STATUTES OF THE REPUBLIC SOUTH OF

AFRICA-ELECTIONS

ELECTORAL ACT‘ NO. 73 OF 1998
[ASSENTED 12 OCTOBER, TO 19981 [DATE COMMENCEMENT: 16 OCTOