-ing that duty.

(4) An institution must ensure that an employee of an institution which exercises a power or performs a duty in terms of this Act is not— (a) a party or ward candidate contesting the

election; (b) an agent in the election; or (c) holding a political or executive office in a

registered party. (5) An institution may not be appointed unless that

institution, and each of its employees who will exercise powers and perform duties in terms of this Act, have signed the prescribed undertaking, which must include an under-taking to be bound by a declaration of secrecy.

(6) Every institution must ensure that it and its employees exercise their powers and perform their duties impartially and independently and without fear, favour or prejudice.

(7) An institution, and each of its employees who exer-cises powers and performs duties in terms of this Act, may


39

not, whether directly or indirectly, in any manner give sup-port to, or oppose, any party or candidate contesting the election, or any of the issues in contention between parties or candidates.

(8) An institution, and each of its employees who exer-cises powers and performs duties in terms of this Act, may not place in jeopardy their independence, or harm the credibility, impartiality, independence or integrity of the Commission, by any membership, association, statement or conduct.

(9) The chief electoral officer may revoke the appoint-ment of an institution on account of that institution’s— (a) incapacity or incompetence; (b) bias; or (c) failure to adequately discipline and control its

employees exercising a power or performing a duty in terms of this Act.

(10) An institution must immediately terminate an employee’s exercise of any power or performance of any duty in terms of this Act on account of that employee’s— (a) misconduct, incompetence or incapacity; (b) absence from duty without leave of the chief

electoral officer; (c) bias; (d) contravention of this section; (e) contravention of the declaration of secrecy; or (f) conduct which is in any other way not condu-

cive to free and fair elections. (11) An institution may terminate its appointment by

giving two calendar months’ notice in writing to the chief electoral officer.


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39. Appointment of agents.—(1) A party contesting an election may appoint a number of agents for the election equal to— (a) two or more agents per voting station as may

be indicated by the Commission, if voting at the voting station takes place in more than one room or separately enclosed area; and

[Para. (a) substituted by s. 6 (a) of Act No. 14 of 2010.]

(b) four agents per venue where the counting procedure is performed at a venue other than the voting station.

(2) An independent ward candidate may appoint a number of agents for the election equal to— (a) one or more agents per voting station in the

ward, if voting at the voting station takes place in more than one room or separately enclosed area; and

[Para. (a) substituted by s. 6 (b) of Act No. 14 of 2010.]

(b) two agents per venue where the counting procedure is performed at a venue other than the voting station.

(3) An agent— (a) must be a South African citizen; and (b) may not be a party or ward candidate in the

election. (4) A party or independent ward candidate—

(a) appoints a person as an agent by— (i) issuing to that person the prescribed

written proof of appointment; and


41

(ii) giving notice of the appointment to the presiding officer or counting officer in the prescribed manner; and

(b) revokes the appointment of an agent by— (i) serving on that person the prescribed

revocation of appointment; and (ii) giving notice of the revocation of the

appointment to the presiding officer or counting officer in the prescribed manner.

40. Powers and duties of agents and candidates within voting station.—(1) An agent and a party or ward candidate must wear a prescribed identification tag at a voting station or counting venue.

(2) No party, agent or candidate may within the boundary of a voting station— (a) display or distribute any billboard, poster,

placard or pamphlet; (b) wear, carry or display any clothing, headwear,

footwear or other apparel in such a manner that any writing, picture or sign thereon relat-ing to any party or candidate, other than the prescribed identification tag, is visible;

(c) attempt to induce, influence or persuade a person to vote for or not to vote for a particu-lar party or candidate; or

(d) attempt to induce, influence or persuade a person not to vote.

(3) An agent or candidate may— (a) observe proceedings concerning voting,

counting and the determination and declar-ation of results;

(b) not interfere with the proceedings;


42

(c) lodge objections with or bring any alleged irregularities to the attention of the presiding officer or counting officer.

(4) The absence of an agent or candidate from a place where any such proceedings are being conducted does not invalidate those proceedings.

(5) Whilst present at any voting station, or other venue where the proceedings referred to in subsection (3) take place, an agent or candidate must comply with any order issued by an officer or a member of the security services acting on the instructions of an officer.

CHAPTER 4 OBSERVERS AND VOTER EDUCATION PROVIDERS

41. Accreditation of observers.—(1) Any organisation may apply to the Commission in accordance with the pre-scribed procedure to observe an election.

(2) The Commission may require further information in support of an application.

(3) The Commission may accredit an applicant to observe an election after considering the application, any further information provided by the applicant, and whether— (a) the accreditation of the applicant will promote

conditions conducive to a free and fair elec-tion; and

(b) the persons appointed by the applicant will— (i) observe that election impartially and

independently of any party or candidate contesting that election;

(ii) be competent and professional in observ-ing that election; and


43

(iii) subscribe to the Code of Conduct for Accredited Observers governing accred-ited observers.

(4) The Commission may decide— (a) to accredit the applicant, in which case, the

Commission must— (i) enter the applicant’s name in the register

of accredited observers; (ii) issue a certificate of accreditation to the

applicant stating the period and other conditions of accreditation; and

(iii) send the certificate to the applicant; or (b) not to accredit the applicant, in which case the

Commission must advise the unsuccessful applicant in writing of its decision.

(5) If an accredited observer fails to comply to a ma-terial extent with the conditions of the accreditation, the Commission may cancel that accreditation.

(6) Any person may inspect the register and copies of the certificates of accredited observers kept at the Commis-sion’s head office.

(7) The chief electoral officer must provide a certified copy of, or extract from, that register or a certificate to any person who has paid the prescribed amount.

42. Powers and duties of accredited observers.—(1) A person appointed by an accredited observer may, in relation to the election for which that observer is accredited, observe the election and be present at any proceedings concerning voting, the counting of votes, and the determina-tion and declaration of the election results.

(2) Whilst observing an election, a person appointed by an accredited observer must wear a prescribed identifi-cation tag.


44

(3) A person appointed by an accredited observer must comply with any order of an officer or a member of the security services acting on the instructions of an officer.

43. Accreditation of persons providing voter educa-tion.—(1) Any natural or juristic person may apply to the Commission in the prescribed manner to provide voter education.

(2) The Commission may require further information in support of an application.

(3) The Commission may accredit an applicant to pro-vide voter education after considering the application, any further information provided by the applicant, and whether— (a) the services provided by the applicant meet

the Commission’s standards; (b) the applicant is able to conduct its activities

effectively; (c) the applicant or the persons appointed by the

applicant to provide voter education will— (i) do so in a manner that is impartial and

independent of any party or candidate that is or may be contesting elections;

(ii) be competent to do so; and (iii) subscribe to the Code of Conduct for

Accredited Voter Education Providers governing persons accredited to provide voter education; and

(d) the accreditation of the applicant will promote voter education and conditions conducive to free and fair elections.

(4) Section 38 (4), (6) and (7), adjusted as contextually may be necessary, applies to the accreditation of persons providing voter education.


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CHAPTER 5 VOTING

44. Officers at voting stations.—On voting day, each voting station must be staffed by— (a) the presiding officer and deputy presiding

officer appointed for that voting station; and (b) the voting officers appointed for that voting

station.

45. Hours of voting.—(1) Unless the Commission determines other voting hours for an election in general or for a particular voting station, a voting station must— (a) open for voting at 07:00; and (b) remain open for voting until 21:00.

(2) If the Commission determines other voting hours for an election in general or for a particular voting station, it must make the voting hours known in a way that ensures sufficient publicity of those hours.

(3) No person may be admitted to a voting station for the purpose of voting after the voting station has closed for voting.

(4) Voting at a voting station must continue until every voter has voted who— (a) is entitled to vote at that voting station; and (b) had reported for voting at that voting station

before the closing time. (5) To ensure a free and fair election, the Commission

may, on the voting day— (a) temporarily close a voting station for part of the

day if it is temporarily impossible to conduct a free and fair election at that voting station; or

(b) extend voting hours at a voting station until as late as midnight on that day.


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46. Initial procedures.—(1) Immediately before open-ing a voting station for voting, the presiding officer must show all agents and candidates present that each ballot box to be used at that voting station is empty.

(2) Immediately after all agents and candidates pre-sent at the voting station have assured themselves that a ballot box is empty, the presiding officer must seal that box by means of a seal designed and supplied to the presiding officer for that purpose.

(3) The closing and securing of a ballot box must be done by closing all openings, except for the opening through which the ballot papers must be deposited into the ballot box, and securing the openings tightly enough by means of a seal supplied to the presiding officer for that purpose, so that ballot papers cannot be inserted into or removed from the ballot box through those openings.

47. Voting procedure.—(1) A voter may vote—

(a) in an election only at the voting station in the voting district in which that voter is registered; and

(b) only once in the election, but, when voting, may cast a vote in each ballot conducted at that voting station.

(2) A voter may vote at a voting station—

(a) on production of that voter’s identity document to the presiding officer or a voting officer at the voting station; and

(b) if that voter’s name is on the certified segment of the voters’ roll for the voting district for which that voting station is established.


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(3) When a voter produces an identity document to a presiding officer or voting officer, that officer must examine the identity document and determine whether— (a) the voter is the person described in that identi-

ty document; (b) the voter’s name appears on the certified

segment of the voters’ roll for the voting dis-trict concerned; and

(c) that voter has not already voted in the elec-tion.

(4) For the purposes of subsection (3) (a), the presid-ing officer or voting officer may require that the voter’s fingerprints be taken.

(5) If the presiding officer or voting officer is satisfied in respect of all the matters mentioned in subsection (3), that officer must— (a) record that the voter is regarded to have voted

in the election; (b) mark the hand of the voter as described in

section 50; (c) mark the back of the ballot paper or papers to

which the voter is entitled with the official stamp for the election; and

(d) hand the ballot paper or papers to the voter. (6) Once the voter has received a ballot paper or papers

marked in terms of subsection (5) (c), the voter must— (a) enter an empty voting compartment; (b) mark the ballot paper or papers in secrecy in

a way that indicates the party or candidate the voter wishes to vote for;

(c) fold the ballot paper or papers to conceal the voter’s vote;


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(d) take the ballot paper or papers to a ballot box and show it to the presiding officer or a voting officer in a way that that officer can see the official stamp affixed in terms of subsec-tion (5) (c);

(e) place the ballot paper or papers in the ballot box; and

(f) without delay leave the voting station. (7) The Commission may prescribe a different voting

procedure, which must accord with the provisions of this section, for those voters whose names appear on the vot-ers’ roll, without addresses: Provided that if such voter’s place of ordinary residence is located outside the relevant— (a) ward on whose segment of the voters’ roll that

voter’s name appears, the voter concerned may not vote in the ward election contemplat-ed in section 22 (1) (b) of the Local Govern-ment: Municipal Structures Act, 1998 (Act No. 117 of 1998);

(b) local or metropolitan municipality on whose segment of the voters’ roll that voter’s name appears, the voter concerned may not vote in the election contemplated in section 22 (1) (a) or the ward election contemplated in section 22 (1) (b) of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);

(c) district municipality on whose segment of the voters’ roll that voter’s name appears, the voter concerned may not vote in the election for members of the district council contemplated in section 23 (1) (a) of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998).

[Sub-s. (7) substituted by s. 20 of Act No. 4 of 2021 w.e.f. 27 August, 2021.]


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48. Assistance to certain voters.—(1) A person, other than the presiding officer or a voting officer, may assist a voter in voting, but only if— (a) the voter requires assistance due to physical

disability, including blindness or other visual impairment;

[Para. (a) substituted by s. 7 (a) of Act No. 14 of 2010.]

(b) the voter has requested to be assisted by that person; and

(c) the presiding officer is satisfied that the per-son rendering assistance is—

(i) at least 18 years old; and (ii) not an agent or a candidate.

(2) The presiding officer or a voting officer, at the request of a voter referred to in subsection (1) or a voter who is unable to read, must assist that voter in voting and provide such assistance in the presence of— (a) a person appointed by an accredited observ-

er, if available; and (b) two agents appointed by different parties or

candidates, if available. [Sub-s. (2) amended by s. 7 (b) of

Act No. 14 of 2010.]

(3) In applying this section, the secrecy of voting con-templated in section 47 (6) (b) must be preserved as far as possible.

49. Issue of new ballot papers.—(1) If a voter— (a) marks a ballot paper in a way that does not

indicate for whom the voter wishes to vote; or


50

(b) after having marked the ballot paper, changes his or her mind as to how he or she wishes to vote,

and the ballot paper has not yet been placed in the ballot box, the voter may return that ballot paper to the presiding officer or a voting officer.


(2) Upon receiving the ballot paper from a voter, the presiding officer or voting officer must mark “cancelled” on the back of the ballot paper and file it separately.

(3) The presiding officer or voting officer must then hand the voter a new ballot paper.

(4) The Commission must prescribe the number of times a new ballot paper may be issued in terms of subsec-tion (3), with due regard to section 19 of the Constitution.

[Sub-s. (4) added by s. 5 (b) of Act No. 1 of 2016.]

50. Marking of hand.—(1) The hand of a voter must be marked by drawing a short line on the voter’s left thumb and left thumb nail with visible indelible ink.

(2) If the voter does not have a left thumb or thumb nail or if it is impractical due to injury, disease or any other cause to mark the left thumb and left thumb nail, any one of the left hand fingers and nails must be so marked and, if for similar reasons a left hand finger and nail cannot be marked, a finger and nail of the right hand must be so marked.

(3) If for any of the reasons referred to in subsection (3), no finger and nail of a voter can be marked, the presid-ing officer must record the voter’s name, address, identity number and the reasons why the voter’s hand could not be marked, on a list kept for that purpose.


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51. Objections concerning voting.—(1) Subject to subsection (1A), at any time before a voter has been handed a ballot paper, an agent or ward candidate may object to that voter being allowed to vote or to vote at the voting station concerned.


(1A) Where a voter’s name appears on the relevant segment of the voters’ roll concerned, an objection to that voter in terms of subsection (1) may only be made where—

(a) it is based on the contention that the voter was included on the relevant segment of the voters’ roll due to fraud; or

(b) exceptional circumstances exist which justify the objection being made outside the period referred to in terms of section 11 (3). [Sub-s. (1A) inserted by s. 20 (b) of

Act No. 1 of 2019.]

(2) An agent or ward candidate, or the voter con-cerned, may object if the voter is refused a ballot paper.

(3) An agent or ward candidate, or a voter, may object to any conduct, other than that mentioned in subsection (1), (1A) or (2), of an officer, an agent, or any other person present at a voting station.

[Sub-s. (3) substituted by s. 20 (c) of Act No. 1 of 2019.]

(4) An objection in terms of subsection (1), (1A), (2) or (3) must be made in writing on a prescribed form and handed to the presiding officer concerned.



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(5) The presiding officer must, except for an objection raised in terms of subsection (1A), summarily investigate the factual circumstances underlying the objection, and may for that purpose also direct verbal enquiries to anyone that may be able to assist.


(6) After having investigated the objection, other than an objection in terms of subsection (1A), the presiding officer must—

(a) decide the objection;

(b) record the decision on the written objection; and

(c) verbally inform the objector and any other parties involved in the objection of the decision.

[Sub-s. (6) amended by s. 20 (d) of Act No. 1 of 2019.]

(6A) Where an objection is raised in terms of subsec-tion (1A)—

(a) the presiding officer must, in the prescribed manner, allow the voter concerned to vote but deal with the vote as if it were a special vote in terms of section 55; and

(b) the matter must be decided by the Commis-sion as soon as it is reasonably practical before declaring the results.

[Sub-s. (6A) inserted by s. 20 (e) of Act No. 1 of 2019.]

(7) The presiding officer must keep a written record of each objection and decision taken in terms of this section.


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52. Sealing of ballot boxes.—(1) The presiding officer, in the presence of any agents and candidates present, must— (a) as soon as a ballot box is full, seal the ballot

box by closing the opening of the ballot box through which the ballot papers were put into the ballot box with a seal supplied by the Commission to the presiding officer for that purpose;

(b) after the last vote has been cast, similarly seal the last ballot box and any unused ballot boxes; and

(c) allow the agents present, if they so wish, to affix their seals thereto.

(2) A sealed ballot box must remain— (a) sealed until opened for the counting of votes;

and (b) in the voting station, within sight of anyone

present, until the counting of the votes com-mences or, if the votes are not to be counted at that voting station, until transported to the counting officer.

53. Completion of ballot paper statement and seal-ing of voting materials.—As soon as practicable after a voting station has been closed for voting, the presiding officer, in the presence of any agents and candidates pre-sent, must— (a) complete a ballot paper statement on a pre-

scribed form reflecting the number of— (i) ballot boxes entrusted to that presiding

officer; (ii) used ballot boxes; (iii) unused ballot boxes;


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(iv) ballot papers for each ballot entrusted to that presiding officer;

(v) issued ballot papers for each ballot; (vi) unissued ballot papers for each ballot;

and (vii) cancelled ballot papers in each ballot; (b) seal each unused ballot box entrusted to that

presiding officer; (c) seal in separate containers— (i) the certified segment of the voters’ roll

for the voting district; (ii) the unused ballot papers entrusted to

that presiding officer; (iii) the cancelled ballot papers; and (iv) the written record, as required by sec-

tion 51 (7), of any objections concerning voting; and

(d) allow the agents present, if they so wish, to affix their seals to the items mentioned in paragraphs (b) and (c).

54. Voting procedure for mobile voting stations.—(1) If the Commission decides to use only a mobile voting station for the election in any voting district, the voting procedures set out in this Chapter, adjusted as may contex-tually be necessary, must be applied.

(2) Voting at a mobile voting station at a particular location must continue at that location until every voter has voted who— (a) is entitled to vote in the voting district; and (b) had reported for voting at that location of the

mobile voting station before the stopping time at that location expired.


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(3) If a voting station and a mobile voting station are used in a voting district, the voting and counting procedures set out in this Chapter and Chapter 6 must be applied, adjusted as follows: (a) The mobile voting station must be managed

as if it is an integral part of the voting station; (b) the voting material necessary for the election

at the mobile voting station, including a certi-fied voters’ roll for the voting district con-cerned, must be supplied to the presiding officer of the voting station as an integral part of that voting station’s material and that presiding officer, in turn, must supply the presiding officer of the mobile voting station with the necessary voting material and obtain a receipt from that officer;

(c) the presiding officer of the mobile voting station must deliver to the counting officer of the voting station the items mentioned in sec-tion 53;

(d) the counting officer of the voting station must open all the ballot boxes used in the voting station and in the mobile voting station, mix the ballot papers from all the boxes and then proceed with the sorting of ballot papers, the counting of the votes and the determination of results of the count for the voting station.

55. Special votes.—Any voter who is unable, on voting day, to cast his or her vote at the voting station in the voting district where he or she is registered, may in the prescribed manner apply and be allowed, prior to voting day, to cast a special vote within that voting district.

[S. 55 substituted by s. 8 of Act No. 14 of 2010.]


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CHAPTER 6 COUNTING

56. Commencement of counting procedures.—(1) The counting officer must ensure that the procedures provided for in this Chapter commence as soon as practic-able after the voting station is closed for voting and continue uninterrupted until they are completed.

(2) The procedures provided for in this Chapter may be suspended only with the consent of the Commission and, if they are suspended, the counting officer must ensure the safe-keeping of all the voting materials entrusted to the counting officer until the counting of votes has been com-pleted.

57. Place and time of counting of votes.—(1) Votes must be counted at the voting station at which those votes were cast, except when— (a) the voting station is a mobile voting station; or (b) in the interest of ensuring a free and fair

election, the Commission determines that those votes be counted at another counting venue.

(2) If the votes are to be counted at the voting station at which those votes were cast and if the counting officer for that voting station is a person other than the presiding officer for that voting station, the presiding officer must deliver to the counting officer the items mentioned in section 53.

(3) If the votes are not to be counted at the voting station at which those votes were cast, the presiding officer must deliver the following items mentioned in section 53 to the counting officer of a counting venue determined by the Commission: (a) The ballot paper statement;


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(b) the sealed, used ballot boxes; (c) the sealed, unused ballot boxes; and (d) the sealed containers.

58. Verification procedure.—(1) After receipt of the items mentioned in section 57 (3), the counting officer must— (a) examine whether the seals are intact on those

items; and (b) allow any agents or ward candidates present

to examine whether the seals are intact. (2) After examining the seals, the counting officer must

open all the sealed ballot boxes and containers and verify the information on the form completed by the presiding officer in terms of section 53 (a) by comparing it with— (a) the number of used ballot boxes received; (b) the number of unused ballot boxes received; (c) the number of containers received; and (d) the contents of those boxes and containers.

(3) The counting officer must deal with any irregulari-ties and discrepancies found when complying with subsec-tion (2) in the following manner: (a) The counting officer must immediately call for

an explanation by the presiding officer who delivered the material;

(b) the counting officer and the presiding officer must together attempt to resolve the irregulari-ties and discrepancies;

(c) the agents and ward candidates present in the counting station must—

(i) be informed immediately about the irregularities and discrepancies;


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(ii) as far as possible be present at all discussions between the counting officer and the presiding officer; and

(iii) be invited to contribute to the discussion and the search for solutions;

(d) if any of the material appears to have been unlawfully tampered with or is missing, the counting officer must call in the assistance of a member of the security forces to investigate the matter and to assist in the search for any missing material.

(4) The counting officer must— (a) keep a written record of— (i) the nature of each irregularity and dis-

crepancy; (ii) the manner in which those irregularities

and discrepancies were dealt with; and (iii) the explanations offered by the presiding

officer and any of the agents or ward candidates; and

(b) submit a full report on the matters referred to in paragraph (a) to the chief electoral officer as soon as possible.

59. Objections and appeals concerning verifica-tion.—(1) At any time before the counting of votes com-mences, an agent or ward candidate may object to any alleged irregularity or inaccuracy in the verification proce-dure performed by the counting officer.

(2) The objection must be lodged with the counting officer in writing.

(3) Section 51 (5) to (7), adjusted as may contextually be necessary, applies to the objection.


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60. Counting of votes.—(1) The counting officer must open all the used sealed ballot boxes.

(2) The counting of votes must be conducted in accordance with a prescribed procedure.

61. Rejection of ballot papers.—(1) The counting officer must reject a ballot paper— (a) that indicates the identity of the voter; (b) on which a vote is cast for more than one

party or for more than one ward candidate; (c) that is unmarked; (d) that is marked in such a way that it is not

reasonably possible to determine the voter’s choice;

(e) that does not bear the official mark on the back of the ballot paper; or

(f) that is not an official ballot paper. (2) The counting officer must—

(a) mark “rejected” on the back of each rejected ballot paper; and

(b) file the rejected ballot papers in each ballot separately.

(3) If a counting officer’s acceptance or rejection of a ballot paper is disputed by an agent or ward candidate, the counting officer must— (a) mark “disputed” on the back of that ballot

paper; (b) cause to be counted, the accepted ballot

papers that are disputed; and (c) file the rejected ballot papers that are disputed

separately.


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62. Objections concerning sorting of ballot papers and counting of votes.—(1) An agent or ward candidate may object to an alleged irregularity in the sorting of ballot papers or inaccuracy in the counting of the votes.

(2) The objection must be made to the counting officer in writing at any stage before the counting officer has com-pleted the form mentioned in section 63 (1).

(3) The counting officer must summarily investigate the factual circumstances relating to the objection, and may for that purpose also direct verbal enquiries to any person that may be able to assist.

(4) The counting officer must— (a) decide the objection and the question whether

to order a recount; (b) record the decision on the written objection;

and (c) verbally inform the objector and any other

parties involved of the decision. (5) If the counting officer orders a recount, the count-

ing officer must determine and record the result of the count afresh.

(6) The counting officer must keep a written record in the prescribed manner of each objection and each decision in terms of this section.

63. Procedure concerning results and voting materi-als.—(1) The counting officer must complete a prescribed form reflecting the result of the count in respect of each ballot conducted at the voting station.

(2) Once the counting officer has complied with sub-section (1), the counting officer must— (a) forward the result in respect of each ballot

conducted at the voting station, to the Com-mission at the office of the Commission’s local representative for the municipality concerned;


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(b) seal in separate containers the ballot paper statement referred to in section 53 (a) and each of the items mentioned in section 53 (c) and the written record of any objections in terms of section 62 (6); and

(c) deliver the sealed containers to the Commis-sion at the office of the Commission’s local representative.

64. Determination and declaration of result of election.—(1) On receipt of all the results of the count in respect of all ballots conducted at the voting stations within the municipality or ward, as the case may be, the Commis-sion must—

(a) determine the result of the election in the municipality or ward, as the case may be;

(b) record the result on a prescribed form; and

(c) declare the result in public.

[Sub-s. (1) substituted by s. 6 of Act No. 1 of 2016.]

(2) If the Commission is unable to determine and declare the result of an election within the seven-day period required by section 5 of the Electoral Commission Act, the Commission may, within that period, apply to the Electoral Court for an extension of the period and must furnish the Electoral Court with good reason for doing so.

(3) Despite the provisions of any law, the Electoral Court may, on good cause shown, grant or refuse an appli-cation referred to in subsection (2).



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65. Objections material to result of election.—(1) An interested party may lodge with the Commission an objec-tion material to the result of an election, concerning— (a) any aspect of the voting or counting proceed-

ings provided for in Chapter 5 or Chapter 6, respectively; or

(b) alleged unlawful— (i) interference with or obstruction of elec-

tion activities or processes in the vicinity of, at or in a voting station; or

(ii) interference with or influencing, intimida-tion or obstruction of voters or prospec-tive voters in the vicinity of, at or in a vot-ing station.

(2) An objection must be lodged by serving by no later than 17:00 on the second day after voting day, at the Com-mission’s national office at the prescribed address, a written notice containing— (a) a reference to the election concerned and the

relevant section of the Act in terms of which the objection is brought;

(b) the full name and physical address of the objecting party;

(c) the postal address and telephone number where the objecting party can be contacted and, if available, the party’s facsimile number and e-mail address;

(d) the interest of the objecting party in the matter; (e) details of the objection and the aspect of the

election concerned; (f) detailed reasons for the objection; (g) the relief sought;


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(h) a list of supporting documents accompanying the notice of objection; and

(i) proof of service of copies of the notice and annexures on all other interested parties.

(3) The Commission may, on good cause shown, con-done a late objection.

(4) In considering and deciding the objection referred to in this section, the Commission may take any one or more, or all, of the following actions: (a) Investigate the factual basis of the objection

or cause it to be investigated; (b) afford other interested parties an opportunity

to make written or verbal submissions; (c) call for written or verbal submissions from

other persons or parties; (d) call upon the objecting party to submit further

information or arguments in writing or verbally; or

(e) conduct a hearing on the objection. (5) The Commission must consider the objection and

either reject or uphold it. (6) If the Commission decides to uphold the objection

before the result of the election had been determined, the Commission may— (a) decide that the votes cast at a particular

voting station do not count in whole or in part; (b) decide that the votes cast at a particular

voting station in favour of a party or candidate must be deducted in whole or in part from the votes cast in favour of that party or candidate in the election; or

(c) reduce the number of votes cast in favour of a party or a candidate.


64

(7) If the Commission decides to uphold the objection after the result of the election had been declared, the Commission may— (a) amend the result; or (b) if it is of the opinion that the seriousness and

extent of unlawful conduct or irregularities that occurred may justify the setting aside of the election, refer the objection to the Electoral Court for its decision.

(8) The Commission must immediately notify the objecting party and any other interested parties involved in the objection of its decision in terms of subsection (5).

(9) An objecting party or other party involved in the objection who feels aggrieved by the decision of the Com-mission may, within seven days of the Commission’s deci-sion, lodge an appeal to the Electoral Court in terms of section 20 of the Electoral Commission Act and the Rules of the Electoral Court.

(10) The Electoral Court must— (a) consider an appeal contemplated in subsec-

tion (9) and either— (i) reject the appeal; (ii) amend the decision of the Commission; (iii) set aside the election; or (iv) make an appropriate order; and (b) notify the parties to the appeal of its decision.

(11) The Electoral Court— (a) may, after having considered an objection

referred to it by the Commission in terms of subsection (7) (b), either—

(i) reject the objection; (ii) amend the result of the election;


65

(iii) set aside the election; or (iv) make an appropriate order; and (b) must notify the objecting party of its decision.

(12) The declared result of an election is not suspended by an appeal in terms of subsection (9) or a referral to the Electoral Court in terms of subsection (7) (b).



Part 1: Prohibited conduct

66. Contravention of Code.—No person or party bound by the Code may contravene or fail to comply with a provision of the Code.

67. Undue influence.—(1) No person may— (a) compel or unlawfully persuade any person— (i) to register or not to register as a voter; (ii) to vote or not to vote; (iii) to vote or not to vote for any party or

candidate; (iv) to support or not to support any party or

candidate; or (v) to attend and participate in, or not to

attend and participate in, any political meeting, march, demonstration or other political event;

(b) interfere with the independence or impartiality of the Commission, any member, employee or officer of the Commission, or the chief elec-toral officer;


66

(c) prejudice any person because of any past, present or anticipated performance of a func-tion in terms of this Act;

(d) advantage, or promise to advantage, a person in exchange for that person not performing a function in terms of this Act;

(e) prevent any of the following persons from gaining reasonable access to voters, whether in a public or private place:

(i) any representative of a party or of a candidate;

(ii) any candidate in an election; (iii) any member, employee or officer of the

Commission; (iv) the chief electoral officer; (v) any person appointed by an accredited

observer; or (vi) any person accredited to provide voter

education; [Sub-para. (vi) amended by s. 21 (a) of

Act No. 1 of 2019.]

(f) unlawfully prevent the holding of any political meeting, march, demonstration or other politi-cal event;

[Para. (f) amended by s. 21 (b) of Act No. 1 of 2019.]

(g) use public funds, except for the funds allocated to a party in terms of section 5 of the Public Funding of Represented Political Parties Act, 1997 (Act No. 103 of 1997), for the purpose of a political campaign.

[Para. (g) added by s. 21 (c) of Act No. 1 of 2019.]


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(2) Subject to this Act, no person may prevent anyone from exercising a right conferred by this Act.

(3) No person, knowing that another person is not enti-tled to be registered as a voter, may— (a) persuade that other person that that other

person is entitled to be registered as a voter; or

(b) represent to anyone else that that other per-son is entitled to be registered as a voter.

(4) No person, knowing that another person is not enti-tled to vote, may— (a) assist, compel or persuade that other person

to vote; or (b) represent to anyone else that that other per-

son is entitled to vote.

68. Impersonation.—No person— (a) may apply for a ballot paper at a voting station

in the name of another person, whether living, dead or fictitious;

(b) who is not entitled to vote in an election or at a voting station, may vote in that election or at that voting station;

(c) may cast more votes than that person is entitled to; or

(d) may impersonate— (i) any representative of a party or of a

candidate; (ii) any candidate; (iii) any member, employee or officer of the

Commission; (iv) the chief electoral officer;


68

(v) any person appointed by an accredited observer; or

(vi) any person accredited to provide voter education.

69. Intentional false statements.—(1) No person, when required in terms of this Act to make a statement, may make the statement— (a) knowing that it is false; or (b) without believing on reasonable grounds that

the statement is true. (2) No person may publish any false information with

the intention of— (a) disrupting or preventing an election; (b) creating hostility or fear in order to influence

the conduct or outcome of an election; or (c) influencing the conduct or outcome of an

election.

70. Infringement of secrecy.—(1) No person may in-terfere with a voter’s right to secrecy when casting a vote.

(2) Except as permitted in terms of this Act, no person may— (a) disclose any information about voting or the

counting of votes; or (b) open any ballot box or container sealed in

terms of this Act, or break its seal.

71. Prohibitions concerning voting and election mate-rials.—(1) Except as permitted in terms of this Act, no person may— (a) print, manufacture or supply any voting or

election material;


69

(b) remove or conceal any voting or election material;

(c) damage or destroy any voting or election material; or

(d) use the voters’ roll or any voting or election material for a purpose other than an election purpose.

(2) The chief electoral officer may authorise— (a) the printing, manufacture or supply of any

voting or election material; or (b) the removal or destruction of any voting or

election material.

72. Prohibitions concerning placards and billboards during election.—(1) No person may deface or unlawfully remove any billboard, placard or poster published by a party or candidate for the purpose of an election.

(2) On the voting day, no party or candidate or sup-porter of a party or candidate may within the boundaries of a voting station put up, display or distribute any billboard, placard, pamphlet or poster or any other item intended to affect the outcome of the election.

73. Obstruction of, or non-compliance with, direc-tions of Commission, chief electoral officer and other officers.—(1) No person may refuse or fail to give effect to a lawful direction, instruction or order of the Commission, or a member, employee or officer of the Commission, or the chief electoral officer.

(2) A person may not obstruct or hinder the Commis-sion, or a person mentioned in subsection (1), or a person appointed by an accredited observer, in the exercise of their powers or the performance of their duties.


70

74. Temporary obligations.—(1) (a) This section is applicable only from the date on which the notice calling an election is published to the date the result of the election is declared.

(b) For the purposes of this section, “printed matter” means any billboard, placard, poster or pamphlet.

(2) Any printed matter intending to affect the outcome of an election must state clearly the full name and address of the printer and publisher.

(3) The publisher of any publication must head an arti-cle in that publication with the word “advertisement” if that article— (a) originates from— (i) a party, a person who holds political or

executive office in that party, or any member or supporter of that party; or

(ii) a candidate contesting an election or supporter of that candidate; and

(b) is inserted in the publication on the promise of payment to the publication.

(4) No person may print, publish or distribute any printed matter or publication that does not comply with this section.

75. Prohibition on certain political activities.—On voting day no person may— (a) hold or take part in any political meeting,

march, demonstration or other political event; or

(b) engage in any political activity, other than casting a vote, in the area within the boundary of a voting station.


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76. Prohibition on publication of exit polls.—During the prescribed voting hours for an election, no person may print, publish or distribute the result of any exit poll taken in that election.

Part 2: Enforcement

77. Institution of and intervention in civil proceed-ings by chief electoral officer.—(1) Subject to this Act and any other law, the chief electoral officer, acting on behalf of the Commission, may institute civil proceedings before a court, including the Electoral Court, to enforce a provision of this Act or the Code.

(2) The chief electoral officer may intervene in any civil proceedings if the Commission has a legal interest in the outcome of those proceedings.

78. Jurisdiction and powers of Electoral Court.—(1) The Electoral Court has jurisdiction in respect of all electoral disputes and complaints about infringements of the Code, subject to section 20 (4) of the Electoral Com-mission Act.

(2) If a court having jurisdiction by virtue of section 20 (4) (b) of the Electoral Commission Act finds that a person or party has contravened a provision of Part 1 of this Chapter, it may in the interest of a free and fair election impose any appropriate penalty or sanction on that person or party, including—

(a) a formal warning;

(b) a fine not exceeding R200 000;

(c) the forfeiture of any deposit paid by that per-son or party in terms of section 14 (1) (b) or 17 (2) (d);


72

(d) an order prohibiting that person or party from—

(i) using any public media; (ii) holding any public meeting, demonstra-

tion, march or other political event; (iii) entering any voting district for the pur-

pose of canvassing voters or for any other election purpose;

(iv) erecting or publishing billboards, plac-ards or posters at or in any place;

(v) publishing or distributing any campaign literature;

(vi) electoral advertising; or (vii) receiving any funds from the State or

from any foreign sources; (e) an order imposing limits on the right of that

person or party to perform any of the activities mentioned in paragraph (d);

(f) an order excluding that person or any agents of that person or any candidates or agents of that party from entering a voting station;

(g) an order reducing the number of votes cast in favour of that person or party;

(h) an order disqualifying the candidature of that person or of any candidate of that party; or

(i) an order cancelling the registration of that party.

(3) Any penalty or sanction provided for in this section will be in addition to any penalty provided for in Part 3 of this Chapter.


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Part 3: Offences and penalties

79. Offences.—Any person who contravenes a provi-sion of Part 1 of this Chapter is guilty of an offence.

80. Penalties.—Any person convicted of any offence in terms of— (a) section 66, 67 (1) (b), (c) or (d), 69 (2), 70, 71

or 73, is liable to a fine or to imprisonment for a period not exceeding 10 years;

(b) section 67 (1) (a), (e) or (f), (2), (3) or (4), 68, 69 (1), 72, 74 (4), 75 or 76, is liable to a fine or to imprisonment for a period not exceeding five years.

Part 4: Other general provisions

81. Access to private places.—(1) Members, employ-ees and officers of the Commission have access to private places if that access is necessary for the exercise of a power or the performance of a duty conferred or assigned to them by or under this Act.

(2) A person mentioned in subsection (1) must ensure that reasonable attempts to notify the occupier of such private place have been made.

82. Ownership of voting and election materials, and disposal.—(1) The Commission is regarded as owning all voting and election materials used or provided by it in an election.

(2) Unless the Electoral Court orders otherwise, the Commission may dispose of the voting and election materi-als used in a particular election after six months after the date on which the final result of the election was declared, in the manner directed by the Commission.


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83. Return or forfeiture of deposit.—(1) Subject to section 78 (2) (c), the Commission must refund to a party or a ward candidate any deposit paid by it in terms of sections 14 (1) (b) or 17 (2) (d) if—

(a) the party is allocated at least one seat in the municipal council the election of which that party contested; or

(b) the ward candidate received at least 10 per cent of the total number of votes cast in the ward election.

(2) A deposit that is not refundable in terms of subsec-tion (1) is forfeited to the National Revenue Fund.

84. Effect of certain irregularities.—(1) A mistake in the certified segment of the voters’ roll referred to in section 6 or the final list of candidates referred to in sections 15 and 18 does not invalidate that segment of the voters’ roll or that list of candidates.

[Sub-s. (1) substituted by s. 21 of Act No. 4 of 2021 w.e.f. 27 August, 2021.]

(2) An election may not be set aside because of a mis-take in the conduct of that election or a failure to comply with this Act, unless the mistake or failure materially affect-ed the result of the election.

85. Inspection and copying of documents.—Where this Act requires that documents be made known, or made available for inspection or copying, the Commission must endeavour to also make known or make available those documents by way of electronic technology.

86. Prohibition on certain strikes and lock-outs.—(1) The service provided by the Commission from the date the notice calling an election is published to the date the


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result of the election is declared, is an essential service for the purpose of the Labour Relations Act, 1995 (Act No. 66 of 1995).

(2) Strikes and lock-outs on voting day by employees and employers in the public transport or telecommunication sector are prohibited and are not protected in terms of Chapter IV of the Labour Relations Act, 1995.

Part 5: Codes of conduct and regulations

87. Electoral Code of Conduct.—(1) The Electoral Code of Conduct binds every party contesting an election and every candidate.

(2) The Electoral Code of Conduct is binding from the date on which the notice calling an election is published to the date the result of the election is declared.

[S. 87 substituted by s. 22 of Act No. 4 of 2021 w.e.f. 27 August, 2021.]

88. Other Codes.—The Commission may by notice in the Government Gazette— (a) compile and issue any other Code in order to

promote free, fair and orderly elections; and (b) amend or replace any Code issued under

paragraph (a),

89. Regulations.—(1) The Commission must make regulations regarding any matter that must be prescribed in terms of this Act.

(2) The Commission may make regulations regarding any matter— (a) that may be prescribed under this Act; or (b) that it considers necessary or expedient in

order to achieve the objects of this Act.


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(3) Regulations made in terms of this section may pre-scribe a fine or a period of imprisonment not exceeding one year for a contravention of or a failure to comply with a provision of the regulations.

(4) The Commission must publish any regulations made in terms of this section in the Government Gazette.

Part 6: Delegation of powers and assignment of duties by Commission and chief electoral officer

90. Delegation of powers and assignment of duties by Commission.—(1) The Commission may— (a) delegate any of the Commission’s powers in

terms of this Act (excluding the powers con-tained in sections 88 or 89 or this section) or any other law, to a member, employee or of-ficer of the Commission; or

(b) instruct a member, employee or officer of the Commission to perform any of the Commis-sion’s duties in terms of this Act or any other law.

(2) A delegation or assignment in terms of subsection (1)— (a) is subject to any limitations and conditions the

Commission may impose; and (b) does not prevent the Commission from exer-

cising or performing the delegated power or assigned duty.

(3) A delegation or assignment in terms of subsection (1) to the chief electoral officer may authorise that officer to sub-delegate the delegated power or re-assign the assigned duty to any other employee or officer of the Com-mission.


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(4) The Commission may vary, confirm or revoke any decision taken in consequence of a delegation or sub-delegation under this section, provided that no variation or revocation of a decision may detract from any rights that may have accrued as a result of the decision.

91. Delegation of powers and assignment of duties by chief electoral officer.—(1) The chief electoral officer may—

(a) delegate any of the powers conferred on the chief electoral officer by this Act or any other law, to another employee or officer of the Commission; or

(b) instruct an employee or officer of the Com-mission to perform any of the duties assigned to the chief electoral officer by this Act or any other law.

(2) A delegation or assignment in terms of subsection (1)—

(a) is subject to any limitations and conditions the chief electoral officer may impose; and

(b) does not prevent the chief electoral officer from exercising or performing the delegated power or assigned duty.

(3) The chief electoral officer may vary, confirm or revoke any decision taken in consequence of a delegation or sub-delegation under this section, provided that no varia-tion or revocation of a decision may detract from any rights that may have accrued as a result of the decision.

92. Decision of objections and appeals.—Whenever the Commission, the chief electoral officer or an officer is required in terms of this Act to decide an objection or an

s. 92 – Sch. 1 Local Government: Municipal Electoral Act

78

appeal, the Commission or that person may attempt to resolve the issue that is the subject of the objection or appeal, through conciliation.

Part 7: Miscellaneous

93. Amendment of laws.—The laws specified in Schedule 2 are hereby amended to the extent set out in the third column of the Schedule.

94. Application of Local Government Transition Act, 1993.—The Local Government Transition Act, 1993 (Act No. 209 of 1993), does not apply to a municipal election held after the expiry of the term of municipal councils referred to in section 93 (3) of the Municipal Structures Act.

95. Act binds State.—This Act binds the State except in so far as criminal liability is concerned.

96. Short title.—This Act is called the Local Govern-ment: Municipal Electoral Act, 2000.

SCHEDULE 1 (Sections 1 and 87)

ELECTORAL CODE OF CONDUCT 1. Purpose of Code.—The purpose of this Code is

to promote conditions that are conducive to free and fair elections, including— (a) tolerance of democratic political activity; and (b) free political campaigning and open public debate.

2. Promotion of Code.—Every party and every candidate must— (a) promote the purpose of the Code when conduct-

ing an election;

Local Government: Municipal Electoral Act Sch. 1

79

(b) publicise the Code widely in any election cam-paigns; and

(c) promote and support efforts in terms of this Act to educate voters.

3. Compliance with Code and electoral laws.—Every party and every candidate must—

(a) comply with this Code;

(b) instruct—

(i) in the case of a party, its candidates, per-sons who hold political or executive office in the party, and its representatives, members and supporters, to comply with this Code and any applicable electoral laws; or

(ii) in the case of a ward candidate, the rep-resentatives and supporters of the candi-date to comply with this Code and any applicable electoral laws;

(c) take all reasonable steps to ensure—

(i) in the case of a party, that its candidates, persons who hold political or executive office in the party, and its representatives, members and supporters, comply with this Code and any applicable electoral laws; or

(ii) in the case of a ward candidate, that the representatives and supporters of the candidate comply with this Code and any applicable electoral laws.

Sch. 1 Local Government: Municipal Electoral Act

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4. Public commitment.—(1) Every party and every candidate must— (a) publicly state that everyone has the right— (i) to freely express their political beliefs and

opinions; (ii) to challenge and debate the political

beliefs and opinions of others; (iii) to publish and distribute election and

campaign materials, including notices and advertisements;

(iv) to lawfully erect banners, billboards, placards and posters;

(v) to canvass support for a party or candi-date;

(vi) to recruit members for a party; (vii) to hold public meetings; and (viii) to travel to and attend public meetings;

and (b) publicly condemn any action that may undermine

the free and fair conduct of elections. (2) Every party and every candidate must accept the

result of an election or alternatively challenge the result in a court.

5. Duty to co-operate.—Every party and every can-didate must liaise with other parties contesting an election and endeavour to ensure that they do not call a public meeting, march, demonstration, rally or any other public political event at the same time and place as that called by another party contesting the election.

6. Role of women.—Every party and every candi-date must— (a) respect the right of women to communicate freely

with parties and candidates;


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(b) facilitate the full and equal participation of women in political activities;

(c) ensure the free access of women to all public political meetings, marches, demonstrations, ral-lies and other public political events; and

(d) take all reasonable steps to ensure that women are free to engage in any political activities.

7. Role of Commission.—Every party and every candidate must— (a) recognise the authority of the Commission in the

conduct of an election; (b) assure voters of the Commission’s impartiality; (c) give effect to any lawful direction, instruction or

order of the Commission, or a member, employee or officer of the Commission, or the chief electoral officer;

(d) establish and maintain effective lines of commu-nication with—

(i) the Commission; and (ii) other parties contesting the election; (e) facilitate the access of members, employees and

officers of the Commission, and the chief elec-toral officer, to public meetings, marches, demonstrations, rallies and other public political events of that party or candidate;

(f) co-operate in any investigation of the Commis-sion;

(g) take all reasonable steps to ensure— (i) the safety of members, employees and

officers of the Commission, and the chief electoral officer, in the exercise of any power or the performance of any duty conferred or assigned by or under this Act;


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(ii) that persons referred to in subparagraph (i) are not subjected to insult, hazard or threat by any representatives or support-ers of that party or candidate; and

(iii) that representatives of that party or candi-date attend meetings of any party liaison committee or other forum convened by the Commission.

8. Role of media.—Every party and every candi-date— (a) must respect the role of the media before, during

and after an election conducted in terms of this Act;

(b) may not prevent access by members of the media to public political meetings, marches, demonstrations and rallies; and

(c) must take all reasonable steps to ensure that journalists are not subjected to harassment, intimidation, hazard, threat or physical assault by any of their representatives or supporters.

9. Prohibited conduct.—(1) No party or candidate may— (a) use language or act in a way that may provoke— (i) violence during an election; or (ii) the intimidation of candidates, members

of parties, representatives or supporters of parties or candidates, or voters;

(b) publish false or defamatory allegations in connec-tion with an election in respect of—

(i) a party, its candidates, representatives or members; or

(ii) a ward candidate or that candidate’s representatives;


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(c) plagiarise the symbols, colours or acronyms of other parties; or

(d) discriminate on the grounds of race, ethnicity, sex, gender, class or religion in connection with an election or political activity.

(2) No person may— (a) offer any inducement or reward to another per-

son— (i) to join or not to join a party; (ii) to attend or not to attend a public meeting,

march, demonstration, rally or other public political event;

(iii) to vote or not to vote, or to vote or not to vote in any particular way; or

(iv) to refuse a nomination as a candidate or to withdraw as a candidate; or

(b) carry or display arms or weapons— (i) at a political meeting; or (ii) in any march, demonstration, rally or other

public political event; (c) unreasonably prevent any other person access to

voters for the purpose of voter education, collect-ing signatures, recruiting members, raising funds or canvassing support for a party or candidate;

(d) deface or unlawfully remove or destroy the bill-boards, placards, posters or any other election materials of a party or candidate; or

(e) abuse a position of power, privilege or influence, including parental, patriarchal, traditional or em-ployment authority to influence the conduct or out-come of an election.

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84

10. Additions to Code.—The Commission may by regulations made in terms of section 89 add provisions to this Code.

SCHEDULE 2 (Section 93)

AMENDMENT OF LAWS

ELECTORAL COMMISSION ACT, NO. 51 OF 1996.

Amends the Electoral Commission Act, No. 51 of 1996, as follows:—paragraph (a) amends the arrangement of sections by inserting the expression “15A. Registration of parties for municipal elections” after section 15 and para-graph (b) inserts section 15A.

ELECTORAL ACT, NO. 73 OF 1998.

Amends section 7 of the Electoral Act, No. 73 of 1998, by adding subsection (3).

LOCAL GOVERNMENT: MUNICIPAL STRUCTURES ACT, NO. 117 OF 1998:

Amends section 1 of the Local Government: Municipal Structures Act, No. 117 of 1998, by substituting the defini-tion of “party”.

Amends section 12 (3) of the Local Government: Municipal Structures Act, No. 117 of 1998, by inserting para-graph (eA).

Amends section 24 of the Local Government: Munici-pal Structures Act, No. 117 of 1998, by deleting the words “or dates” wherever they occur.


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Amends section 25 (1) of the Local Government: Munic-ipal Structures Act, No. 117 of 1998, by substituting the expression “Electoral Act” for the expression “Electoral Commission Act, 1996 (Act No. 51 of 1996)” in paragraph (a).

Amends section 25 (1) of the Local Government: Municipal Structures Act, No. 117 of 1998, by substituting the word “development” for the word “management” in para-graph (b).

Amends section 25 (3) of the Local Government: Municipal Structures Act, No. 117 of 1998, by deleting the words “or dates” in the words preceding paragraph (a) and deleting the words “or last voting day” in paragraph (a).

Amends section 25 of the Local Government: Munici-pal Structures Act, No. 117 of 1998, by deleting the words “or dates” wherever they occur in subsection (4).

Amends section 27 (f) of the Local Government: Munic-ipal Structures Act, No. 117 of 1998, by substituting subpara-graphs (i) and (ii).

Amends Schedule 1 of the Local Government: Munic-ipal Structures Act, No. 117 of 1998, by substituting the definition of “independent ward councillor”.

Amends Schedule 1 of the Local Government: Munic-ipal Structures Act, No. 117 of 1998, by substituting the definition of “ward candidate representing a party” in item 1.

Amends Schedule 1 of the Local Government: Munic-ipal Structures Act, No. 117 of 1998, by substituting item 10.

Amends Schedule 1 item 15 of the Local Government: Municipal Structures Act, No. 117 of 1998, by substituting subitems (1) and (2), the existing subitem (3) becoming subitem (2).

Amends Schedule 2 of the Local Government: Munic-ipal Structures Act, No. 117 of 1998, by substituting item 4.

Schs. 2 – 3 Local Government: Municipal Electoral Act

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Amends Schedule 2 item 9 of the Local Government: Municipal Structures Act, No. 117 of 1998, by substituting subitems (1) and (2), the existing subitem (3) becoming subitem (2).

SCHEDULE 3

[Schedule 3 inserted by s. 11 of Act No. 14 of 2010 and amended by s. 7 of Act No. 1 of 2016

and by s. 22 of Act No. 1 of 2019.]

ELECTION TIMETABLE

In terms of section 11 of the Local Government: Munic-ipal Electoral Act, 2000 (hereinafter referred to as “the Act”), the Electoral Commission (hereinafter referred to as the Commission) hereby compiled this election timetable to apply to the ............. (particulars of relevant election) that will be held on ............ (date/s). (A reference to “section” in this election timetable is a reference to that section of the Act and a reference to “regulation” is a reference to that regulation in the Municipal Electoral Regulations, 2000.)

CUT–OFF TIME FOR ACT TO BE PERFORMED

1. An act required in terms of the Act and the Munic-ipal Electoral Regulations, 2000, to be performed by no later than a date stated in the election timetable must be performed before 17:00 on that date.

1A. By . . . [day/month/year], the chief electoral officer must give notice of the periods during which, and the venues where, the segments of the provisionally compiled voters’ roll compiled for the election shall be available for inspection in terms of section 14 (1) (e) of the Electoral Act.

[Item 1A inserted by s. 22 of Act No. 1 of 2019.]


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1B. By . . . [day/month/year], any objections in terms of section 15 of the Electoral Act in respect of the segments of the provisionally compiled voters’ roll for the election must be made.

[Item 1B inserted by s. 22 of Act No. 1 of 2019.]

1C. By . . . [day/month/year], the Commission must decide any objection made in terms of section 15 of the Electoral Act in respect of the segments of the provisionally compiled voters’ roll for this election and notify the objector and the chief electoral officer and a person other than the objector whose name or registration details are involved.

[Item 1C inserted by s. 22 of Act No. 1 of 2019.]

NOTICE THAT LIST OF ADDRESSES OF VOTING STATIONS IS AVAILABLE FOR INSPECTION

2. The Commission must give notice by .......... (date) that from the date of the notice until the voting day copies of a list of all voting stations and their addresses will be avail-able for inspection at the office of the Commission’s local representative.

NOTICE OF ROUTE OF MOBILE VOTING STATION

3. The Commission must give notice by ............ (date) of the route, including the locations and estimated times of stopping of each mobile voting station.

CUT–OFF DATE FOR PUBLICATION OF VOTERS’ ROLL

4. By ............ (date), the Chief Electoral Officer must certify the voters’ roll or the municipality’s segments of the voters’ roll to be used in this election in terms of section 6 (2), and make those segments available for inspection.


88

CUT–OFF DATE FOR SUBMISSION OF NOTICE TO CONTEST, LIST OF CANDIDATES AND NOMINATION

OF WARD CANDIDATE 5. (1) Registered parties that intend to contest this

election in terms of section 14 must nominate and submit a party list of their candidates and the prescribed deposit with the supporting documents for the election in the manner provided for in section 14 (1A) (a) or (b) in the prescribed form by ................ (date).

[Sub-item (1) substituted by s. 7 (a) of Act No. 1 of 2016.]

(2) Registered parties and nominators of independent candidates that intend to contest a ward in this election in terms of section 17, must submit their nominations and the prescribed deposits with the supporting documentation for the said ward election in the manner provided for in section 14 (1A) (a) or (b) in the prescribed form by ................ (date).

[Sub-item (2) substituted by s. 7 (a) of Act No. 1 of 2016.]

(3) Payment of the prescribed deposits in terms or sec-tion 17A must be made by ............ (date).

NOTICE OF NON-COMPLIANCE 6. (1) (a) The Commission must notify a registered

party that has submitted a party list of candidates in terms of section 14 but has not fully complied with section 14 (3), or that non-compliance by ............ (date). (b) If the notified party takes the opportunity to

comply with section 14 (3), that party must do so by ............ (date).

(2) (a) The Commission must notify the nominating party or person of a candidate who has not fully complied with section 17 (2) (b) and (c), of that non-compliance by ............ (date).


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(b) If the nominating party or person takes the opportunity to comply with section 17 (2) (b) or (c), that party or person must do so by............(date).

MULTIPLE NOMINATIONS

6A. (1) The Commission must notify a candidate whose name appears on more than one party list for an election submitted in terms of section 14 and all the parties on whose party lists such a candidate appears by…………. (date).

(2) If the notified party decides to act in terms of section 14 (4A) (b), that party must do so by ............. (date).

(3) The Commission must notify a ward candidate that has been nominated by more than one party or person for an election, and each party or person who has nominated such candidate, by ................ (date).

(4) If the notified nominating party or person decides to act in terms of section 17 (2B) (b), that party or person must do so by .............. (date).

[Item 6A inserted by s. 7 (b) of Act No. 1 of 2016.]

LIST OF PARTIES ENTITLED TO CONTEST ELECTION AND LIST OF CANDIDATES

7. By ........... (date), the Commission—

(a) must compile the list of the registered parties entitled to contest this election;

(b) must certify the party lists for this election; and

(c) keep those lists available at the office of the Commission’s local representative.


90

LIST OF WARD CANDIDATES TO CONTEST WARD ELECTION

8. By ............ (date), the Commission must— (a) compile and certify for each ward contested in

this election, a list of candidates contesting that ward; and

(b) keep copies of those lists available at the office of the Commission’s local representative.

ISSUE OF CERTIFICATE TO CANDIDATE 9. By ............ (date), the Commission must issue—

(a) the prescribed candidate certificate to each candidate on the certified party lists in this election; and

(b) the prescribed candidate certificate to each candidate on the certified list of ward candi-dates in this election.

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CONTENTS

REGULATIONS

Page Municipal Electoral Regulations ........................... 95

REGULATIONS in terms of the

LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT

NO. 27 OF 2000

95

MUNICIPAL ELECTORAL REGULATIONS As published under GNR.848 in GG 21498 dated

22 August 2000. [As substituted for Government Notice No. R.817

published in Government Gazette No. 21478 of 14 August 2000.]

as amended by Notice Government

Gazette Date

R.848 27957 23 August 2005 R.152 34045 23 February 2011

569 40020 25 May 2016 w.e.f. 3 June 2016

Proc R.35 45060 27 August 2021

Acting in terms of sections 88 and 89, read with sections 41 (3) (b) (iii) and 43 (3) (c) (iii) of the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000), the Electoral Commission has made the regulations set out in Schedule A, and compiled and issued the Codes set out in Schedules B and C.

ARRANGEMENT OF REGULATIONS

SCHEDULE A

1. Definitions

PART I VOTERS’ ROLL

2. Sworn or solemnly affirmed statement by a voter

Regulations

96

PART II PARTIES CONTESTING ELECTION, PARTY

LISTS AND DEPOSIT

3. . . . . . . 4. Party Lists 5. Acceptance of nomination by party list candidates

and ward candidates nominated by party 6. . . . . . . 7. Certificate issued to persons whose names appear

on party lists 7A. Central Payment of Deposits

PART III WARD CANDIDATES

8. Nomination of ward candidates 9. Form containing the signatures of at least 50

voters 10. Acceptance of nomination 11. Deposit 12. Certificates issued to ward candidates 13. . . . . . .

PART IV VOTING STATIONS, OFFICERS,

AGENTS AND OBSERVERS 13A. Notice of disqualification 14. List of voting stations 15. Declaration of secrecy by appointed officer 16. Written proof and notice of appointment of agents 17. Revocation of appointment of agents

Regulations

97

18. Identification of agents and candidates at voting station or counting venue

18A. Carrying or display of arms or other dangerous weapons

18B. . . . . . .

PART V ACCREDITATION OF OBSERVERS AND VOTER

EDUCATION PROVIDERS 19. Accreditation of observers 20. Identification of persons appointed by accredited

observer organisation 21. Amount for certified copy of or extract from register

or copy of a certificate of accreditation for observ-ers

22. Accreditation of Voter Education Providers 23. Amount for certified copy of or extract from register

or copy of certificate of accreditation as voter education provider

PART VI VOTING AND COUNTING

23A. Number of times that voter may be issued a new ballot paper

23B. Voting procedure for a voter whose address is not recorded on the voters’ roll

24. Objections concerning voting 25. Ballot paper statement 26. Counting procedure 27. Record of objections 28. Recording of result of an election

Regulations

98

28A. Declaration of secrecy

PART VI-A: SPECIAL VOTES

28B. Application for a Special Vote

28C. Special Voting

28D. Counting of Special Votes

28E. Application of the Provisions of the Act and the Regulations

PART VII GENERAL PROVISIONS

29. Offences and penalties

29A. Address of the Commission’s national office

30. Short title

Appendix 1 Sworn or affirmed statement in terms of section 7 (2) of the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000)

Appendix 2 . . . . . .

Appendix 3 Nomination of party list candidates in terms of section 14 (1) (a) (ii)-(iv) of the Local Government: Municipal Electoral Act, 2000

Appendix 4 Acceptance of nomination by candidate on a party/ward list or independent ward candidate – section 14 (3) (a)/17 of the Local Government: Municipal Electoral Act, 1998 (Act No. 73 of 1998)

Regulations

99

Appendix 5 Certificate to persons whose names appear on party lists issued in terms of section 15 (3) of the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000)

Appendix 6 Nomination of Independent Ward Candi-date in terms of section 17 (1) and acceptance of nomination in terms of section 17 (2) of the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000)

Appendix 7 Nomination of ward candidate representing a party in terms of s17 (1) of the Local Government: Municipal Electoral Act, 2000

Appendix 8 . . . . . . Appendix 9 . . . . . . Appendix 10 Certificate issued to ward candidates in

terms of section 18 (1) (d) of the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000)

Appendix 11 Declaration of secrecy in terms of section 37 (4) of the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000)

Appendix 12 Appointment and notice of appointment of an agent in terms of section 39 (4) (a) of the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000)

Appendix 13 . . . . . . Appendix 14 Revocation and notice of revocation of

appointment of an agent in terms of section 39 (4) (b) of the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000)

Regulations

100

Appendix 15 . . . . . . Appendix 16 Application for accreditation as observer in

terms of section 41 (1) of the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000)

Appendix 17 Application for accreditation for voter education in terms of section 43 (1) of the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000)

Appendix 18 Objection concerning voting in terms of section 51 (1), (2) or (3) of the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000)

Appendix 18A Objection to the commission in terms of section 51 (1A)

Appendix 19 Presiding Officer’s ballot paper statement in terms of section 53 (a) of the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000)

Appendix 20A Results form to be completed by counting officer in respect of votes cast for parties contesting an election on party lists – section 63 (1) of the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000)

Appendix 20B Results form to be completed by counting officer in respect of votes cast for candi-dates in ward ballot in terms of 63 (1) (b) of the Local Government: Municipal Electoral Act, 2000 (Act 27 of 2000)

Appendix 21 Record of objections in terms of section 62 (6) of the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000)

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Appendix 22A Metropolitan Councils and Local Councils Recording of the determination of the results of an election in terms of section 64 (1) (b) of the Local Government: Municipal Electoral Act, 2000 (Act 27 of 2000)

Appendix 22B District Councils and District Management Areas Recording of the determination of the results of an election in terms of section 64 (1) (b) of the Local Government: Municipal Electoral Act, 2000 (Act 27 of 2000)

Appendix 22C Recording of the determination of the results of an election in terms of section 64 (1) (b) of the Local Government: Municipal Electoral Act, 2000 (Act 27 of 2000)

Appendix 23 Declaration of secrecy and undertaking by election officers

Appendix 24 Central Payment of Deposits: Notice in terms of section 14A of the Local Govern-ment: Municipal Electoral Act, 2000 (Act No. 27 of 2000)

Appendix 25 Application for Special Vote in terms of section 55 of the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000)

Schedule B Code of Conduct for Accredited Observers

Schedule C Code for Accredited Voter Education Providers

Regulations

102

SCHEDULE A

1. Definitions.—In these regulations any word or expression to which a meaning has been assigned in the Act, shall have that meaning and, unless the context otherwise indicates—

“Act” means the Local Government: Municipal Elec-toral Act, 2000 (Act No. 27 of 2000);

“chief electoral officer” . . . . . .

[Definition of “chief electoral officer” deleted by GN 569 of 25 May 2016.]

“CNS system” means the candidate nominations system, a secure online business application located on the official website, to be used for the electronic submis-sion of the information and documents contemplated in sections 14 (1A) (b) and 17 (1A) (b) and accessed through a pin code allocated by the chief electoral officer on written request by a party or a person contemplated in section 16 (1) (b) of the Act;

[Definition of “CNS system” inserted by GN 569 of 25 May 2016.]

“local representative”, in relation to the Commis-sion, means a local representative of the Commission appointed in terms of section 12 of the Act for the area of jurisdiction of the municipality concerned;

[Definition of “local representative” substituted by GN 569 of 25 May 2016.]

“official website” means the website of the Commis-sion accessible at http://www.elections.org.za;

[Definition of “official website” inserted by GN 569 of 25 May 2016.]

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“SMS” means a short message service provided through a telecommunication system, accessed through a number designated by the Commission, to be used for the electronic submission of applications for special votes at voting stations on the date prior to the voting day stated in the election timetable;

[Definition of “SMS” inserted by GN 569 of 25 May 2016.]

“special vote system” means the business applica-tion located on the official website to be used for the electronic submission of applications for special votes contemplated in section 55 of the Act; and

[Definition of “special vote system” inserted by GN 569 of 25 May 2016.]

“website” has the meaning set out in section 1 of the Electronic Communications and Transactions Act, 2002 (Act 25 of 2002).

[Definition of “website” inserted by GN 569 of 25 May 2016.]

PART I: VOTERS’ ROLL

2. Sworn or solemnly affirmed statement by a voter.—(1) The sworn or solemnly affirmed affidavit referred to in section 7 (2) of the Act must be made in a form substantially similar to Appendix 1.

(2) An original receipt issued to a person when he or she applied for registration as a voter, or such other evidence to that effect as may be available to the presiding officer, constitutes proof referred to in section 7 (2) (b) of the Act, that that person has applied for registration as a voter in the voting district concerned.

[Reg. 2 substituted by GNR.848 of 2005. Sub-reg. (2) substituted by GN 569 of 25 May 2016 and by

Proc R.35 of 27 August 2021.]

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PART II: PARTIES CONTESTING ELECTION, PARTY

LISTS AND DEPOSIT

3. . . . . . . [R. 3 deleted by GN 569 of 25 May 2016.]

4. Party Lists.—(1) A party list referred to in section 14 (1) (a) (ii) of the Act must be in a form substantially similar to Appendix 3.

(2) The amount of the deposit referred to in section 14 (1) (b) of the Act is, in respect of each separate list submitted by a party— (a) R3 500.00 (three thousand five hundred rand)

in an election in a metropolitan municipality; (b) R2 000.00 (two thousand rand) in an election

in a local municipality with wards; and (c) R1 000.00 (one thousand rand) in an election

in a local municipality without wards and in an election in a district municipality.

[Sub-r. (2) substituted by r. 2 of GNR.152 of 23 February 2011 and by GN 569 of 25 May 2016.]

(3) If a party elects to submit the information and doc-uments contemplated in section 14 (1) (a) electronically as contemplated in section 14 (1A) (b), it must do so by— (a) completing the electronic forms available for

that purpose on the CNS system; and (b) uploading the annexures referred to in the

said electronic forms onto the CNS system. [Sub-r. (3) inserted by GN 569 of 25 May 2016.]

(4) If a party elects to submit the information and doc-uments contemplated in section 14 (1) (a) electronically as contemplated in section 14 (1A) (b), the deposit referred to in section 14 (1) (b) shall be paid into the Commission’s

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nominated bank account by not later than the date stated in the timetable for the submission of the documents contem-plated in section 14 (1) (a)— (a) using a deposit slip containing a payment

reference number generated for that purpose by the CNS system; or

(b) by way of electronic funds transfer using the functionality available for that purpose on the CNS system.

[Sub-r. (4) inserted by GN 569 of 25 May 2016.]

(5) If a party elects to submit the information and doc-uments contemplated in section 14 (1) (a) in the manner contemplated in section 14 (1A) (a), the deposit referred to in section 14 (1) (b) shall be paid— (a) by way of electronic funds transfer in favour of

the Commission and submit written proof of such payment to the office of the local repre-sentative simultaneously with the documents contemplated in section 14 (1) (a); or [Para. (a) substituted by Proc R.35 of

27 August 2021.]

(b) into the Commission’s nominated bank account using a deposit slip containing a payment reference number generated for that purpose by the local representative upon submission of the documents contemplated in section 14 (1) (a).

[Sub-r. (5) inserted by GN 569 of 25 May 2016.]

(6) If a party pays the deposit referred to in section 14 (1) (b) in the manner contemplated in sub-regulation (4) (a), such party must electronically submit written proof of such payment to the Commission by e-mail to [email protected] by not later than the date stated in the

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timetable for the submission of the documents contemplat-ed in section 14 (1) (a).

[Sub-reg. (6) inserted by GN 569 of 25 May 2016 and substituted by Proc R.35 of 27 August 2021.]

(7) If the Commission requests the information con-templated in section 14 (3) from a party— (a) it must do so in writing by not later than the

relevant date stipulated in the election time-table; and

(b) the party concerned must provide the request-ed information by no later than relevant date stipulated in the election timetable. [Sub-reg. (7) inserted by Proc R.35 of

27 August 2021.]

5. Acceptance of nomination by party list candidates and ward candidates nominated by party.—An acceptance of nomination by a party candidate referred to in section 14 (3) (a) of the Act and of a ward candidate nominated by a party referred to in section 17 (2) (b) must be in a form substantially similar to Appendix 4.

[R. 5 substituted by GN 569 of 25 May 2016.]

6. . . . . . . [Reg. 6 deleted by Proc R.35 of 27 August 2021.]

7. Certificate issued to persons whose names appear on party lists.—The certificate referred to in section 15 (3) of the Act must be in a form substantially similar to Appen-dix 5.

7A. Central Payment of Deposits.—Payments of deposits in terms of section 14A of the Act must be accom-panied by a notice substantially similar to Appendix 24.

[R. 7A inserted by r. 3 of GNR.152 of 23 February 2011.]

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PART III: WARD CANDIDATES

8. Nomination of ward candidates.—(1) The nomina-tion of a ward candidate referred to in section 17 (1) of the Act must be submitted in a form substantially similar to Appendix 6 in the case of an independent ward candidate and in a form substantially similar to Appendix 7 in the case of a ward candidate nominated by a party.

(2) Should the person contemplated in section 16 (1) (b) wish that a photograph of the nominated inde-pendent ward candidate concerned should appear on the ballot paper for the election, the nomination form contem-plated in subregulation (1) shall be accompanied by an A5 size colour photograph depicting the head and shoulders picture of the nominated candidate.

(3) If the Commission requests the information con-templated in section 17 (2A) from a party or person— (a) it must do so in writing by not later than the

relevant date stipulated in the election timeta-ble; and

(b) the party or person concerned must provide the requested information by no later than rel-evant date stipulated in the election timetable.

[Reg. 8 substituted by GN 569 of 25 May 2016. Sub-reg. (3) inserted by Proc R.35 of

27 August 2021.]

9. Form containing the signatures of at least 50 vot-ers.—The form containing the signatures of at least 50 voters referred to in section 17 (2) (a) of the Act must be in a form substantially similar to Appendix 6.


10. Acceptance of nomination.— The acceptance of nomination to be signed by a ward candidate as required in

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terms of section 17 (2) (b) of the Act must be in a form substantially similar to Appendix 4 in the case of a ward candidate nominated by a party and in a form substantially similar to Appendix 6 in the case of an independent ward candidate.


11. Deposit.—(1) The amount of the deposit referred to in section 17 (2) (d) of the Act, is R1 000.00 (one thou-sand rand) in respect of an independent ward candidate and for a ward candidate nominated by a party who is not contesting the election of the relevant municipal council by way of a party list.

(2) If a party contemplated in section 16 (1) (a) or a person contemplated in section 16 (1) (b) elects to submit the information and documents contemplated in section 17 (1) and (2) electronically as contemplated in section 17 (1A) (b), such party or person must do so by completing the electronic forms available for that purpose on the CNS system.

[Sub-reg. (2) substituted by Proc R.35 of 27 August 2021.]

(3) If a party contemplated in section 16 (1) (a) or a person contemplated in section 16 (1) (b) submits the information and documents contemplated in section 17 (1) and (2) electronically, the deposit referred to in section 17 (2) (d) shall be paid into the Commission’s nominated bank account— (a) using a deposit slip containing a payment

reference number generated for that purpose by the CNS system; or

(b) by way of electronic funds transfer using the functionality available for that purpose on the CNS system. [Para. (b) substituted by Proc R.35 of

27 August 2021.]

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(4) If a party contemplated in section 16 (1) (a) or a person contemplated in section 16 (1) (b) submits the information and documents contemplated in section 17 (1) and (2) to the office of the Commission’s local representa-tive as contemplated in section 17 (1A) (a), the deposit referred to in section 17 (2) (d) shall be paid into the Commission’s nominated bank account by no later than the date contemplated in section 17 (1)— (a) by means of electronic funds transfer contain-

ing a payment reference number generated for that purpose by the local representative and submit proof of such payment simultane-ously with the documents contemplated in section 17 (1) and (2); or

(b) using a deposit slip containing a payment reference number generated for that purpose by the local representative upon submission of the documents contemplated in section 17 (1) and (2).


(5) If a party contemplated in section 16 (1) (a) or a person contemplated in section 16 (1) (b) pays the deposit referred to in section 17 (1) (d) in the manner contemplated in sub-regulation (3) (a), such party must electronically submit written proof of such payment to the Commission by e-mail to [email protected] by not later than the date stated in the timetable for the submission of the documents contemplated in section 17 (1) and (2).

[Reg. 11 substituted by reg. 4 of GNR.152 of 23 February 2011, by GN 569 of 25 May 2016

and by Proc R.35 of 27 August 2021.]

12. Certificates issued to ward candidates.—The certificate to be issued to a ward candidate in terms of

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section 18 (1) (d) of the Act must be in a form substantially similar to Appendix 10.

13. . . . . . . [Reg. 13 deleted by Proc R.35 of

27 August 2021.]

PART IV: VOTING STATIONS, OFFICERS, AGENTS AND

OBSERVERS

13A. Notice of disqualification.—(1) The Commission must remove from a ward list the name of a candidate— (a) in respect of whom any outstanding document

has not been submitted in terms of section 17 (2A) or;

(b) who is not registered as a voter on that municipality’s segment of the voters’ roll.

(2) The Commission must notify the party or the nomi-nator in case of an independent candidate of the removal of the name of such candidate by no later than the date contemplated in section 18 (1) (d).

[R. 13A inserted by GN 569 of 25 May 2016.]

14. List of voting stations.—The amount to be paid in terms of section 19 (6) of the Act for a copy of the list of voting stations and their addresses, is R1-00 (one rand) per page.

15. Declaration of secrecy by appointed officer.—The declaration of secrecy referred to in section 37 (4) of the Act, must be in a form substantially similar to Appendix 11.

16. Written proof and notice of appointment of agents.—The written proof of, and notice of appointment to be issued to a person appointed as an agent by a party or

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an independent ward candidate in terms of section 39 (4) (a) of the Act must be in a form substantially similar to Appendix 12.

[R. 16 substituted by r. 5 of GNR.152 of 23 February 2011.]

17. Revocation of appointment of agents.—The revocation of appointment of a person as an agent by a party or an independent ward candidate in terms of section 39 (4) (b) of the Act, and the notice thereof, must be in a form substantially similar to Appendix 14.

[R. 17 substituted by r. 6 of GNR.152 of 23 February 2011.]

18. Identification of agent and candidates at voting station or counting venue.—The identification tag to be worn by an agent or ward candidate in terms of section 40 (1) of the Act, is a tag displayed on the left breast of his or her outer clothing bearing the words “agent”, “party candidate” or “ward candidate”, as the case may be, as well as the abbreviated name of the party, or in the case of an independent ward candidate, the letters “IND”, represented in black letters, of at least 1 cm high, on a white back-ground.

18A. Carrying or displaying of arms or other dan-gerous weapons.—(1) No person— (a) may, except for a member of the South

African Police Services on duty at that voting station, enter into the boundaries of a voting station while in possession of any firearm; or

(b) may enter into and remain within the bounda-ries of a voting station while in possession of a dangerous weapon after it has been identified to that person by a member of the security ser-vices as being dangerous.

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(c) Any person who contravenes the provisions of subregulation (1) shall be guilty of an offence and liable on conviction to a fine or imprison-ment for a period referred to in regulation 29. [R. 18A inserted by GNR.848 of 2005.]

18B. . . . . . . [R. 18B inserted by GNR.848 of 2005 and deleted

by GN 569 of 25 May 2016.]

PART IV: ACCREDITATION OF OBSERVERS AND VOTER

EDUCATION PROVIDERS

19. Accreditation of observers.—An organisation may apply to the Commission to observe an election in terms of section 41 (1) of the Act by completing a form substantially similar to Appendix 16 and delivering the completed form together with any documentation in support of the applica-tion, at the office of the Commission in Pretoria.

20. Identification of persons appointed by accredited observer organisation.—The identification tag that a person appointed by an accredited organisation must wear in terms of section 42 (2) of the Act while observing an election, is the identification apparel, approved by the Commission, on which—

(a) the words “Election Observer” is clearly indicated on the back and front in black let-ters, at least 10 cm high, on a white back-ground; and

(b) the identification mark or symbol of the accredited person, at least 10 cm high, is clearly indicated on the back and front.

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21. Amount for certified copy of or extract from reg-ister or copy of a certificate of accreditation for observ-ers.—The amount to be paid in terms of section 41 (7) of the Act for a certified copy of, or extract from the register of organisations accredited as observers, or a copy of a certificate of accreditation, is R1-00 (One Rand) per page.

22. Accreditation of Voter Education Providers.—A natural or juristic person may apply to the Commission for accreditation to provide voter education for an election in terms of section 43 (1) of the Act by completing an applica-tion form substantially similar to Appendix 17 and delivering the completed form, together with any documentation in support of the application, to the Commission at its office in Pretoria.

23. Amount for certified copy of or extract from reg-ister or copy of certificate of accreditation as voter education provider.—The amount to be paid in terms of section 43 (4) read with section 41 (7) of the Act for a certified copy of, or extract from, the register or a copy of a certificate, is R1-00 (one rand) per page.

PART VI: VOTING AND COUNTING

23A. Number of times that voter may be issued a new ballot paper.—The presiding officer may in terms of section 49 (3) issue a new ballot paper to a voter contem-plated in section 49 (1) no more than two times after the issue of the initial ballot paper in terms of section 47 (5) (d).

[R. 23A inserted by GN 569 of 25 May 2016.]

23B. Voting procedure for a voter whose address is not recorded on the voters’ roll.—(1) If a voter intends to vote in an election and the voter’s name appears on the segment of the voters’ roll for the relevant voting district, but

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the voter has no address recorded on the voters’ roll or the voter’s address appearing on the voter’s roll is incomplete or inadequate, the voter concerned shall be entitled to vote at that voting station provided that— (a) the voter provides his or her address, or the

details of his or her place of ordinary resi-dence, to the presiding officer or voting officer; and

(b) the presiding officer or voting officer deter-mines, in the presence of agents, that the vot-er’s address or place of ordinary residence as provided in terms of sub-regulation (1) (a) is located within the ward or municipality con-cerned or not.

[Reg. 23B inserted by Proc R.35 of 27 August 2021.]

24. Objections concerning voting.—(1) An agent, ward candidate or a voter wishing to object in terms of section 51 (1), (2) or (3) of the Act to— (a) a voter being allowed to vote; (b) a voter being able to vote at a voting station

concerned; (c) a voter being refused a ballot paper; or (d) to any other conduct of an officer, an agent, or

any other persons present at a voting station, must do so by handing to the presiding officer at the time of the occurrence a written objection in a form substantially similar to Appendix 18.

(2) An agent or ward candidate wishing to object in terms of section 51 (1) to a voter contemplated in sub-regulation (1) being entitled to vote on the grounds contem-plated in section 51 (1A) must do so by handing to the presiding officer at the time of the occurrence a written

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objection in a form substantially in accordance with Appen-dix 18A, which must— (a) contain detailed reasons for the objection; and (b) attach such documents as are necessary to

substantiate the basis of such objection. (3) If an agent or ward candidate objects to a voter in

terms of sub-regulation (2) being entitled to vote in an election, the voter concerned must be handed and allowed to mark the ballot paper in secret as if it is a special vote contemplated in sub-regulation 28C (3): Provided that— (a) the outer envelope as contemplated in

regulation 28C (3) (c) is marked on the out-side with the details of the election concerned and the voter’s name, identity number, voting district number and the address or place of ordinary residence provided by that voter in terms of sub-regulation (1) (a);

(b) the outer envelope is marked “DISPUTED”; and

(c) the marked envelope is placed in the ballot box but is not counted until the Commission decides the objection. [Reg. 24 substituted by Proc R.35 of

27 August 2021.]

25. Ballot paper statement.—The ballot paper state-ment referred to in section 53 (a) of the Act must be in a form substantially similar to Appendix 19.

26. Counting procedure.—(1) The counting of votes contemplated in section 60 (2) of the Act must be conducted in the following manner— (a) The ballot papers are sorted according to the

different ballots conducted at the voting station.

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(b) Thereafter, in respect of each ballot, the following procedure is followed:

(i) The ballot papers for each ballot are counted and compared with the total number of ballot papers issued (and not cancelled) for that ballot at the voting station as reflected on the ballot paper statement completed by the presiding of-ficer in terms of regulation 25.

(ii) The ballot papers are examined in order to determine whether any must be rejected for a reason mentioned in section 61 (1) of the Act.

(iii) The rejected ballot papers, if any, are filed separately.

(iv) The remaining ballot papers are sorted face up according to the votes cast in favour of each party or ward candidate, as the case may be.

(v) The ballot papers for each party or each ward candidate are bound separately in packages of 10 and thereafter 10 pack-ages of 10 bound together with elastic bands.

(vi) The ballot papers for each party or each ward candidate, as the case may be, are counted and the totals recorded in terms of section 63 (1) in a form substantially similar to Appendix 20A, in the case of a party list ballot and in a form substantially similar to Appendix 20B in the case of a ward ballot.

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27. Record of objections.—The record of objections to be kept by the counting officer in terms of section 62 (6) of the Act, must be in a form substantially similar to Appen-dix 21.

28. Recording of result of an election.—(1) The result of an election must be recorded in terms of section 64 (1) (b) of the Act in a form— (a) substantially similar to Appendix 22A in the

case of an election for a metropolitan council or a local council;

(b) in a form substantially similar to Appendix 22B in the case of an election of a district council; and

(c) in a form substantially similar to Appendix 22C in the case of a by election.

[R. 28 substituted by r. 7 of GNR.152 of 23 February 2011 and by GN 569 of

25 May 2016.]

28A. Declaration of secrecy.—The declaration of secrecy to be signed by a person in terms of section 37 (4) of the Act before that person can be appointed as an officer, must be in a form substantially similar to Appendix 23.

[R. 28A inserted by GNR.848 of 2005.]

PART VI-A: SPECIAL VOTES

[Part VI-A inserted by r. 8 of GNR.152 of 23 February 2011.]

28B. Application for a Special Vote.—(1) A voter who is unable to cast his or her vote on voting day at the voting station in the voting district where he or she is registered, may apply in terms of section 55 of the Act to cast a special

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vote within that voting district prior to voting day by submit-ting or causing to be submitted by no later than the date stated in the election timetable, a written application— (a) in a form substantially similar to Appendix 25,

by hand during normal office hours at the office or sub-office of the Municipal Electoral Officer for the metropolitan or local municipality within which that voting district falls;

(b) electronically to the chief electoral officer through the special vote system; or

(c) by sending an SMS containing the voter’s identity number to the chief electoral officer: Provided that an application may only be submitted by SMS for purposes of a special vote at the voting station on the date prior to the voting day stated in the election timetable as contemplated in subregulation (2) (b). [Sub-r. (1) substituted by GN 569 of

25 May 2016.] (2) (a) A voter who cannot travel to the voting station

due to physical infirmity or disability must apply to be afforded the opportunity to cast a special vote at the place where he or she resides.

(b) A voter who can visit the voting station but can-not do so on voting day, must apply to be allowed to cast a special vote at the voting station on the date prior to the voting day stated in the election timetable.

(3) The person submitting the application must wait to be informed about the outcome of the application.

(4) The chief electoral officer, Municipal Electoral Officer or an officer designated by him or her, as the case may be, must approve the application if— (a) the applicant is registered as a voter in that

voting district; and

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(b) (i) where relevant, the applicant is unable to visit the voting station due to physical infirmity or disability and that his or her place of residence is in that voting district; or

(ii) where relevant, the applicant is unable to vote at the voting station on voting day.

[Sub-r. (4) substituted by GN 569 of 25 May 2016.]

(5) The officer who considered the application must provide the person who submitted it, a written notice of the outcome in the same manner in which the application was submitted.

[Sub-r. (5) substituted by GN 569 of 25 May 2016.]

28C. Special Voting.—(1) On the day stated in the election timetable, at least two voting officers must visit voters who had successfully applied to cast their special votes at their places of residence, to afford them the opportunity to cast their votes there.

(2) On the day stated in the election timetable, voters who had successfully applied to cast their special votes at the voting station may visit the station between 08h00 and 17h00 to cast their special votes.

(3) On production of the voter’s identity document and if the voting or presiding officer is satisfied that the voter is the person described in the identity document and that the voter’s application for a special vote had been approved—

(a) the voter’s identity document and hand are marked in the manner prescribed in section 50 of the Act and regulation 18B respectively;

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(b) the voter is handed a ballot paper or papers marked on the back for the elections in that voting district;

(c) the voter is allowed to mark the ballot paper or papers in secret and to place and seal them in an unmarked envelope which is in turn placed and sealed in another envelope marked on the outside with the voter’s name and identity number; and

(d) the envelope is placed and securely kept in a sealed ballot box for special votes after the voter’s name on the voters’ roll has been marked with the letters SV.

(4) The presiding officer must keep a record of all approved applications for special votes and special votes cast.

28D. Counting of Special Votes.—(1) During the course of voting day, the ballot box for special votes is opened and each marked envelope is scrutinised and compared with the marked voters’ roll and the record of approved applications for special votes.

(2) If no irregularity is detected that renders the special vote unacceptable, the marked envelope is opened, the unmarked envelope inside is removed and is placed unopened in the ordinary ballot box then in use in the voting station.

(3) Once that ballot box is opened for counting, the unmarked envelopes are opened, the ballot papers removed, mixed with the ballot papers from the ballot box and counted together.

28E. Application of the Provisions of the Act and the Regulations.—Whenever appropriate and within the context of the regulations in this Part, the provisions of the Act and of the Regulations relating to voting, the counting of

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votes, party agents, observers, voting stations, voting materials, officers and their powers and duties, objections, prohibited conduct, enforcement, offences and penalties apply, unless clearly inconsistent with these regulations, to all special voting procedures.

PART VII: GENERAL PROVISIONS

29. Offences and penalties.—(1) No person may make a false statement or furnish false particulars in any applica-tion or other document prescribed by these Regulations.

(2) No person may make a photographic or any other form of image of a ballot paper which has been marked by a voter on election day or on a day on which special votes are cast.

(3) Any person who contravenes subregulations (1) or (2) is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year or to both such fine or imprisonment.


29A. Address of the Commission’s national office.—The prescribed address of the Commission’s national office referred to in sections 14A and 65 of the Act is Election House, Riverside Office Park, 1303 Heuwel Avenue, Centurion, Tshwane.

[R. 29A inserted by r. 9 of GNR.152 of 23 February 2011.]

30. Short title.—These regulations are called the Munici-pal Electoral Regulations, 2000.

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Appendix 1 SWORN OR AFFIRMED STATEMENT IN TERMS OF

SECTION 7 (2) OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT, 2000

(ACT NO. 27 OF 2000) [Appendix 1 substituted by GNR.848 of 2005 and

by Proc R.35 of 27 August 2021.] APPENDIX 1

Electoral Commission

SWORN OR AFFIRMED STATEMENT IN TERMS OF SECTION 7 (2) OF THE LOCAL GOVERNMENT:

MUNICIPAL ELECTORAL ACT, 2000 (ACT NO. 27 OF 2000)

Particulars of Applicant

Full Names

Identity Number

Date of Birth

Physical Address

(where ordinarily resident)

• I hereby declare that I ordinarily reside at my address given above and within the area of the voting district with the number given above.

continued

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123

• I hereby submit the following details that appear .............................................[insert details of document], as proof that I have applied for registration as a voter in that voting district before or on the date of the publication of the notice calling this election/I have no proof that I applied for registration as a voter in that voting district before or on the date of the publication of the notice calling this election. [Delete whichever is not applicable]

Identity Number

Date and time of registration

Voting District Number

• I request that my name be included in the certified segment of the voters’ roll for this voting district.

• I solemnly swear/affirm that all of the above information is true and correct.

............................. ..........................

Signature of Applicant

Date

I, (Presiding Officer name) ...................................................... certify that the deponent has acknowledged that he/she knows and understands the contents of this statement, which was signed and affirmed/sworn to before me at ........................... on this ........... day of ....................................................... 20......... and I have no reason to doubt the correctness of the content of the statement.

........................................................

Signature of Presiding Officer

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Appendix 2

. . . . . .

[Appendix 2 substituted by r. 10 of GNR.152 of 23 February 2011 and deleted by GN 569 of

25 May 2016.]

Appendix 3 NOMINATION OF PARTY LIST CANDIDATES IN TERMS

OF SECTION 14 (1) (a) (ii)-(iv) OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT, 2000

[Appendix 3 substituted by GNR.848 of 2005, by GN 569 of 25 May 2016 and by Proc R.35 of

27 August 2021.] APPENDIX 3


NOMINATION OF PARTY LIST CANDIDATES IN TERMS OF SECTION 14 (1) (a) (ii)-(iv) OF THE

LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT, 2000

Election Date: ............................................................................

Municipality: .............................................................................

Name of Registered Party: ........................................................

I, ............................................................................... (Name of Authorised Party Representative)

ID Number

continued

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Hereby:

1. Undertake to bind the party, its candidates/persons holding political or executive office in the party, its representatives, members and supporters to the Electoral Code of Conduct;

2. Declare that none of the candidates on the party list is disqualified from standing for election in terms of the Consti-tution or any applicable legislation;

3. Warrant that each candidate has signed the Acceptance of Nomination form which this party will make available upon request in terms of s14 (3) and failure to make such sub-mission will result in the candidate(s) being disqualified;

4. Submit herewith proof of payment made in favour of the Electoral Commission as prescribed deposit for contesting the election.

........................... ........................... ......................

Place Signature Date

Contact # (1) ..................... Contact # (2) ...........................

Fax # (Optional) .....................................

Email Address: ..........................................................................

Address: ........................................................................................

.............................................................................................

continued

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PARTY LIST OF CANDIDATES – s14 (1) (a) (ii) OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT, 2000 (ACT NO. 27 OF 2000) Name of Party ........................ Municipality ........................

Order # Identity Number Full Name(s) Surname

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

continued

Regulations

127

17.

18.

19.

20.

NB: A4 paper on which the necessary columns have been drawn may be used if the space provided is inadequate.

Appendix 4 ACCEPTANCE OF NOMINATION BY CANDIDATE ON A

PARTY/WARD LIST OR INDEPENDENT WARD CANDIDATE – SECTION 14 (3) (a)/17 OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT, 1998

(ACT NO. 73 OF 1998) [Appendix 4 substituted by GN 569 of 25 May 2016

and by Proc R.35 of 27 August 2021.] APPENDIX 4


ACCEPTANCE OF NOMINATION BY CANDIDATE ON A PARTY/WARD LIST or INDEPENDENT WARD

CANDIDATE – SECTION 14 (3) (a)/17 OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL

ACT, 1998 (ACT NO. 73 OF 1998)

Election Date

Municipality

continued

Regulations

128

Ward No. (in case of ward candidate)

Name of Registered Party

I, ................................................................................................

(Full names and Surname of Candidate)

ID Number

• Hereby, accept my nomination as a candidate, in terms of sections 14 (3) (a) and/or 17 of the Local Government: Municipal Electoral Act and subscribe to and undertake that I will be bound by the Electoral Code of Conduct; and

• Declare that I am not disqualified from standing for elections in terms of the Constitution or any applicable legislation.

........................................ .............................................

Date Candidate Signature

Regulations

129

Appendix 5 CERTIFICATE TO PERSONS WHOSE NAMES APPEAR

ON PARTY LISTS ISSUED IN TERMS OF SECTION 15 (3) OF THE LOCAL GOVERNMENT: MUNICIPAL

ELECTORAL ACT, 2000 (ACT NO. 27 OF 2000)

ELECTORAL COMMISSION

CERTIFICATE TO PERSONS WHOSE NAMES APPEAR ON PARTY LISTS ISSUED IN TERMS OF SECTION 15 (3) OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT, 2000

(ACT NO. 27 OF 2000)

Election date: __________________________________________

It is hereby certified that the name of ............................................whose Identity number is .............................................................appear on the list of the ................................Party contesting theabovementioned election.

Place: .................................... ................................................ Signature of duly authorised

representative of the Commission

Date: ..................................... ................................................ Designation

Reference Number:

NB: Areas shaded in grey are for

IEC official use only

Regulations

130

Appendix 6 NOMINATION OF INDEPENDENT WARD CANDIDATE IN

TERMS OF SECTION 17 (1) AND ACCEPTANCE OF NOMINATION IN TERMS OF SECTION 17 (2) OF THE

LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT, 2000 (ACT NO. 27 OF 2000)

[Appendix 6 substituted by r. 10 of GNR.152 of 23 February 2011 and by GN 569 of 25 May 2016.]

APPENDIX 6


SOUTH AFRICA

NOMINATION OF INDEPENDENT WARD CANDIDATE IN TERMS OF SECTION 17 (1) AND ACCEPTANCE OF NOMINATION IN TERMS OF

SECTION 17 (2) OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT, 2000

(ACT NO. 27 OF 2000)

Election Date: ________________________________________

Municipality: _______________________ Ward # __________

I, ______________ (Nominator in case of Independent Candidate)

ID Number hereby nominate:

Independent Candidate: __________ Signature: ___________

continued

Regulations

131

ID Number

Contact Number _____________________________________

E-mail address ______________________________________

to contest the above mentioned elections as an independent ward candidate in the above-mentioned ward.

The candidate:

1. Has accepted his/her nomination as independent ward candidate by signature appended above;

2. Undertakes to be bound by the Electoral Code of Conduct,

3. Declares that he/she is not disqualified from standing for election in terms of the Constitution or any applicable legislations,

4. Submits the following:

(a) a copy of the page of the candidate’s identity document on which the candidate’s photo, name and identity number appears;

(b) An A5 sized head and shoulders picture of candi-date;

(c) Signatures of voters supporting the nomination of an Independent Candidate (50 signatures);

(d) Proof of payment made in favour of the Electoral Commission as prescribed deposit for contesting the election.

_________________ _________________ ________________


continued

Regulations

132

Contact # (1) _______________ Contact # (2) _____________

Fax (Optional) _____________

Email Address: _______________________________________

Address: __________________________________________

__________________________________________

SIGNATURES OF VOTERS CONCERNING THE NOMINATION OF AN INDEPENDENT WARD CANDIDATE IN TERMS OF

SECTION 17 (2) (a) OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT, 2000 (ACT NO. 27 OF 2000)

Election Date ______________ Municipality ______________

Name of Candidate _________ Ward # __________________

Identity Number Full Name(s)

Sur-name

Signa-ture

1.

2.

3.

4.

5.

6.

7.

continued

Regulations

133

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.


Page …… of ……

Regulations

134

Appendix 7 NOMINATION OF WARD CANDIDATE REPRESENTING A

PARTY IN TERMS OF s17 (1) OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT, 2000

[Appendix 7 substituted by reg. 10 of GNR.152 of 23 February 2011, by GN 569 of 25 May 2016

and by Proc R.35 of 27 August 2021.] APPENDIX 7


NOMINATION OF WARD CANDIDATE REPRESENTING A PARTY

IN TERMS OF s17 (1) OF THE LOCAL GOVERNMENT: MUNICIPAL

ELECTORAL ACT, 2000

Election Date: ............................................................................

Municipality: .............................................................................

Name of Registered Party: ........................................................

I, ....................................................... (Name of Authorised Party Representative)

ID Number

continued

Regulations

135

Hereby:

1. Undertake to bind the party, its candidates persons holding political or executive office in the party, its representatives, members and supporters to the Electoral Code of Conduct;

2. Declare that none of the ward candidates on the list is disqualified from standing for election in terms of the Consti-tution or any applicable legislation;

3. Warrant that each candidate has signed the Acceptance of Nomination form which this party will make available upon request in terms of s17(2A) and failure to make such sub-mission will result in the candidate(s) being disqualified;

4. Submit proof of payment made in favour of the Electoral Commission as prescribed deposit for contesting the election.

............................... ................................ ...............................


Contact # (1) ........................ Contact # (2) ............................... Fax # (Optional) ................................... Email Address: ......................................................................... Address: ..................................................................................................

.................................................................................................. continued

Regulations

136

PARTY LIST OF WARD CANDIDATES – s17 (1) OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT, 2000 (ACT NO. 27 OF 2000)

Name of Party ....................... Municipality .....................

Ward # Identity Number Full Name(s)

Surname

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

35.

36.

continued

Regulations

137

37.

38.

39.

40.


(Editorial Note: Numbering as per original Government Gazette.)

Appendix 8

. . . . . . [Appendix 8 deleted by GN 569 of 25 May 2016.]

Appendix 9

. . . . . . [Appendix 9 substituted by r. 10 of GNR.152 of 23 February 2011 and deleted by GN 569 of

25 May 2016.]

Regulations

138

Appendix 10 CERTIFICATE ISSUED TO WARD CANDIDATES IN

TERMS OF SECTION 18 (1) (d) OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL

ACT, 2000 (ACT NO. 27 OF 2000)


CERTIFICATE ISSUED TO WARD CANDIDATES IN TERMS OF SECTION 18 (1) (d) OF THE LOCAL GOVERNMENT: MUNICIPAL


Election date:___________ Municipality: _______________

Ward: _____________________

It is hereby certified that ............................................. (name ofcandidate) with Identity number ........................................ has beenduly nominated to stand as an independent ward candi-date/candidate representing the .................................. Party in theabovementioned election.

Place: _______________ _____________________ Signature of duly authorised

representative of the Commission

Date: _______________ _____________________ Designation

Reference Number:

NB: Areas shaded in grey are for

IEC official use only

Regulations

139

Appendix 11 DECLARATION OF SECRECY IN TERMS OF SECTION

37 (4) OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT, 2000 (ACT NO. 27 OF 2000)


DECLARATION OF SECRECY IN TERMS OF SECTION 37 (4) OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT,

2000 (ACT NO. 27 OF 2000)

Election date: ____________________________

I, ..................................... (full names) about to be appointed as anofficer in the capacity of .................................

1. acknowledge that I will be involved in the business of theElectoral Commission;

2. acknowledge that in my position as local electoral staff member,information and documentation regarding the business of theElectoral Commission will be disclosed to me;

3. agree and confirm that I will treat all such information anddocumentation in the strictest confidence and that I will protectit and not disclose it to any person, unless authorised to do so;

4. confirm that I will be bound by this Declaration of Secrecynotwithstanding the termination of my appointment.

_________________________ ________________________ Signature Date

WITNESSESS:

____________________

____________________

Regulations

140

Appendix 12 APPOINTMENT AND NOTICE OF APPOINTMENT OF AN

AGENT IN TERMS OF SECTION 39 (4) (a) OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT,

2000 (ACT NO. 27 OF 2000)

[Appendix 12 substituted by r. 10 of GNR.152 of 23 February 2011.]

APPENDIX 12

SOUTH AFRICA


APPOINTMENT AND NOTICE OF APPOINTMENT OF AN AGENT IN TERMS

OF SECTION 39 (4) (a) OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL

ACT, 2000 (ACT NO. 27 OF 2000)

Election Date:

Municipality: Ward:

I, (Full names),

the undersigned, in my capacity as

(Designation)

on behalf of and duly authorised by the

(Party)

hereby appoint and give notice that the party has appointed the following person as an agent:

OR

continued

Regulations

141

I, (Full names), an independent

ward candidate, hereby appoint and give notice that I have appointed the following person as my agent:

DETAILS OF AGENT

Identity Number:

Full names:

Voting station/s:

Counting venue/s:

Signature of agent:

Date Signature of Party Representative / Independent Candidate

Contact particulars of Party Representative / Independent Candidate

Mobile number:

Office number:

Regulations

142

Appendix 13

. . . . . . [Appendix 13 deleted by r. 10 of GNR.152 of

23 February 2011.]

Appendix 14 REVOCATION AND NOTICE OF REVOCATION OF

APPOINTMENT OF AN AGENT IN TERMS OF SECTION 39 (4) (b) OF THE LOCAL GOVERNMENT: MUNICIPAL


[Appendix 14 substituted by r. 10 of GNR.152 of 23 February 2011.]

APPENDIX 14

SOUTH AFRICA


REVOCATION AND NOTICE OF REVOCATION OF APPOINTMENT OF AN AGENT IN TERMS OF SECTION 39 (4) (b)

OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT, 2000

(ACT NO. 27 OF 2000)

Election Date:

Municipality: Ward:

I, (Full names), the

undersigned, in my capacity as (Designation) continued

Regulations

143

on behalf of and duly authorised by the (Party)

hereby revoke the appointment of and give notice that the appointment of the following person as an agent has been revoked:

OR

I, (Full names),

an independent ward candidate, hereby revoke the appointment of and give notice that the appointment of the following person as my agent has been revoked:

DETAILS OF AGENT

Identity Number:

Full names:

Voting station/s:

Counting venue/s:

Signature of Party Representa-tive/ Independent Candidate

Date

Contact particulars of Party Representative/Independent Candi-date

Mobile number: Office number:

Regulations

144

Appendix 15

. . . . . . [Appendix 15 deleted by r. 10 of GNR.152 of

23 February 2011.]

Appendix 16 APPLICATION FOR ACCREDITATION AS OBSERVER IN

TERMS OF SECTION 41 (1) OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT, 2000

(ACT NO. 27 OF 2000)


APPLICATION FOR ACCREDITATION AS OBSERVER IN TERMS OF SECTION 41 (1) OF THE LOCAL GOVERNMENT: MUNICIPAL


Application in respect of all the municipal elections to takeplace on _____________________________________________

(Date of election)

1.1 Name of Applicant: 1.2 Address of Registered

Office of Applicant

............................................. .............................................

............................................. .............................................

1.3 Telephone Number: 1.4 Facsimile Number (if any):

............................................. .............................................

continued

Regulations

145

1.5 E-mail Address (if any):

..........................................

1.6 Registration Number of Applicant (if applicable):

1.7 Date of Founding:

............................................. ............................................

1.8 Number of persons that will be appointed as observers:

1.9 Person in charge of co-ordinating the appli-cant’s observers:

............................................. ............................................

1.10 Mark or Symbol of applicant:

1.11 Particulars of persons appointed by applicant:

Name CapacityIdentity/ Passport Number

Nationality

Date of arrival in and departure from

South Africa (if applicable)

.............. ........... ................. .............. ........................

.............. ........... ................. .............. ........................

.............. ........... ................. .............. ........................

.............. ........... ................. .............. ........................

.............. ........... ................. .............. ........................

continued

Regulations

146

.............. ........... ................. .............. ........................

.............. ........... ................. .............. ........................

.............. ........... ................. .............. ........................

.............. ........... ................. .............. ........................

.............. ........... ................. .............. ........................

.............. ........... ................. .............. ........................

.............. ........... ................. .............. ........................ NB. If the space is insufficient, fullscape paper on which thenecessary columns have been drawn, may be used.

Supporting Documents:

The application must be accompanied by the following:

(a) Copy of deed of foundation or constitution of the applicant.

(b) A statement of the reasons why the applicant is suitable foraccreditation to observe the election process.

(c) An affirmation that the applicant commits itself to co-operatewith the Commission in relation to the training, conduct anddeployment of persons.

We hereby apply for accreditation as observer and certify that theparticulars furnished in this form and the supporting documents aretrue and correct, and certify that all persons appointed by us willsubscribe to the Code of Conduct for Observers. _________________________________ ______________ Signature of duly authorised person on behalf of applicant

Date

_________________________________ Capacity:_______ Name

Regulations

147

Appendix 17 APPLICATION FOR ACCREDITATION FOR VOTER

EDUCATION IN TERMS OF SECTION 43 (1) OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL

ACT, 2000 (ACT NO. 27 OF 2000)


APPLICATION FOR ACCREDITATION FOR VOTER EDUCATION IN TERMS OF SECTION 43 (1) OF THE LOCAL GOVERNMENT:


Application in respect of all the municipal elections to takeplace on _____________________________________________

(Date of election)

Notes: (i) The original application must be submitted to the Commis-

sion.

(ii) Where the required information cannot be furnished in thespace provided, the information must be submitted as aseparate memorandum and attached hereto.

(iii) Delete if not applicable. 1. PARTICULARS REGARDING THE APPLICANT

1.1 Full name: ....................................................................... 1.2 Trade name: ...................................................................

continued

Regulations

148

1.3 Full business/residential address: ............................................ ............................................ ............................................

1.4 Postal address: ............................................. ............................................. ............................................. Postal code: ..........................

1.5 Telephone number: ............................................

1.6 Facsimile number (if any) ..........................................

1.7 Cellular phone number (if any): ...................................

1.8 E-mail address (if any) .........................................

1.9 Legal status of applicant/holder (individual/close corpora-tion/company/trust/other – specify): .......................................... ...............................................................................................

1.10 Registration number in the case of a close corpora-tion/company/trust: .................................................................

1.11 Full particulars in respect of the individual/each responsible director/shareholder/member/ office bearer:

Name Capacity Identity number Nationality

Country of permanent residence

.................. ............ ................ ................ ................

.................. ............ ................ ................ ................

.................. ............ ................ ................ ................

continued

Regulations

149

2. PERSONAL CAPACITY

2.1 Number of education providers in your service: 2.2 Full particulars of education providers in the area of voter education or electoral administration matters:

Full Names Position Qualification

........................... ........................... ...........................

........................... ........................... ...........................

........................... ........................... ...........................

........................... ........................... ...........................

2.3 Full particulars of management, financial and administrative skills:

...............................................................................................

...............................................................................................

...............................................................................................

...............................................................................................

2.4 Full particulars regarding banking accounts, auditors and financial management, auditing and public Accounting systems maintained.

...............................................................................................

...............................................................................................

...............................................................................................

...............................................................................................

...............................................................................................

continued

Regulations

150

3. INSTITUTIONAL CAPACITY

3.1 Facilities:

Library Audio Visual

Training Centre Conference Other

(specify)

................ ................ ................ ................ ................

................ ................ ................ ................ ................

................ ................ ................ ................ ................

................ ................ ................ ................ ................

3.2 Training aids:

Audio Visual Industrial Theatre Brochures Other (specify)

.................... .................... .................... ....................

.................... .................... .................... ....................

.................... .................... .................... ....................

.................... .................... .................... ....................

3.3 Language in which material is available: ............................

................................................................................................

3.4 Source of funding: ............................................................

...............................................................................................

continued

Regulations

151

4. VOTER EDUCATION CURRICULUM AND SYLLABUS

4.1 Aims: .............................................................................

4.2 Objectives: .....................................................................

4.3 Projected target groups (category of persons to be trained):

................................................................................................

4.4 Geographical scope of operation: .....................................

4.5 Course particulars:

Module Con-

tents of syllabus

Method-ology

Learner achieve

ment

Evalua-tion

mecha-nism

Duration of

course

1 .............. .............. .............. .............. ..............

2 .............. .............. .............. .............. ..............

3 .............. .............. .............. .............. ..............

4 .............. .............. .............. .............. ..............

5 .............. .............. .............. .............. ..............

6 .............. .............. .............. .............. ..............

7 .............. .............. .............. .............. ..............

8 .............. .............. .............. .............. ..............

9 .............. .............. .............. .............. ..............

10 .............. .............. .............. .............. ..............

continued

Regulations

152

5. SUPPORTING DOCUMENTS

The following documents are attached in support of the applica-tion:

1. ...........................................................................................

2. ...........................................................................................

3. ...........................................................................................

4. ...........................................................................................

I hereby apply for accreditation to provide voter education in anelection and—

(a) certify that the particulars furnished in this form and thesupporting documents are true and correct; and

(b) certify that I subscribed to the Code for Accredited VoterEducation Providers and undertake to ensure that personsappointed by me to provide voter education also subscribe tothat Code.

Date: ................................... ............................. (signed)

Name: Capacity:

Regulations

153

Appendix 18 OBJECTION CONCERNING VOTING IN TERMS OF

SECTION 51 (1), (2) OR (3) OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT, 2000

(ACT NO. 27 OF 2000)


OBJECTION CONCERNING VOTING IN TERMS OF SECTION 51 (1), (2) OR (3) OF THE LOCAL GOVERNMENT: MUNICIPAL


Election date: ___________ Municipality: ________________

Voting District: __________ Ward: ______________________

Objector

Identity number: Full Names Party/Agent/Ward Candidate/ Voter: (Where applicable)

I object to:

A voter being allowed to vote A voter being allowed to vote at this station A voter (or myself) being refused a ballot paper

continued

Regulations

154

The conduct of an officer, an agent or other person at thisvoting station

Reasons for objection (giving full particulars of voter, officer,agent or other person involved) __________________________________________________________________________________________________________

_____________________________________________________

............................................. ..................................... Signature of Objector Date

Presiding Officer’s decision __________________________________________________________________________________________________________

____________________________________________________

............................................ ........................... Signature of Objector Date

Regulations

155

Appendix 18A OBJECTION TO THE COMMISSION IN TERMS

OF SECTION 51 (1A) [Appendix 18A inserted by Proc R.35 of

27 August 2021.]

APPENDIX 18A


OBJECTION TO THE COMMISSION IN TERMS OF SECTION 51 (1A)

Election Date: ............... Voting District Number:

Municipality: ................. Ward number:

Objector

Surname

Full Names

Identity Number

Contact Details

Agent/ward candidate

continued

Regulations

156

My objection concerns: A voter was included on the relevant voters’ roll due to

fraud

Exceptional circumstances exist for the objection being made outside the period referred to in terms of section 11 (3)

Reasons for objection (including giving full particulars of the voter/s)

............................................. .................................

Objector’s Signature Date

Electoral Commission’s decision

............................ ...............................

Signature Date

Regulations

157

Appendix 19 PRESIDING OFFICER’S BALLOT PAPER STATEMENT IN

TERMS OF SECTION 53 (a) OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT, 2000

(ACT NO. 27 OF 2000)


PRESIDING OFFICER’S BALLOT PAPER STATEMENT IN TERMS OF SECTION 53 (a) OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT, 2000 (ACT NO. 27 OF 2000)

Election date:__________ Municipality: _______________

Voting District:_________ Ward:_____________________

Voting Station: _______________________________________

PART 1: BALLOT BOXES

Total number of ballot boxes received

Number of ballot boxes used

Number of unused ballot boxes

Used plus unused must equal total received

continued

Regulations

158

PART 2: BALLOT PAPERS

Metro Council Ballot Paper

Local Council Ballot Paper

District Council Ballot Paper

DMA Ballot Paper

Ward Ballot Paper

(a) Total No. of ballot papers received

(a) (a) (a) (a) (a)

(b) Total No. of ballot papers issued

(b) (b) (b) (b) (b)

(c) Total No. of ballot papers unissued

(c) (c) (c) (c) (c)

(d) Total (b) + (c)

(d) (d) (d) (d) (d)

(e) Total No. of ballot papers cancelled

(e) (e) (e) (e) (e)

(f) Total of ballot papers in the used boxes

(f) (f) (f) (f) (f)

continued

Regulations

159

(g) Total (e) + (f)

NOTE: The figures at column (d) should be the same as that in column (a).

The figures at column (g) should be the same as that at column (b).

................................... .......................................... Signature of Presiding Officer

Date

Appendix 20A RESULTS FORM TO BE COMPLETED BY COUNTING

OFFICER IN RESPECT OF VOTES CAST FOR PARTIES CONTESTING AN ELECTION ON PARTY LISTS - SECTION 63 (1) OF THE LOCAL GOVERNMENT:



RESULTS FORM TO BE COMPLETED BY COUNTING OFFICER IN RESPECT OF VOTES CAST FOR PARTIES CONTESTING AN ELECTION ON PARTY LISTS - SECTION 63 (1) OF THE LOCAL

GOVERNMENT: MUNICIPAL ELECTORAL ACT, 2000 (ACT NO. 27 OF 2000)

Election date: ___________ Municipality: ______________

District Management Area [If applicable]: __________________

Voting District: _________________________________________

continued

Regulations

160

RESULTS OF COUNT

PARTY NAME NUMBER OF VOTES SIGNATURE OF PARTY AGENTS

Signature of Counting Officer:

Name of Counting Officer: Identity number:

Date: Telephone contact number:

After Hours contact number:

Regulations

161

Appendix 20B RESULTS FORM TO BE COMPLETED BY COUNTING

OFFICER IN RESPECT OF VOTES CAST FOR CANDIDATES IN WARD BALLOT IN TERMS OF 63 (1) (b)

OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT, 2000 (ACT 27 OF 2000)

[Appendix 20B substituted by r. 10 of GNR.152 of 23 February 2011.]

APPENDIX 20B

SOUTH AFRICA


RESULTS FORM TO BE COMPLETED BY COUNTING OFFICER IN RESPECT OF VOTES

CAST FOR CANDIDATES IN WARD BALLOT IN TERMS OF 63 (1) (b) OF THE LOCAL

GOVERNMENT: MUNICIPAL ELECTORAL ACT, 2000 (ACT 27 OF 2000)

Election Date:

Municipality Name:

Voting district number:

Ward:

VOTING DISTRICT COUNTS

Candidate’s name

Party abbreviation or Independent

Number of votes

Signatures of Agents

continued

Regulations

162

Signature of Counting Officer:

Name of Counting Officer: Identity Number:

Telephone Contact Number:

Regulations

163

Appendix 21 RECORD OF OBJECTIONS IN TERMS OF SECTION 62 (6) OF THE LOCAL GOVERNMENT: MUNICIPAL



RECORD OF OBJECTIONS IN TERMS OF SECTION 62 (6) OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT,

2000 (ACT NO. 27 OF 2000)

Election date: ______________ Municipality: _____________

Voting District: _____________ Ward: ___________________

NUMBER OBJECTION BY DECISION

......................................... .......................................... Signature of Presiding Officer Date

Regulations

164

Appendix 22A RECORDING OF THE DETERMINATION OF THE

RESULTS OF AN ELECTION IN TERMS OF SECTION 64 (1) (b) OF THE LOCAL GOVERNMENT: MUNICIPAL

ELECTORAL ACT, 2000 (ACT 27 OF 2000)

[Appendix 22A substituted by r. 10 of GNR.152 of 23 February 2011.]

APPENDIX 22A

SOUTH AFRICA


RECORDING OF THE DETERMINATION OF THE RESULTS OF AN ELECTION IN

TERMS OF SECTION 64 (1) (b) OF THE LOCAL GOVERNMENT: MUNICIPAL


(Metropolitan Councils and Local Councils)

Election Date:

Municipality Name:

Total number of Seats:

Seats allocated to parties

Councillors elected for wards

Name of party

Number of seats

Ward No.

Name of councillor

Party abbrevia-tion or

Independent

continued

Regulations

165

Signature of local repre-sentative of Commission

determining, recording and declaring the results of the

election

Name

Identity number

Telephone Contact Number After Hours Contact Number

Date:

Regulations

166

Appendix 22B RECORDING OF THE DETERMINATION OF THE



[Appendix 22B substituted by r. 10 of GNR.152 of 23 February 2011.]

APPENDIX 22B


SOUTH AFRICA

RECORDING OF THE DETERMINATION OF THE RESULTS OF AN ELECTION IN TERMS

OF SECTION 64 (1) (b) OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL

ACT, 2000 (ACT 27 OF 2000)

(District Councils and District Management Areas)

Election Date:

Municipality Name:

Seats allocated to parties in the municipality

Seats allocated to parties in District Management Area

Name of Party

Number of seats

Name of party

Number of seats

continued

Regulations

167

Signature of local representa-tive of Commission appointed to declare the results in terms of section 64 (c) of the Act

Name

Identity number


Date:

Regulations

168

Appendix 22C RECORDING OF THE DETERMINATION OF THE


ELECTORAL ACT, 2000 (ACT 27 OF 2000) [Appendix 22C inserted by GN 569 of

25 May 2016.] APPENDIX 22C

SOUTH AFRICA


RECORDING OF THE DETERMINATION OF THE RESULTS OF AN ELECTION IN TERMS OF

SECTION 64 (1) (b) OF THE LOCAL GOVERNMENT: MUNICIPAL


BY-ELECTION IN METROPOLITAN COUNCILS AND LOCAL COUNCILS

Election Date:

Municipality Name:

Ward No. Name of councillor

Party abbreviation or

Independent

continued

Regulations

169

Signature of local repre-sentative of Commission

determining, recording and declaring the results of the

election

Name

Identity number


Date:

Regulations

170

Appendix 23 DECLARATION OF SECRECY AND UNDERTAKING

BY ELECTION OFFICERS [Appendix 23 inserted by GNR.848 of 2005.]


DECLARATION OF SECRECY AND UNDERTAKING BY ELECTION OFFICERS

(Section 37 (4) of the Local Government: Municipal Electoral Act, 2000)

I, ....................................................................... (Name) Identity number ...................................................., to be or having been appointed as an officer in the election of all municipal councils to take place on the ......... of.............................................. 20........, (date), hereby undertake to be bound by the Code for Election Officers compiled and issued by the Commission and that I will maintain the confidentiality of any electoral information that may become available to me.

Signed at ......................... on this ........day of ............................. 20................

Signature:................................ Witness: ...............................

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Appendix 24 CENTRAL PAYMENT OF DEPOSITS: NOTICE IN TERMS

OF SECTION 14A OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT, 2000

(ACT NO. 27 OF 2000) [Appendix 24 inserted by r. 10 of GNR.152 of

23 February 2011.] APPENDIX 24

SOUTH AFRICA


CENTRAL PAYMENT OF DEPOSITS: NOTICE IN TERMS OF SECTION 14A OF THE LOCAL


Election Date:

Name of Party:

NAME OF MUNICIPALITY

MUNICIPAL CODE

CATEGORY AMOUNT

1

2

3

4

5

6

continued

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172

7

8

9

10

TOTAL

Name of Duly Authorized Party Representative

Date:

Tel: Office Number:

Mobile Number:

Fax Number: E-mail Address:

Page …… of ……

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173

Appendix 25 APPLICATION FOR SPECIAL VOTE IN TERMS OF

SECTION 55 OF THE LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT, 2000

(ACT NO. 27 OF 2000) [Appendix 25 inserted by r. 10 of GNR.152 of

23 February 2011.] APPENDIX 25

SOUTH AFRICA


APPLICATION FOR SPECIAL VOTE IN TERMS OF SECTION 55 OF THE LOCAL


Election Date:

Municipality Name:

Voting District No.

Particulars of applicant

Identity number:

Surname:

Names:

continued

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174

Residential address:

Mobile number:

Landline number:

E-Mail address

I declare that I am unable to cast my vote at my voting station on voting day in the voting district where I am regis-tered as a voter and hereby apply to cast a special vote at my voting station prior to voting day on the day stated in the election timetable.

OR

I declare that I cannot travel to my voting station due to my physical infirmity or disability and hereby apply to be afforded the opportunity to cast a special vote at the place where I reside within my voting district.

Signature of Applicant Date

continued

Regulations

175

OFFICIAL USE ONLY

Application for special vote at voting station:

Application for home visit:

Applicant is registered in VD

YES NO Applicant is regis-tered in VD

YES NO

VD No. VD No.

Application approved

YES NO Resides in VD

YES NO

Applica-tion Approved

YES NO

Signature of Official Date

Schedule B CODE OF CONDUCT FOR ACCREDITED OBSERVERS

1. Every accredited observer and person appointed by the observer must—

1.1 Observe the election impartially and inde-pendently of any registered party or candidate contesting the election.

1.2 Remain non-partisan and neutral. 1.3 Be competent and professional in observing the

election.

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176

1.4 Provide the Commission with a comprehensive review of the elections taking into account all relevant circumstances including—

(a) the degree of impartiality shown by the Commission;

(b) the degree of freedom of political parties to organise, move, assemble and ex-press their views publicly;

(c) the opportunity for political parties to have their agents observe all aspects of the electoral process;

(d) the fairness of access for political parties to national media and other re-sources of the state;

(e) the proper conduct of polling and counting of votes; and

(f) any other issue that concerns the essential freedom and fairness of the election.

1.5 Comply with all instructions given and every obligation imposed by—

(a) the Commission; (b) any electoral officer; or (c) any employee or officer of the Commis-

sion; or (d) a member of the security services acting

on the instructions of an officer. 2. The accredited observer and any person appointed by

that observer should— 2.1 Avoid doing anything that would indicate or be

seen as indicating partisan support for a candi-date or registered party.

2.2 Act in a strictly neutral and unbiased manner.

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177

2.3 Disclose to the Commission any relationship that could lead to conflict of interest regarding the performance of their duties as observers or with the process of observation or assessment of the election.

2.4 Not accept any gifts or favour from a political party, organisation or person involved in the election process.

2.5 Not participate in any function or activity that could lead to a perception of sympathy for a particular candidate or political party.

2.6 Not express a view or opinion on any matter, which is the subject of electoral campaigning.

2.7 Not influence or attempt to influence the choice of a voter regarding any registered party or candidate in an election.

2.8 Not wear, carry, or display any registered party's symbols or colours.

Schedule C CODE FOR ACCREDITED VOTER EDUCATION

PROVIDERS

1. Every accredited voter education provider must—

1.1 inform and make voters aware of their protected right to freedom of conscience and belief, free-dom of speech and expression, freedom of association and peaceful assembly, freedom of movement and of the right to participate freely in peaceful political activities;

1.2 respect the right of voters to elect a party of their choice by using an impartial training method;

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178

1.3 ensure that voters are informed and made aware thereof that political parties and the media are free to impart information and opinion;

1.4 always act in a non-partisan manner and be free of any influence or control by any political party or organisation; and

1.5 strive to promote democratic pluralism and a culture of political tolerance.

2. Every accredited voter education provider must— 2.1 keep such books of account that are reasonably

necessary; and 2.2 use funds received only for the purpose for

which it was appropriated. 3. No accredited voter education provider may— 3.1 misuse any funds received for the purpose of

voter education; 3.2 attempt to ascertain for which candidate or

party any voter intends to vote; 3.3 induce, influence, persuade or procure a voter to

register for or vote in an election, in the know-ledge that such voter is not entitled to register or vote in the election concerned;

3.4 influence or attempt to influence the choice of a voter regarding any party or candidate in an election;

3.5 publish, repeat or disseminate in any manner whatsoever false information; and

3.6 obstruct or interfere with the work of any official or representative of the Commission.

4. Accredited voter education providers must— 4.1 act in a strictly neutral and unbiased manner in

every matter concerning a political party, candi-date or voter;

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179

4.2 do nothing that could indicate, or be seen as indicating, partisan support for a candidate or political party;

4.3 not accept any gift or favour from a political party or any person involved in the election pro-cess; and

4.4 not wear, carry or display any obviously partisan party symbols or colours.

ELECTORAL COMMISSION ACT

NO. 51 OF 1996

183

ELECTORAL COMMISSION ACT NO. 51 OF 1996

[ASSENTED TO 27 SEPTEMBER, 1996] [DATE OF COMMENCEMENT: 17 OCTOBER, 1996]

(Unless otherwise indicated)

(Afrikaans text signed by the President)

This Act has been updated to Government Gazette 45060 dated 27 August, 2021.

as amended by Local Government: Municipal Structures Act,

No. 117 of 1998 [with effect from 1 February, 1999]

Local Government: Municipal Electoral Act, No. 27 of 2000 Electoral Laws Amendment Act, No. 34 of 2003

Electoral Commission Amendment Act, No. 14 of 2004 Electoral Laws Amendment Act, No. 1 of 2019

Determination of Remuneration of Office-Bearers of Independent Constitutional Institutions Laws

Amendment Act, No. 22 of 2014 [with effect from 1 April, 2019]

Electoral Laws Amendment Act, No. 4 of 2021 [with effect from 27 August, 2021]

ACT

To make provision for the establishment and composition of an Electoral Commission to manage elections for national, provincial and local legislative

Electoral Commission Act

184

bodies and referenda; and to make provision for the establishment and composition and the powers, duties and functions of an Electoral Court; and to provide for matters in connection therewith.

ARRANGEMENT OF SECTIONS [Arrangement of sections amended by s. 93 of

Act No. 27 of 2000.]

CHAPTER 1 INTERPRETATION AND APPLICATION OF ACT

Page 1. Definitions .................................................. 186 2. Application of Act ....................................... 187

CHAPTER 2 ELECTORAL COMMISSION

3. Establishment of Commission ................... 188 4. Objects of Commission .............................. 188 5. Powers, duties and functions of Commis-

sion ............................................................ 188 6. Composition of Commission and appoint-

ment of commissioners .............................. 190 7. Terms of office, salary, allowances and

benefits, removal from office and suspen-sion of commissioners ............................... 192

8. Chairperson of Commission ...................... 194 9. Conduct of commissioners ........................ 194 10. Disclosure of conflicting interests .............. 195 11. Meetings of Commission ........................... 196

Electoral Commission Act

185

CHAPTER 3 ADMINISTRATION, STAFF AND ACCOUNTABILITY

OF COMMISSION Page

12. Administration and staff of Commission .... 197 13. Finances and auditing ............................... 198 14. Reports by Commission ............................ 199

CHAPTER 4 REGISTRATION OF PARTIES

15. Registration of parties ................................ 199 15A. . . . . . . ........................................................ 202 16. Prohibition on registration of party under

certain circumstances ................................ 202 16A. Change of party’s name ............................ 204 17. Cancellation of registration of party ........... 205

CHAPTER 5 ELECTORAL COURT

18. Establishment of Electoral Court ............... 206 19. Composition of Electoral Court .................. 206 20. Powers, duties and functions of Electoral

Court .......................................................... 206


21. Offences and penalties .............................. 208 21A. Restriction on use of name ........................ 209 22. Legal proceedings against Commission .... 209 23. Regulations ................................................ 210 24. Repeal of laws, legal succession and

transitional provision .................................. 210 25. Short title and commencement .................. 211 Schedule: Laws repealed ....................................... 211

s. 1 Electoral Commission Act

186

CHAPTER 1 INTERPRETATION AND APPLICATION OF ACT

1. Definitions.—(1) In this Act, unless the context other-wise indicates—

“chairperson” means the chairperson designated in terms of section 8 (1);

“chief electoral officer” means the chief electoral officer appointed in terms of section 12 (1);

“Commission” means the Electoral Commission estab-lished by section 3 (1);

“district municipality” has the meaning assigned to it in section 1 of the Local Government: Municipal Struc-tures Act, 1998 (Act No. 117 of 1998);

[Definition of “district municipality” inserted by s. 1 (a) of Act No. 4 of 2021

w.e.f. 27 August, 2021.]

“election” means any election for a national, provin-cial or local legislative body in terms of any law;

“Electoral Court” means the Electoral Court estab-lished by section 18;

(vA) “Independent Commission” means the Independent Commission for the Remunera-tion of Public Office-bearers established by section 2 of the Independent Commission for the Remuneration of Public Office-bearers Act, 1997 (Act No. 92 of 1997); (ivA).

[Definition of “Independent Commission” inserted by s. 6 of Act No. 22 of 2014.]

(Editorial Note: Numbering as per original Government Gazette.)

Electoral Commission Act ss. 1 – 2

187

“local municipality” has the meaning assigned to it in section 1 of the Local Government: Municipal Struc-tures Act, 1998 (Act No. 117 of 1998);

[Definition of “local municipality” inserted by s. 1 (b) of Act No. 4 of 2021 w.e.f. 27 August, 2021.]

“metropolitan municipality” has the meaning assigned to it in section 1 of the Local Government: Mu-nicipal Structures Act, 1998 (Act No. 117 of 1998);

[Definition of “metropolitan municipality” inserted by s. 1 (b) of Act No. 4 of 2021 w.e.f. 27 August, 2021.]

“party” means any registered party, and includes any organisation or movement of a political nature which publicly supports or opposes the policy, candidates or cause of any registered party, or which propagates non-participation in any election;

“political office” means any executive appointment or elected office, including any elected or nominated public representative of a party, whether involving remu-neration or not, or any other paid office, in the service of a party;

“prescribe” means prescribe by regulation; “registered party” means any party registered in

terms of section 15; “regulation” means a regulation made under sec-

tion 23; and “this Act” includes the regulations.

(2) For the purposes of this Act, unless clearly incon-sistent with the context, any reference therein to an elec-tion, shall be construed as to include a referendum declared by the President under section 2 (2).

2. Application of Act.—(1) This Act applies in respect of any election for national, provincial and local legislative bodies, and any referendum referred to in subsection (2).

ss. 2 – 5 Electoral Commission Act

188

(2) Notwithstanding anything to the contrary in any other law contained, the President may, after consultation with the Commission, by proclamation in the Gazette— (a) declare that a referendum shall be held in

order to ascertain the views of voters on a matter specified in the proclamation;

(b) determine that the referendum shall be held in the Republic, or in a part of the Republic specified in the proclamation, on a day or consecutive days and, subject to this Act, dur-ing the hours so specified;

(c) determine who shall be entitled, in accord-ance with this Act, to vote at the referendum; and

(d) determine what question or questions to ascertain the views of voters, must appear on the ballot paper.

CHAPTER 2 ELECTORAL COMMISSION

3. Establishment of Commission.—(1) There is an Electoral Commission for the Republic, which is independ-ent and subject only to the Constitution and the law.

(2) The Commission shall be impartial and shall exer-cise its powers and perform its functions without fear, favour or prejudice.

4. Objects of Commission.—The objects of the Com-mission are to strengthen constitutional democracy and promote democratic electoral processes.

5. Powers, duties and functions of Commission.—(1) The functions of the Commission include to— (a) manage any election; (b) ensure that any election is free and fair;

Electoral Commission Act s. 5

189

(c) promote conditions conducive to free and fair elections;

(d) promote knowledge of sound and democratic electoral processes;

(e) compile and maintain voters’ rolls by means of a system of registering of eligible voters by utilising available data and information fur-nished by voters, as prescribed;

[Para. (e) substituted by s. 1 of Act No. 1 of 2019.]

(f) compile and maintain a register of parties; (g) establish and maintain liaison and co-operation

with parties; (h) undertake and promote research into electoral

matters; (i) develop and promote the development of

electoral expertise and technology in all spheres of government;

(j) continuously review electoral legislation and proposed electoral legislation, and to make recommendations in connection therewith;

(k) promote voter education; (l) promote co-operation with and between per-

sons, institutions, governments and admin-istrations for the achievement of its objects;

(m) . . . . . . [Para. (m) deleted by s. 94 of Act No. 117

of 1998.]

(n) declare the results of elections for national, provincial and municipal legislative bodies within seven days after such elections;


190

(o) adjudicate disputes which may arise from the organisation, administration or conducting of elections and which are of an administrative nature; and

(p) appoint appropriate public administrations in any sphere of government to conduct elec-tions when necessary.

(2) The Commission shall, for the purposes of the achievement of its objects and the performance of its func-tions— (a) acquire the necessary staff, whether by em-

ployment, secondment, appointment on con-tract or otherwise;

(b) establish and maintain the necessary facilities for collecting and disseminating information regarding electoral matters;

(c) co-operate with educational or other bodies or institutions with a view to the provision of in-struction to or the training of persons in elec-toral and related matters; and

(d) generally, perform any act that is necessary for or conducive to that.

6. Composition of Commission and appointment of commissioners.—(1) The Commission shall consist of five members, one of whom shall be a judge, appointed by the President in accordance with the provisions of this section.

(2) No person shall be appointed as a member of the Commission unless he or she— (a) is a South African citizen; (b) does not at that stage have a high party-

political profile;


191

(c) has been recommended by the National Assembly by a resolution adopted by a majori-ty of the members of that Assembly; and

(d) has been nominated by a committee of the National Assembly, proportionally composed of members of all parties represented in that Assembly, from a list of recommended candi-dates submitted to the committee by the panel referred to in subsection (3).

(3) The panel shall, subject to subsection (6), consist of— (a) the President of the Constitutional Court, as

chairperson; (b) a representative of the Human Rights Com-

mission established by section 115 (1) of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993);

(c) a representative of the Commission on Gen-der Equality established by section 119 (1) of the said Constitution; and

(d) the Public Protector established by section 110 (1) of the said Constitution.

(4) The panel shall submit a list of no fewer than eight recommended candidates to the committee of the National Assembly referred to in subsection (2) (d).

(5) The panel shall act in accordance with the princi-ples of transparency and openness and make its recom-mendations with due regard to a person’s suitability, qualifi-cations and experience.

(6) If any person referred to in subsection (3) (b) to (d) should for any reason not be available to serve on the panel, the chairperson shall, after consultation with the remaining members of the panel, designate any other person as a member of the panel.


192

7. Terms of office, salary, allowances and benefits, removal from office and suspension of commission-ers.—(1) The term of office of a member of the Commis-sion is seven years unless— (a) he or she resigns or dies at an earlier date; (b) he or she is removed from office in terms of

subsection (3); or (c) the President, on the recommendation of the

National Assembly, extends the member’s term of office for a specified period.

[Sub-s. (1) substituted by s. 1 of Act No. 14 of 2004.] (2) The full-time and part-time members of the Com-

mission shall be entitled to such salary, allowances and benefits— (a) as determined by the President, from time to

time, by notice in the Gazette, after taking into consideration the recommendations of the Independent Commission; and

(b) approved by the National Assembly in terms of subsection (2C): Provided that a distinction may be made between commissioners appointed in a full-time and part-time capacity: Provided further that such salary shall not be reduced, nor shall the allowances and bene-fits be adversely altered, during their term of office. [Sub-s. (2) substituted by s. 7 (b) of

Act No. 22 of 2014.] (2A) The Independent Commission shall, when inves-

tigating or considering the salary, allowances and benefits of the members of the Commission, consult with the Cabi-net members responsible for home affairs and for finance.

[Sub-s. (2A) inserted by s. 7 (c) of Act No. 22 of 2014.]


193

(2B) A notice in terms of subsection (2) (a) or any pro-vision thereof may commence with effect from a date speci-fied in the notice, which date may not be more than one year before the date of publication of the notice.

[Sub-s. (2B) inserted by s. 7 (c) of Act No. 22 of 2014.]

(2C) (a) A notice issued under subsection (2) (a) shall be submitted to the National Assembly for approval before publication thereof.

(b) The National Assembly shall, by resolution— (i) approve the notice, whether in whole or in

part; or (ii) disapprove the notice.

[Sub-s. (2C) inserted by s. 7 (c) of Act No. 22 of 2014.]

(3) A commissioner may— (a) only be removed from office by the Presi-

dent— (i) on the grounds of misconduct, incapacity

or incompetence; (ii) after a finding to that effect by a commit-

tee of the National Assembly upon the recommendation of the Electoral Court; and

(iii) the adoption by a majority of the mem-bers of that Assembly of a resolution, calling for that commissioner’s removal from office;

(b) be suspended from office by the President at any time after the start of the proceedings of the committee contemplated in para-graph (a) (ii);


194

(c) be re-appointed, but only for one further term of office.

[S. 7 amended by s. 7 (a) of Act No. 22 of 2014.]

8. Chairperson of Commission.—(1) The President shall designate a chairperson and vice-chairperson from among the members of the Commission.

(2) In the absence of both the chairperson and vice-chairperson, the remaining members shall elect an acting chairperson from their number.

9. Conduct of commissioners.—(1) Every member of the Commission shall— (a) serve impartially and independently and

perform his or her functions as such in good faith and without fear, favour or prejudice;

(b) if appointed in a full-time capacity, serve as such to the exclusion of any other duty or obligation arising out of any other employment or occupation or the holding of any other of-fice, unless specifically authorised thereto by the President.

(2) No member of the Commission— (a) shall during his or her term of office be eligible

for appointment or nomination to any political office;

(b) may, whether directly or indirectly, in any manner give support to, or oppose, any party or candidate participating in an election, or any of the issues in contention between par-ties or candidates;

(c) may, by his or her membership, association, statement, conduct or in any other manner


195

place in jeopardy his or her perceived inde-pendence, or in any other manner harm the credibility, impartiality, independence or integ-rity of the Commission;

(d) may make private use of or profit from any confidential information gained as a result of his or her appointment and functions as such member;

(e) may divulge any such information to any third party save in the course and scope of his or her official functions;

(f) shall during his or her term of office be eligible to serve as a member of Parliament, a provin-cial legislature or a local government body, and such ineligibility shall continue for a peri-od of 18 months reckoned from the date upon which such term of office has terminated.

10. Disclosure of conflicting interests.—(1) Subject to subsection (2), a member may not at any meeting of the Commission during the discussion of any matter before such meeting in respect of which he or she has any finan-cial or other interest which might preclude him or her from performing his or her functions in a fair, impartial and proper manner— (a) be present; (b) cast a vote; or (c) in any other manner participate in the pro-

ceedings thereof. (2) If at any stage during the course of any proceed-

ings before the Commission it appears that any member has or may have an interest which may cause such a con-flict of interests to arise on his or her part— (a) such member shall forthwith and fully disclose

the nature of his or her interest and leave the


196

meeting so as to enable the remaining mem-bers to discuss the matter and determine whether such member is precluded from par-ticipating in such meeting by reason of a con-flict of interests; and

(b) such disclosure and the decision taken by the remaining members regarding such determi-nation, shall be recorded in the minutes of the meeting.

(3) If any member fails to disclose any interest as required by subsection (2) or, subject to that subsection, is present at a meeting of the Commission or in any manner whatsoever participates in the proceedings of the Commis-sion in relation to such matter, such proceedings may be reviewed and varied or set aside by the Commission.

11. Meetings of Commission.—(1) The Commission may meet at any place in the Republic determined by the chairperson for the purpose of performing its functions.

(2) Meetings may be convened at any time by the chairperson at such intervals as circumstances may require and he or she shall convene a special meeting when requested to do so by any two other members of the Com-mission.

(3) A quorum for a meeting of the Commission is the majority of the total number of the members.

(4) A decision by the majority of the members present at a meeting of the Commission is a decision of the Com-mission.

(5) The Commission may determine its own proce-dures to be followed at its meetings.


197

CHAPTER 3 ADMINISTRATION, STAFF AND

ACCOUNTABILITY OF COMMISSION

12. Administration and staff of Commission.—(1) As soon as possible after the composition of the Commission and whenever necessary thereafter, the Commission shall appoint a suitably qualified and experienced person as chief electoral officer.

(2) The chief electoral officer— (a) shall be the head of the administration of the

Commission; (b) shall be the accounting officer of the Commis-

sion for the purposes of the Public Finance Management Act, 1999 (Act No. 1 of 1999), and shall cause the necessary accounting and other related records to be kept; and

[Para. (b) substituted by s. 2 of Act No. 4 of 2021 w.e.f. 27 August, 2021.]

(c) may exercise all such powers and shall per-form all such duties and functions as may be entrusted or assigned to him or her by the Commission or this Act or any other law.

(3) Whenever the chief electoral officer is for any reason absent or unable to perform his or her functions, or whenever a vacancy in the office of chief electoral officer occurs, the Commission may designate a member of its staff to act in that capacity until the chief electoral officer resumes his or her functions, or a chief electoral officer is appointed in terms of subsection (1), and that member has, while so acting, such powers and shall perform such func-tions of the chief electoral officer as may be delegated or assigned to him or her by the Commission.

(4) The chief electoral officer shall in consultation with the Commission appoint such officers and employees of the


198

Commission as he or she may consider necessary to ena-ble the Commission to exercise its powers and to perform its duties and functions effectively.

(5) The conditions of service, remuneration, allowances, subsidies and other benefits of the chief electoral officer, an acting chief electoral officer and the other administrative staff of the Commission shall be prescribed by the Commission.

(6) Notwithstanding the provisions of the Government Employees Pension Law, 1996 (Proclamation No. 21 of 1996)— (a) any person appointed in terms of this section

who, immediately before the date of such appointment was a member of the Govern-ment Employees Pension Fund referred to in section 2 of that Law, may remain such mem-ber notwithstanding such appointment; and

(b) any person so appointed who is not a member of the said fund may become a member of that fund as from the date of such appoint-ment and, if applicable, shall contribute there-to.

13. Finances and auditing.—(1) The expenditure in connection with the exercise of the Commission’s powers and the performance of its duties and functions shall be defrayed out of money appropriated by Parliament for that purpose or received by the Commission from any other source.

(2) The Commission shall budget for the necessary resources or additional resources to enable it to exercise its powers and perform its duties and functions effectively.

(3) The records referred to in section 12 (2) (b) shall be audited by the Auditor-General in terms of the Auditor-General Act, 1995 (Act No. 12 of 1995).


199

14. Reports by Commission.—(1) The Commission shall annually, as soon as possible after the end of each financial year, submit to the National Assembly an audited report of all money received from other sources as contem-plated in section 13 (1), as well as the audited statement on income and expenditure and a report in regard to the func-tions, activities and affairs of the Commission in respect of such financial year.

(2) The Commission shall furnish the President with such information and particulars as he or she may from time to time in writing require in connection with the activities of the Commission.

(3) The Commission shall as soon as possible after the end of an election publish a report thereon.

(4) The Commission may, if it deems it necessary, publish a report on the likelihood or otherwise that it will be able to ensure that any pending election will be free and fair.

CHAPTER 4 REGISTRATION OF PARTIES

15. Registration of parties.—(1) The chief electoral officer shall, upon application by a party in the prescribed manner and form, accompanied by the items mentioned in subsection (3), register such party in accordance with this Chapter in respect of— (a) the entire Republic; (b) a particular province; or (c) a particular district or metropolitan municipality, Provided that a party registered for a— (i) particular province may under such registra-

tion only participate in elections for that pro-vincial legislature and for all the municipal councils in that province;


200

(ii) metropolitan municipality may under such registration only participate in elections for that metro council; or

(iii) district municipality may under such registra-tion only participate in elections for that district council and for the local council falling within the area of that district municipality.

[Sub-s. (1) substituted by s. 26 of Act No. 34 of 2003, by s. 2 of Act No. 1 of 2019 and by

s. 3 (a) of Act No. 4 of 2021 w.e.f. 27 August, 2021.]

(2) The form shall, inter alia, make provision for the fol-lowing: (a) the name of the party; (b) the distinguishing mark or symbol of the party

in colour; and (c) the abbreviation, if any, of the name of the

party consisting of not more than eight letters. (d) . . . . . .


(3) The application shall be accompanied by— (a) that party’s deed of foundation which has

been adopted at a meeting of, and has been signed by the prescribed number of persons who are qualified voters;

(b) the prescribed amount, if any; and (c) . . . . . . (d) that party’s constitution.


(4) The party’s deed of foundation shall contain the prescribed particulars.


201

(4A) A party applying for registration in terms of sub-section (1) must publish the prescribed notice of the appli-cation in—

(a) the Gazette, in the case of an application referred to in subsection (1) (a);

(b) the relevant provincial Gazette, in the case of an application referred to in subsection (1) (b); or

(c) the relevant provincial Gazette or a news-paper circulating in the municipal area con-cerned, in the case of an application referred to in section (1) (c).

[Sub-s. (4A) inserted by s. 3 (b) of Act No. 4 of 2021 w.e.f. 27 August, 2021.]

(4B) Any person may object to an application contem-plated in subsection (1) in the prescribed manner and form within 14 days after the publication of the prescribed notice of the application.

[Sub-s. (4B) inserted by s. 3 (b) of Act No. 4 of 2021 w.e.f. 27 August, 2021.]

(5) After a party has been registered the chief electoral officer shall issue that party with a registration certificate in the prescribed form and publish the prescribed particulars of such registration in the Gazette.

(6) Every registered party not represented in a legisla-tive body shall annually renew its registration in the pre-scribed manner and at the prescribed time.

(7) A party that is registered for a particular local muni-cipality on the date on which the Electoral Laws Amend-ment Act, 2021, comes into operation, must be deemed to


202

be registered in respect of the district municipality within whose jurisdictional area that local municipality is situated.

[Sub-s. (7) inserted by s. 3 (c) of Act No. 4 of 2021 w.e.f. 27 August, 2021.]

15A. . . . . . . [S. 15A inserted by s. 93 of Act No. 27 of 2000

amended by s. 27 of Act No. 34 of 2003, by s. 3 of Act No. 1 of 2019 and repealed by s. 4 of Act

No. 4 of 2021 w.e.f. 27 August, 2021.]

16. Prohibition on registration of party under certain circumstances.—(1) The chief electoral officer may not register a party in terms of section 15 or 15A, if— (a) fourteen days have not elapsed since the

applicant has submitted to the chief electoral officer proof of publication of the prescribed notice of application referred to in section 15 (4A);

[Para. (a) substituted by s. 5 (a) of Act No. 4 of 2021 w.e.f. 27 August, 2021.]

(b) a proposed name, abbreviated name, distin-guishing mark or symbol mentioned in the ap-plication resembles the name, abbreviated name, distinguishing mark or symbol, as the case may be, of any other registered party to such an extent that it may deceive or confuse voters; or

(c) a proposed name, abbreviated name, distin-guishing mark or symbol mentioned in the application or the constitution of the party or the deed of foundation mentioned in section 15 contains anything—

(i) which portrays the propagation or in-citement of violence or hatred or which causes serious offence to any section of


203

the population on the grounds of race, gender, sex, ethnic origin, colour, sexual orientation, age, disability, religion, con-science, belief, culture or language; or

(ii) which indicates that persons will not be admitted to membership of the party or welcomed as supporters of the party on the grounds of their race, ethnic origin or colour.

[Sub-s. (1) substituted by s. 28 of Act No. 34 of 2003. Para. (c) amended by s. 5 (b) of Act No. 4 of 2021 w.e.f. 27 August, 2021.]

(2) (a) An applicant who is aggrieved by a decision of the chief electoral officer not to register that party may, within 30 days after the party has been notified of the deci-sion, appeal against the decision to the Commission in the prescribed manner.

(b) Any person who objected to an application in terms of section 15 (4B) and who is aggrieved by a decision of the chief electoral officer to register that party may, within 30 days after publication of the notice referred to in section 15 (5), appeal against the decision to the Commission in the prescribed manner.

[Sub-s. (2) substituted by s. 5 (c) of Act No. 4 of 2021 w.e.f. 27 August, 2021.]

(3) The Commission shall in the case of such an appeal enquire into or consider the matter and may, subject to subsection (4), confirm or set aside the decision of the chief electoral officer.

(4) In considering such an appeal against the refusal to register a party in terms of subsection (1) (a) the Com-mission— (a) shall take into account the fact that the party

which is associated with the name, abbrevi-ated name, distinguishing mark or symbol, as

ss. 16 – 16A Electoral Commission Act

204

the case may be, for the longest period, should prima facie be entitled thereto;

(b) may, for the purposes of paragraph (a)— (i) afford the parties concerned an oppor-

tunity to offer such proof, including oral evidence or sworn or affirmed state-ments by any person which, in the opin-ion of the Commission, could be of as-sistance in the expeditious determination of the matter; and

(ii) administer an oath or affirmation to any person appearing to testify orally before it.

[Sub-s. (4) amended by s. 29 of Act No. 34 of 2003.]

16A. Change of party’s name.—(1) A party may sub-mit an application in the prescribed form to the chief elec-toral officer to change its registered name, abbreviated name, distinguishing mark or symbol.

(2) Such an application shall be accompanied by proof of publication in the Gazette of the prescribed notice of application.

(3) Section 16, with the changes required by the con-text, applies to the chief electoral officer’s consideration of the application and decision to change, or not to change, the party’s registered name, abbreviated name, distinguish-ing mark or symbol in accordance with the application.

(4) If the registered name, abbreviated name, distin-guishing mark or symbol is changed as a result of the appli-cation, the chief electoral officer shall withdraw the registra-tion certificate issued in terms of section 15 and issue the party with a new registration certificate reflecting the change.



205

17. Cancellation of registration of party.—(1) The Commission may cancel the registration of a party if—

(a) after due notice in writing to that party and an inquiry into the matter, the Commission is sat-isfied that the party no longer functions or has no intention to participate in an election;

(b) it is notified by that party in the prescribed manner that the party has dissolved or is in-tending to dissolve on a specified date;

(c) that party is not represented in the National Assembly, a provincial legislature or a munici-pal council and it has not participated in a national, provincial or municipal general elec-tion that took place after the date of its regis-tration or after the date when it was last so represented; or

(d) that party has changed its deed of foundation or constitution and the Commission is satis-fied that change has resulted in that deed of foundation or constitution containing any-thing—

(i) which portrays the propagation or incite-ment of violence or hatred or which causes serious offence to any section of the population on grounds of race, gen-der, sex, ethnic origin, colour, sexual orientation, age, disability, religion, con-science, belief, culture or language; or

(ii) which indicates that persons will not be admitted to membership of the party or welcomed as supporters of the party on the grounds of their race, ethnic origin or colour.


206

(2) The Commission may not cancel the registration of a party on the grounds set out in subsection (1) (d) unless it has served a notice on the party giving it an opportunity to withdraw or change the offending amendment or part of the amendment and the party has not done so to the Commis-sion’s satisfaction within three months.

(3) A registered party shall within two months after having changed its deed of foundation or constitution sub-mit a copy of the changed deed of foundation or constitution to the chief electoral officer.


CHAPTER 5 ELECTORAL COURT

18. Establishment of Electoral Court.—There is an Electoral Court for the Republic, with the status of the Supreme Court.

19. Composition of Electoral Court.—(1) The Elec-toral Court shall consist of the following members appointed by the President upon the recommendation of the Judicial Service Commission: (a) A chairperson, who is a judge of the Appellate

Division of the Supreme Court, and two other judges of the Supreme Court; and

(b) two other members who are South African citizens.

(2) The terms of office of the members of the Electoral Court, their conditions of service, remuneration, leave and other benefits, shall be determined by the President.

20. Powers, duties and functions of Electoral Court.—(1) (a) The Electoral Court may review any decision of the Commission relating to an electoral matter.


207

(b) Any such review shall be conducted on an urgent basis and be disposed of as expeditiously as possible.

(2) (a) The Electoral Court may hear and determine an appeal against any decision of the Commission only in so far as such decision relates to the interpretation of any law or any other matter for which an appeal is provided by law.

(b) No such appeal may be heard save with the prior leave of the chairperson of the Electoral Court granted on application within the period and in the manner determined by that Court.

(c) Such an appeal shall be heard, considered and summarily determined upon written submissions submitted within three days after leave to appeal was granted in terms of paragraph (b).

(2A) The Electoral Court may hear and determine any dispute relating to membership, leadership, constitution or founding instruments of a registered party.

[Sub-s. (2A) inserted by s. 4 of Act No. 1 of 2019.]

(3) The Electoral Court may determine its own practice and procedures and make its own rules.

(4) The Electoral Court shall— (a) make rules in terms of which electoral dis-

putes and complaints about infringements of the Electoral Code of Conduct as defined in section 1 of the Electoral Act, 1993 (Act No. 202 of 1993), and appeals against decisions thereon may be brought before courts of law; and

(b) determine which courts of law shall have jurisdiction to hear particular disputes and complaints about infringements, and appeals against decisions arising from such hearings.


208

(5) The hearings and appeals referred to in subsection (4) shall enjoy precedence in the courts of law deter-mined in accordance with that subsection.

(6) The Electoral Court may hear and determine any matter that relates to the interpretation of any law referred to it by the Commission.

(7) The Electoral Court may investigate any allegation of misconduct, incapacity or incompetence of a member of the Commission and make any recommendation to a com-mittee of the National Assembly referred to in section 7 (3) (a) (ii).

(8) The Director-General: Justice shall provide the necessary accommodation, administration and financial support for the Electoral Court.


21. Offences and penalties.—(1) Any person commits an offence who— (a) wilfully hinders or obstructs the Commission,

the chief electoral officer or a member of the staff of the Commission in the exercise of its or his or her powers or in the performance of its or his or her duties or functions;

(b) wilfully interrupts the proceedings of a meet-ing of the Commission or a sitting of the Elec-toral Court or misbehaves in any other man-ner in the place where such meeting or sitting is held;

(c) does anything calculated improperly to influ-ence the Commission or that Court in respect of any matter being or to be considered by the Commission or that Court in connection with any decision or order.


209

(2) Any person convicted of any offence referred to in subsection (1), may be sentenced to a fine or to imprison-ment for a period not exceeding five years.

21A. Restriction on use of name.—(1) No person may use or trade under a name containing the words “Elec-toral Commission”, “Independent Electoral Commission” or the acronym “IEC” for the purposes of elections or the translation thereof in any other official language to—

(a) conduct his, her or its affairs or business, or carry on his, her or its occupation or trade;

(b) be registered or licensed under any law; or

(c) falsely claim to be acting on behalf of the Commission.

(2) No person may, without the prior written authorisa-tion of the Commission, represent or make use of the logos, designs or electoral material used or owned by the Com-mission.

(3) Any person who contravenes a provision of sub-section (1) or (2) is guilty of an offence and liable on convic-tion to a fine or imprisonment for a period not exceeding six months or to both such fine and imprisonment.


22. Legal proceedings against Commission.—(1) The State Liability Act, 1957 (Act No. 20 of 1957), applies with the necessary changes in respect of the Com-mission.

(2) In such application a reference to a Minister of a department shall be construed as a reference to the chair-person of the Commission.


210

23. Regulations.—(1) The Commission may make regulations regarding— (a) the time limits within and manner in which

appeals may be noted or decisions may be brought under review by the Commission in terms of this Act;

(b) the compiling and maintaining of voters’ rolls; (c) the registration of parties in terms of this Act; (d) the regulation of the conduct of all persons,

parties and candidates in so far as such con-duct may promote or inhibit the conduct of a free and fair election;

(e) any matter required or permitted to be pre-scribed in terms of this Act;

(f) the holding of a referendum declared under section 2; and

(g) generally, all matters which are necessary or expedient to be prescribed in order to achieve the objects of this Act.

(2) A regulation may prescribe penalties for any con-travention thereof, or any failure to comply therewith, of a fine or imprisonment for a period not exceeding two years.

(3) . . . . . . [Sub-s. (3) deleted by s. 6 of Act No. 4 of 2021

w.e.f. 27 August, 2021.]

24. Repeal of laws, legal succession and transitional provision.—(1) The laws mentioned in the Schedule are hereby repealed.

(2) The Commission is the successor in title to the Inde-pendent Electoral Commission established by section 4 of the Independent Electoral Commission Act, 1993 (Act No. 150 of 1993), and is empowered to control all electoral equipment and material held by any organ of state in any sphere of government.

Electoral Commission Act s. 24 – Sch.

211

(3) The Special Electoral Court established by section 32 of the Independent Electoral Commission Act, 1993, shall, notwithstanding the repeal of that Act by subsection (1), dispose of any matter pending before it as if this Act had not been passed.

(Date of commencement of s. 24 to be proclaimed)

25. Short title and commencement.—This Act shall be called the Electoral Commission Act, 1996, and shall come into operation on a date fixed by the President by proclama-tion in the Gazette.

SCHEDULE LAWS REPEALED

Number and year of law

Title

Act 150 of 1993 ....... Independent Electoral Commis-sion Act, 1993

Act 193 of 1993 ....... Independent Electoral Commis-sion Amendment Act, 1993

Act 5 of 1994 ........... Independent Electoral Commis-sion Amendment Act, 1994

Proclamation 46 of 1994 ....................

Independent Electoral Commis-sion Amendment Proclamation, 1994

213

CONTENTS

REGULATIONS Page

Regulations on Party Liaison Committees ................. 217

Regulations for the Registration of Political Parties ... 221

Regulations Relating to Activities Permissible Out-side Voting Stations on Voting Day ........................ 243

RULES

Rules Regulating the Conduct of the Proceedings of the Electoral Court ................................................... 247

Rules Regulating Electoral Disputes and Com-plaints about Infringements of the Electoral Code of Conduct in Schedule 2 of the Electoral Act, 1998 (Act No. 73 of 1998) and Determination of Courts having Jurisdiction ................................... 253

REGULATIONS in terms of the


NO. 51 OF 1996

217

REGULATIONS ON PARTY LIAISON COMMITTEES As published under GNR.824 in GG 18978 dated

19 June 1998.

ELECTORAL COMMISSION Section 5 (1) (g) of the Electoral Commission Act, 1996,

describes it as a function of the Electoral Commission to establish and maintain liaison and co-operation with parties. The Commission is of the opinion that formal structures of party liaison committees will facilitate such liaison and co-operation. In terms of section 23 of the Electoral Com-mission Act, 1996, the Electoral Commission has, therefore, made the regulations set out in the Schedule.

SCHEDULE

ARRANGEMENT OF REGULATIONS 1. Definitions 2. Establishment of party liaison committees 3. Additional members 4. 5. Chairperson and convenors 6. Functions of party liaison committees 7. Travelling and accommodation expenditure 8. Short title and commencement

1. Definitions.—In these regulations, any word or expression to which a meaning has been assigned in sec-tion 1 of the Act, shall have that meaning and, unless the context otherwise indicates—

“the Act” means the Electoral Commission Act, 1996 (Act No. 51 of 1996); and

Regulations

218

“registered party” means a party registered in terms of Chapter 4 of the Act;

“Commission” means the Electoral Commission estab-lished in terms of the Act.

2. Establishment of party liaison committees.—The Electoral Commission establishes the following party liaison committees:

2.1 A party liaison committee in the national sphere with not more than two representatives from every regis-tered party represented in the National Assembly.

2.2 A provincial party liaison committee for each province with—

2.2.1 not more than two representatives from every registered party represented in the legislature of the province concerned; and

2.2.2 not more than two representatives from every registered party represented in the party liai-son committee in the national sphere but not represented in the provincial party liaison committee concerned.

2.3 Municipal party liaison committees for a single muni-cipality or a group of municipalities with—

2.3.1 not more than two representatives from every registered party represented in the municipal council or councils concerned; and

2.3.2 not more than two representatives from every registered party represented in the party liai-son committee in the relevant province, but not represented in the municipal party liaison committee concerned; and

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219

2.3.3 not more than one representative of every independent councillor represented in the municipal council or councils concerned.

3. Additional members.—The Commission may co-opt any person or representative onto any specific party liaison committee.

4. After the date of promulgation of an election, in terms of any legislation, until the date of that election, any regis-tered party which, or independent candidate who, has com-plied with the requirements for contesting that election shall be entitled to representation on the party liaison committee established in respect of the legislature for which that elec-tion is promulgated.

5. Chairperson and convenors.—The Commission shall designate a person as its representative for every party liaison committee and that person shall act as con-venor of and chairperson at meetings of the party liaison committee.

6. Functions of party liaison committees.—Party liai-son committees will serve as vehicles for consultation and co-operation between the Commission and the registered parties concerned on all electoral matters, aimed at the delivery of free and fair elections.

7. Travelling and accommodation expenditure.—Parties are responsible for all expenses incurred by their representatives in respect of their participation in party liai-son committees in all spheres of government: 7.1 Should a party be unable to send a representative to

attend a meeting of the national or provincial party liaison committee because it does not have the means to pay his or her necessary travel and accommodation expenditure, the Commission may,

Regulations

220

on application, endeavour to assist that party by way of a contribution towards such expenses from funds voted by Parliament for this purpose or from funds that may have been made available by donors for this purpose.

7.2 The Commission will consider such applications on the basis of transparency, equity and even-handedness.

7.3 A record of such contributions shall be kept by the Chief Electoral Officer and shall be available for inspection by anyone during normal office hours at the office of the Chief Electoral Officer.

8. Short title and commencement.—These regulations shall be called the Regulations on Party Liaison Commit-tees, 1998, and shall commence on 19 June 1998.

221

REGULATIONS FOR THE REGISTRATION OF POLITICAL PARTIES

As published under GNR.13 in GG 25894 dated 7 January 2004.

as amended by Notice Government

Gazette Date

1204 31452 22 September 2008R.151 34044 23 February 2011

Proc R.35 45060 27 August 2021

ELECTORAL COMMISSION ACT, 1996 The Electoral Commission has, under the powers vested

in it by section 23 (1) (c) of the Electoral Commission Act, 1996 (Act No. 51 of 1996), made the regulations set out in the Schedule

SCHEDULE

ARRANGEMENT OF REGULATIONS 1. Definitions 2. Applications for registration 3. Deed of Foundation 4. Registration fees 5. Registration certificate 6. Notification of registration in Gazette 7. Register of parties and registration of documents 8. Effect of registration of a party 9. Notification of change in registration particulars 10. Renewal of registration

Regulations

222

11. Appeal against decision of the Chief Electoral Officer to register or not to register a party

12. Change of party’s name, distinguishing mark or symbol

13. Cancellation of registration of party 14. Inquiry by the Commission 15. Offences and penalties 16. Repeal of Regulations 17. Short title Annexure 1 The deed of foundation of a party in terms of

section 15 of the Electoral Commission Act, 1996 (Act 51 of 1996)

Annexure 2 Notice of application for registration of a political party in terms of section 15 (4) (a) of the Electoral Commission Act, 1996 (Act 51 of 1996)

Annexure 3 Certificate of registration as a party in terms of the Electoral Commission Act, 1996 (Act No. 51 of 1996)

Annexure 4 Application by a party in terms of section 16A of the Electoral Commission Act, 1996 (Act No. 51 of 1996)

Annexure 5 Notice of application for the change of a party’s name, abbreviated name, or distinguishing mark or symbol in terms of section 16A of the Electoral Commission Act, 2003

Annexure 6 The deed of foundation of a party in terms of section 15 of the Electoral Commission Act, 1996 (Act 51 of 1996)

Regulations

223

1. Definitions.—In these Regulations, unless the context indicates otherwise— (a) any word or expression to which a meaning

has been assigned in section 1 of the Electoral Commission Act, 1996 (Act No. 51 of 1996), shall have that meaning;

(b) “Act” means the Electoral Commission Act, 1996 (Act No. 51 of 1996) as amended, and

(c) ‘official website’ means the website of the Commission accessible at https://www.elections.org.za. [Reg. 1 substituted by Proc R.35 of

27 August 2021.]

2. Applications for registration.—(1) (a) Every application referred to in section 15 (1) and 15A (1) of the Act must be submitted to the Chief Electoral Officer in a form substantially similar to Annexure 1.

(b) The notice of application referred to in section 15 (4) (a) of the Act must be in a form substantially similar to Annexure 2.

[Para. (b) substituted by Proc R.35 of 27 August 2021.]

(c) Anyone wishing to raise an objection against the intended registration must do so by written notice in which is set out the grounds for the objection and which must be delivered at the office of the Chief Electoral Officer in Pre-toria within fourteen days after the notice has been published as required by section 16 (1) (a) of the Act.

(d) The Chief Electoral Officer must reject an application— (i) for any of the reasons contemplated in sec-

tion 16 (1) of the Act; or

Regulations

224

(ii) if the application does not comply with the provisions of the Act or Regulations.

(2) The constitution of a party, contemplated in section 15 (3) (d) of the Act, that applies to register in terms of section 15 of the Act, should, as far as possible, also contain the following— (a) The executive structure of the party; (b) The election procedure for the executive of

the party; (c) The decision making process and functions of

the office bearers within the party; (d) The minimum requirements for membership of

the party; (e) The internal disciplinary procedures of the

party; and (f) The requirements for audited financial

statements. [Sub-reg. (2) inserted by reg. 2 of GN 1204 of

22 September 2008 and amended by Proc R.35 of 27 August 2021.]

(3) . . . . . . [Para. (3) inserted by r. 2 of GN 1204 of

22 September 2008 and deleted by GNR.151 of 23 February 2011.]

3. Deed of Foundation.—(1) (a) The deed of foundation referred to in section 15 of the Act must be signed by— (i) 1, 000 registered voters for an application in

respect of the entire Republic; (ii) 500 registered voters for an application in

respect of a particular province; and

Regulations

225

(iii) 300 registered voters for an application in respect of a particular district or metropolitan municipality.

(b) The deed of foundation referred to in section 15 must be signed by each registered voter contemplated in paragraph (a), whose full names and identity numbers must be reflected against their signatures.

[Sub-reg. (1) amended by GNR.151 of 23 February 2011 and substituted by Proc R.35

of 27 August 2021.]

(2) . . . . . . [Sub-reg. (2) deleted by Proc R.35 of

27 August 2021.]

(3) The voters referred to in Regulation 3 (1) (a) and (b) above must sign the deed of foundation on a form substantially similar to Annexure 6 to these Regulations.

[R. 3 substituted by r. 3 of GN 1204 of 22 September 2008.]

4. Registration fees.—(1) The amount referred to in section 15 (3) (b) of the Act shall be R5,000 for an application for registration in respect of the entire Republic, R3,000 for an application for registration in respect of a particular province and R2,000 in respect of each particular district or metropolitan municipality.


(2) The amounts referred to in subregulation (1) are not refundable.

5. Registration certificate.—The registration certificate referred to in section 15 (5) of the Act shall be in a form substantially similar to Annexure 3.

Regulations

226

6. Notification of registration in Gazette.—The particulars which must be published in the Gazette in terms of section 15 (5) of the Act shall be the following, namely: (a) name and abbreviated name of the party; (b) symbol of the party; (c) that the party has been registered in respect of

the entire Republic, a particular province or a particular district or metropolitan municipality, whichever is the case; [Para. (c) substituted by Proc R.35 of

27 August 2021.] (d) date of registration of the party; and (e) a reference number.

7. Register of parties and registration of documents.—(1) The Chief Electoral Officer must keep a register of parties in which is recorded all registrations, renewals of registrations, failures to renew registrations, changes of the registered names, abbreviated names, distinguishing marks or symbols of parties and cancellations of registrations.

(2) The register of parties and a copy of every document lodged with the Chief Electoral Officer for the purposes of the registration of a party, or the renewal of the registration of a party, the changes of the registered name, abbreviated name, distinguishing mark or symbol of a party or the cancellation of the registration of a party, shall be kept for inspection by the public at the office of the Chief Electoral Officer and any person may inspect the register and if requested a copy of the register to be made available free of charge during office hours.

(3) The Chief Electoral Officer must furnish a copy of a document referred to in subregulation (2) to any person applying for it after a person has paid a fee of one rand (R1,00) per page.

Regulations

227

8. Effect of registration of a party.—A party registered under these regulations shall—

(a) be entitled to be represented on a party liaison committee as contemplated in the Regulations on Party Liaison Committees;

(b) have free access to any voter’s roll compiled and maintained by the Commission; and

(c) be entitled to protection by the Commission of its name, abbreviation of its name and distinguishing mark or symbol.

9. Notification of change in registration particulars.—Any change in the particulars furnished in Annexure 1 must be notified to the Chief Electoral Officer in writing within 30 days after such change by the registered leader of the party.

[Reg. 9 substituted by Proc R.35 of 27 August 2021.]

10. Renewal of registration.—Every registered party not represented in a legislative body, as referred to in section 15 (6) of the Act shall, before the last day of January of every year after the year in which the party has been registered, renew its registration by submitting to the Chief Electoral Officer a written declaration made by an executive officer of the party, duly instructed by the party to make such declaration, to the effect that the party has not dissolved and that it is continuing to operate as a party, if that is indeed the case.

11. Appeal against decision of the Chief Electoral Officer to register or not to register a party.—An appeal against the decision of the Chief Electoral Officer to register

Regulations

228

or not to register a party as contemplated in section 16 (2) of the Act shall— (a) be in writing and signed by an executive

officer of the appealing party, duly instructed thereto by that party; and

(b) fully set out the reasons for the appeal.

12. Change of party’s name, distinguishing mark or symbol.—(1) An application to change the registered name, abbreviated name, distinguishing mark or symbol in terms of section 16A (1) of the Act shall be in a form substantially similar to Annexure 4 and the notice of application referred to in section 16A (2) of the Act shall be in a form substantially similar to Annexure 5.

(2) The notice of application must be published in the Gazette on a date thirty days before the application is submitted to the Chief Electoral Officer.

13. Cancellation of registration of party.—The notification referred to in section 17 (1) (b) of the Act shall be in the form of a declaration by the leader of the party to the effect that the party has dissolved or intends to dissolve on a date specified in the declaration.

[Reg. 13 substituted by Proc R.35 of 27 August 2021.]

14. Inquiry by the Commission.—In any inquiry in terms of section 17 (1) of the Act, the Commission may— (a) investigate the factual basis of the issue; (b) afford interested parties an opportunity to

make written or oral submissions; (c) call for written or oral submissions from other

persons or parties; (d) conduct a hearing; or

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Regulations

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2. Abbreviated name, if any, of the party ...................................

(The abbreviation name may not consist of more than eight letters)

3. Distinguish mark or symbol of the party:

4. Physical address of party:

................................................................................................

................................................................................................

................................................................................................

5. We are applying in terms of s15 of the Electoral Commission Act, 1996 in respect of the following:

Level Tic Specify name

i. National N/A

ii. Provincial

iii. Metropolitan

iv. District

NB: A separate application form must be submitted for each application, that is for each province, metropolitan and district.

continued

Regulations

231

6. Particulars of the Party Leader:

Name ..................................................................................

Physical Address

................................................................................................

................................................................................................

................................................................................................

Telephone Number (................)..............................

Cell number (................) ............................

E-mail address .....................................................................

7. Name and address of members constituting the executive body of the party:

Name Address Designation

i.

ii.

iii.

iv.

v.

vi.

vii.

viii.

ix.

x.

continued

Regulations

232

8. Particulars of the contact person of the party:

Name and Surname ..............................................................

Physical Address ...................................................................

................................................................................................

................................................................................................

Telephone Number (................) ........................................

Cell number (.................) .......................................

E-mail address ......................................................................

I ....................................................., the undersigned, in my capacity as .............................................................................

On behalf of ....................................................................................

Party, duly instructed by the party to take charge of the registration—

(a) Declare that the information furnished above is true and correct in every aspect;

(b) Solemnly commit and subject the party, its office bearer’s officials and candidates (if any) to any electoral code of conduct prescribed by law; and

(c) Declare that the party will function primarily as a political party.

Signature: ........................................................................................

Date: ...............................................................................................

Designation: ....................................................................................

Physical Address ...................................................................

...................................................................

..................................................................

continued

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Regulations

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2. Date on which the application will be or has been submitted to the Chief Electoral Officer:

................................................................................................

3. The abbreviated name of the party is/There is no abbreviated name of the party (delete that which is not applicable)

................................................................................................

4. The distinguishing mark or symbol of the party is printed underneath.

5. Anyone wishing to raise an objection against the intended registration must do so by written notice in which are set out the grounds for the objections and which must be delivered at the office of the Chief Electoral Officer within fourteen days after the publication of this notice.

Regulations

235

Annexure 3 CERTIFICATE OF REGISTRATION AS A PARTY IN

TERMS OF THE ELECTORAL COMMISSION ACT, 1996 (ACT NO. 51 OF 1996)

ELECTORAL COMMISSION CERTIFICATE OF REGISTRATION AS A PARTY IN

TERMS OF THE ELECTORAL COMMISSION ACT, 1996 (ACT NO. 51 OF 1996)

It is hereby certified that the party of which the details are furnishedbelow, has been registered as a party in terms of section 15 of theElectoral Commission Act, 1996 (Act No. 51 of 1996). OR Is hereby certified that the party of which the details are furnishedbelow, has been registered as a party in terms of section 15A of theElectoral Commission Act, 1996 (Act No. 51 of 1996) in respect ofthe following municipality(ies) only: ........................................................................................................... ........................................................................................................... ........................................... ............................................ (Chief Electoral Officer) Date:

PARTICULARS OF PARTY

Name: ................................................................................................Abbreviated name: ............................................................................ Distinguishing mark or symbol:

continued

Regulations

236

Business address ............................................................................. Reference Number:

Annexure 4 APPLICATION BY A PARTY IN TERMS OF SECTION 16A

OF THE ELECTORAL COMMISSION ACT, 1996 (ACT NO. 51 OF 1996)

[Annex. 4 substituted by Proc R.35 of 27 August 2021.]


APPLICATION BY A PARTY IN TERMS OF SECTION 16A OF THE ELECTORAL COMMISSION ACT, 1996

(ACT NO. 51 OF 1996)

We, the ............................................... (registered name of party) whose registered abbreviated name is .............................................. and whose registered distinguishing mark or symbol is—

Please insert old logo

hereby apply in terms of section 15 (4A) of the Electoral Commission Act, 1996, to change our registered name/abbreviated name/distinguishing mark or symbol to the following:

continued

Regulations

237

Name of the party .............................................................................

(Name may not consist of more than 60 letters)

Abbreviated name ...........................................................................

(The abbreviated name may not consist of more than eight letters)

Distinguishing mark or symbol:

Please insert new logo

Attached is proof of publication in the Gazette of the prescribed notice of application

..................................................................... ...........................

Signature of person submitting the application on behalf of the party

Date

DECLARATION

I, ..........................................................................., the undersigned, declare that I have been duly authorized by a resolution of the ...................................................... of the applying party to bring this application. A certified copy of the resolution dated .......................... is attached.

.......................................................................................

(Signature) continued

Regulations

238

ID No ...........................................................

Date ...........................................................

Designation ...........................................................

Address ...........................................................

...........................................................

...........................................................

Telephone number (...............)....................................................

Cell number (...............)....................................................

Email address (...............)....................................................

Annexure 5 NOTICE OF APPLICATION FOR THE CHANGE OF A

PARTY’S NAME, ABBREVIATED NAME, OR DISTINGUISHING MARK OR SYMBOL IN TERMS

OF SECTION 16A OF THE ELECTORAL COMMISSION ACT, 2003

[Annex. 5 substituted by Proc R.35 of 27 August 2021.]


NOTICE OF APPLICATION FOR THE CHANGE OF A PARTY’S NAME, ABBREVIATED NAME, OR DISTINGUISHING MARK OR

SYMBOL IN TERMS OF SECTION 16A OF THE ELECTORAL COMMISSION ACT, 2003

Notice is hereby given that the .................................(name of party)

intends applying to the Chief Electoral Officer for the change of—

1. its registered name to ..............................................

.................................................................................... continued

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We, the undersigned, being, registered voters, confirm that we support the founding of the

..........................................................................................................

(Full name of the party)

No. Name & Surname Signature Identity Number

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

continued

Regulations

241

16.

17.

18.

19.

20.

Note:

1. The number of copies and signatures must be submitted in compliance with s. 15 of the Electoral Commission Act, 1996;

Page ......... of .........

243

REGULATIONS RELATING TO ACTIVITIES PERMISSIBLE OUTSIDE VOTING STATIONS ON

VOTING DAY As published under GN 1205 in GG 31453 dated

22 September 2008.

INDEPENDENT ELECTORAL COMMISSION The Electoral Commission has, in terms of section 23 (1) (d) of the Electoral Commission Act, 1996 (Act No. 51 of 1996), made the regulations set out in the Schedule.

SCHEDULE

Preamble It is in the interest of free and fair elections that contesting parties should be allowed to continue with lawful and legitimate election related activities immediately outside voting stations. It is however also necessary that voters must not feel intimidated or inhibited by certain activities in the proximity of entrances to voting stations they are obliged to use when proceeding to cast their votes in elections.

Definitions 1. In this Schedule, unless the context indicates

otherwise— “the Act” means the Electoral Commission Act, 1996

(Act No. 51 of 1996); “the Regulations” means the Regulations for the

Registration of Political Parties published under Government Notice No. R. 13 of 07 January 2004; and

“voting day” means the day on which voting in an election takes or is to take place.

Regulations

244

Areas of Application 2. These regulations apply to vacant areas immediately

adjacent to the boundaries of voting stations in national, provincial and municipal elections.

Location of Party Facilities 3. A party or independent candidate, where applicable,

may not place or position its temporary operational facility, which may include but not limited to a tent, table, or caravan, in a manner that is likely to impede voters’ free and direct access to the entrance of a voting station.

4. If, in the opinion of the presiding officer, a facility is likely to impede voters’ access, the presiding officer may instruct the party to move the temporary operational facility elsewhere.

5. If parties cannot agree amongst themselves on the positioning of their facilities, the presiding officer may be called upon to decide the dispute and issue instructions accordingly to the parties.

6. The presiding officer may instruct any person who acts in contravention of regulations 3 and 4 to move his or her facility from the designated area and where necessary, request any available security officer to remove any person not in compliance and his or her temporary operational facility, from such area.

Offences 7. Anyone who fails to carry out a lawful instruction of

the presiding officer or a security officer is guilty of an offence punishable by a fine or a period of imprisonment not exceeding one year.

RULES in terms of the


NO. 51 OF 1996

247

RULES REGULATING THE CONDUCT OF THE PROCEEDINGS OF THE ELECTORAL COURT

As published under GN 794 in GG 18908 dated 15 May 1998.

ELECTORAL COURT The Electoral Court has, under section 20 (3) of the

Electoral Commission Act, 1996 (Act No. 51 of 1996), made the Rules in the Schedule.

SCHEDULE

ARRANGEMENT OF SECTIONS 1. Definitions 2. Conduct of business 3. Composition of Court 4. Decisions of Court 5. Appeal proceedings 6. Review proceedings 7. Referral of a matter relating to interpretation of law 8. Investigation of misconduct, incapacity or

incompetence of a member of the Commission 10. Failure to comply with time limits or directives of Court 11. Departure from rules 12. Procedure to apply when rules are silent

1. Definitions.—In these rules, a word to which a meaning has been assigned in the Act has that meaning and, unless the context otherwise indicates—

“Chairperson” means the Chairperson of the Court appointed in terms of section 19 (1) of the Act;

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248

“Court” means the Electoral Court established in terms of section 18 of the Act;

“day” means any day other than a Saturday, Sunday or public holiday;

“lodge” means serve copies on all parties and file the original with the Secretary;

“Secretary” means the Secretary of the Court, care of the registrar of the Supreme Court of Appeal, Bloemfontein; and

“the Act” means the Electoral Commission Act, 1996 (Act No. 51 of 1996).

2. Conduct of business.—The Court conducts its business in the manner determined by the Court and at the times and places determined by the Chairperson with due regard to the need for the expeditious disposal of matters.

3. Composition of Court.—The Court is constituted by all its members: Provided that if a member of the Court is unable to perform the duties of his or her office or if there is a vacancy in the membership of the Court, the Court will be constituted by those members who are able to perform the duties of their office: Provided further that the Court will not be constituted by fewer than three of its members.

4. Decisions of Court.—(1) The decision of a majority of the members of the Court is the decision of the Court.

(2) If a member of the Court dies, resigns or becomes unable to perform his or her duties at any stage during the hearing of a matter, the remaining members, subject to rule 3, determine the matter.

5. Appeal proceedings.—(1) An application for leave to appeal against a decision of the Commission must be made in writing and lodged within three days after the decision has been made.

Rules

249

(2) The application in terms of sub-rule (1) must set out succinctly, fairly and clearly the points of law concerned and the information necessary to enable the Chairperson to consider the application.

(3) The Secretary must inform the party who made the application and the Commission of the decision of the Chairperson regarding the application without delay.

(4) If leave to appeal has been granted, the party who made the application and the Commission must lodge with the Secretary comprehensive written submissions within three days after being informed in terms of sub-rule (3).

(5) The party that lodges an appeal must—

(a) set out fully in its written submission—

(i) the findings of law and fact, where appropriate;

(ii) the order or orders against which the appeal is directed; and

(iii) the grounds on which its contentions are based; and

(b) attach, if possible, any relevant record or minutes of the proceedings concerned.

6. Review proceedings.—(1) A party who is entitled to and wants to take a decision of the Commission on review must lodge a comprehensive written submission with the Secretary within three days after the decision has been made.

(2) The Commission must lodge a comprehensive written submission with the Secretary within three days of receipt of a submission referred to in sub-rule (1).

Rules

250

(3) The party who takes a matter on review must—


(i) the decision or decisions which it requires to be reviewed; and

(ii) the grounds therefor; and

(b) attach, if possible, any relevant record or minutes of the proceedings concerned.

7. Referral of a matter relating to interpretation of law.—(1) A referral of a matter by the Commission relating to the interpretation of law in terms of section 20 (6) of the Act must be in writing and lodged with the Secretary, who must submit it to the Court without delay.

(2) Commission must—


(i) the provision or provisions of the law which need to be interpreted;

(ii) the facts of the matter, where appropriate;

(iii) its arguments and interpretation of such law and the arguments and interpretation of any party having an interest in the matter; and

(b) attach, if possible, any documents necessary to enable the Court to determine the matter.

(3) Upon receipt of the written submission of the Commission, the matter must be dealt with in accordance with the directives of the Court.

(4) The Secretary must inform the Commission in writing of the finding of the Court within three days thereof.

Rules

251

8. Investigation of misconduct, incapacity or incompetence of a member of the Commission.—(1) An allegation of misconduct, incapacity or incompetence on the part of a member of the Commission must be— (a) in writing and, if possible, accompanied by

supporting evidence; and (b) lodged with the Secretary.

(2) The member concerned must respond in writing to the allegations within the time prescribed by the Court.

(3) Upon receipt of the response of the member concerned or after the expiry of the time prescribed by the Court in terms of sub-rule (2), the investigation must be dealt with in accordance with the directives of the Court.

(4) The Secretary must submit the written recommendation of the Court and any other documents which the Court may deem fit to the National Assembly without delay.

9. Written submissions.—Written submissions in terms of these rules may be prepared by a party or a person duly authorised by such a party.

10. Failure to comply with time limits or directives of Court.—Failure to comply with the prescribed time limits or directives of the Court will, by the mere fact thereof, result in a party being barred, unless the Court, on good cause shown, directs otherwise.

11. Departure from rules.—(1) The Court may, when it deems necessary, depart from these rules and give appropriate alternative directives.

(2) In conducting its business the Court may, whenever it deems appropriate, inter alia— (a) request further written submissions;

Rules

252

(b) allow oral argument by a party or by a person duly authorised by such a party;

(c) request records or minutes of proceedings; (d) shorten or extend prescribed periods; (e) direct that oral evidence be heard on specified

issues; or (f) refer a matter to trial.

12. Procedure to apply when rules are silent.—(1) A party who wishes to refer a matter to the Court and who is of the view that the rules do not address or adequately address a particular aspect must inform the Secretary accordingly without delay.

(2) The Secretary, after having obtained the Court’s directives, must inform the party concerned and other interested parties thereof without delay.

(3) This rule does not affect the Court’s authority to determine its own practice and procedures and make its own rules.

253

RULES REGULATING ELECTORAL DISPUTES AND COMPLAINTS ABOUT INFRINGEMENTS OF THE

ELECTORAL CODE OF CONDUCT IN SCHEDULE 2 OF THE ELECTORAL ACT, 1998 (ACT NO. 73 OF 1998) AND DETERMINATION OF COURTS HAVING JURISDICTION

As published under GN 2915 in GG 19572 dated 4 December 1998.

DEPARTMENT OF JUSTICE The Electoral Court has under section 20 (4) of the

Electoral Commission Act, 1996 (Act No. 51 of 1996), made the rules in the Schedule.

SCHEDULE

ARRANGEMENT OF REGULATIONS 1. Definitions 2. Determination of courts and jurisdiction 3. Representation of parties 4. Applications 5. Appeals 6. Procedure to apply when rules are silent 7. Failure to comply with time limits or directives

1. Definitions.—In these rules, a word to which a meaning has been assigned in the Act has that meaning and, unless the context otherwise indicates—

“apply” means on motion, and “application” has a corresponding meaning;

“Chairperson” means the Chairperson of the Court appointed in terms of section 19 (1) of the Electoral Commission Act, 1996 (Act No. 51 of 1996);

Rules

254

“clerk of the court” means a clerk of the court appointed under section 13 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944) and includes an assistant clerk of the court so appointed;

“Code” means the Electoral Code of Conduct in Schedule 2 of the Electoral Act, 1998 (Act No. 73 of 1998);

“Court” means the Electoral Court established in terms of section 18 of the Electoral Commission Act, 1996 (Act No. 51 of 1996);

“day” means any other day than a Saturday, Sunday or public holiday;

“lodge” means to serve copies on all parties and file the original with the clerk of the court or registrar or Secretary, as the case may be;

“Magistrate’s Court” means a court established in terms of section 2 (1) (f) of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944);

“Magistrates’ Courts Rules” means the rules regulating the conduct of proceedings of the Magistrate’s Court;

“notice” means notice in writing; “registrar” means the registrar of a High Court

appointed under section 34 of the Supreme Court Act, 1959 (Act No. 59 of 1959);

“Secretary” means the Secretary of the Court care of the registrar of the Supreme Court of Appeal, Bloemfontein;

“serve” means to serve by facsimile or to hand to all parties concerned;

“the Act” means the Electoral Act, 1998 (Act No. 73 of 1998);

Rules

255

“Uniform Rules” means the rules regulating the conduct of proceedings of the several provincial or local divisions of the High Courts.

2. Determination of courts and jurisdiction.—(1) The Magistrate’s Court and the High Court in whose area of jurisdiction— (a) any electoral dispute; or (b) any complaint about an infringement of the

Code, has arisen, have, subject to subrules (2) and (3), jurisdiction to hear such dispute or complaint.

(2) The following courts have jurisdiction to impose the following sanctions referred to in section 96 of the Act— (a) The Court, all the sanctions in subsection (2); (b) The High Court, all the sanctions in

subsection (2) except (2) (h) and (i); (c) The Magistrate’s Court, all the sanctions in

subsection (2) except (2) (d) (vii), (h) and (i) and with regard to the sanctions in subsection (2) (b) and (c), the Magistrate’s Court must have regard to its civil jurisdiction.

(3) A party may approach the Court directly in respect of any electoral dispute or complaint about an infringement of the Code— (a) where a sanction referred to in section

96 (2) (h) or (i) of the Act is sought; and (b) notwithstanding the provisions of subrule (1),

in any matter where special circumstances are present, with prior leave of the Chairperson and at least two members of the Court.

Rules

256

(4) The offences referred to in Part 1 of the General Provisions of Chapter 7 and in sections 107, 108 and 109 of the Act, are dealt with in accordance with the legislation applicable to criminal matters.

3. Representation of parties.—(1) A party may institute or defend and may carry to completion any proceedings either in person or by a duly authorised and suitably qualified representative.

(2) A group of persons associated for a common purpose may in instituting or defending proceedings act through a member thereof nominated by it.

4. Applications.—(1) Proceedings in respect of electoral disputes and complaints referred to in rule 2 are instituted by way of application.

(2) An application must set out clearly and succinctly— (a) in the case of an electoral dispute— (i) the nature of the dispute and the facts

upon which the dispute is based; (ii) the registered parties or persons involved

in the dispute; and (iii) the relief claimed and the grounds upon

which such relief is claimed. (b) in the case of a complaint about an

infringement of the Code— (i) the registered party, candidate or person

who allegedly infringed the Code; (ii) the nature of the infringement and the

facts upon which the infringement is based;

(iii) the relief claimed and the grounds upon which such relief is claimed; and

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257

(iv) the sanctions, referred to in section 96 (2) of the Act, sought and where applicable, the grounds upon which the sanctions are sought.

(3) An application must be accompanied by any relevant document substantiating the application.

(4) The required information referred to in subrule (2) must be set out in an affidavit.

(5) The application must be lodged in the appropriate court having jurisdiction.

(6) The respondent must within three days after receipt of the application, lodge an answering affidavit.

(7) The applicant must within two days after receipt of the answering affidavit, lodge a replying affidavit, if any.

(8) After the lodging of any replying affidavit or after the time for lodging a replying affidavit has expired and on request of the applicant, the clerk of the court, the registrar or the Secretary, as the case may be, sets the matter down for hearing with due consideration of the provisions of section 20 (5) of the Electoral Commission Act, 1996 (Act No. 51 of 1996).

(9) The court hearing an application may extend or curtail the periods provided for in sub-rules (6) and (7).

(10) (a) In urgent applications the Court or a judge or a magistrate, as the case may be, may dispense with the provisions of this rule and may dispose of such matter at such time and place and in such manner and in accordance with such procedure, which must as far as practicable accord with the terms of this rule, as to it, him or her seems meet.

(b) The applicant must set out clearly and succinctly the circumstances that render the matter urgent and the reasons why he or she claims that he or she could not be afforded substantial redress at a hearing in due course.

Rules

258

(11) The Uniform Rules or the Magistrates’ Courts Rules, as the case may be, are mutatis mutandis applicable in respect of applications except as otherwise provided in this rule.

(12) The Uniform Rules are, subject to this rule, mutatis mutandis applicable in respect of applications brought directly to the Court.

5. Appeals.—(1) An appeal lies as of right against a decision of a Magistrate’s Court to the appropriate High Court and from there to the Court on a point of law only and with leave of the Chairperson.

(2) (a) The appellant must lodge a notice of appeal within three days after the decision setting out clearly and specifically the grounds of fact and/or law on which the appeal is based, with the clerk of the court.

(b) The clerk of the court submits the notice of appeal forthwith to the presiding officer who gives his or her written judgment within three days after the notice of appeal has been received from the clerk of the court.

(c) The clerk of the court hands the written judgment to the appellant who obtains a date for hearing within two days after receipt of the judgment, from the registrar.

(d) The registrar sets the matter down for hearing of the appeal with due consideration of the provisions of section 20 (5) of the Electoral Commission Act, 1996 (Act No. 51 of 1996) and informs the appellant of such date.

(e) The appellant forthwith informs the clerk of the court and the respondent of the date.

(f) The clerk of the court forthwith prepares as many copies of the record as directed by the registrar and transfers the copies to the registrar.

(3) (a) An application for leave to appeal to the Court from the court of appeal, must be lodged within three days

Rules

259

after the decision of the court of appeal with the Secretary setting out clearly and specifically the grounds of law on which leave to appeal is sought, together with a copy of the judgment, if available.

(b) The Secretary forthwith submits the application to the Chairperson who considers the application in chambers.

(c) If leave to appeal is granted by the Chairperson the Secretary sets the matter down for hearing of the appeal with due consideration of the provisions of section 20 (5) of the Electoral Commission Act, 1996 (Act No. 51 of 1996) and informs the parties and the registrar of the time, date and place of the hearing.

(d) The registrar forthwith prepares as many copies of the record as directed by the Secretary and transfers the copies to the Secretary.

(4) (a) An appeal against a decision of the High Court as court of first instance lies, with leave of that court, to the Court, failing which with leave of the Chairperson.

(b) An application for leave to appeal against a decision of the High Court as court of first instance, must be filed within three days after the decision of that court with the registrar after service on all other parties setting out clearly and specifically the grounds of fact and/or law on which the appeal is based.

(c) The registrar forthwith submits the application to the judge who heard the matter, who considers the application in chambers.

(d) If leave to appeal is not granted by the judge, the applicant may within two days request the registrar forthwith to submit the application to the Secretary who forthwith submits it to the Chairperson who considers the application in chambers.

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260

(e) If leave to appeal is granted either by the judge referred to in paragraph (c) or by the Chairperson, subrule (2) (c) and (d) is mutatis mutandis applicable.

6. Procedure to apply when rules are silent.—(1) A party who wishes to refer a matter to the Court and who is of the view that the rules do not address or do not adequately address a particular aspect must inform the Secretary accordingly without delay.

(2) The Secretary, after having obtained the Court’s directives, must inform the party concerned and other interested parties thereof without delay.

(3) This rule does not affect the Court’s authority to determine its own practice and procedures and make its own rules and the other courts having jurisdiction are bound by directives so given.

7. Failure to comply with time limits or directives.—Failure to comply with the prescribed time limits or the directives of any court having jurisdiction will, by the mere fact thereof, result in a party being barred, unless such court, on good cause shown, directs otherwise.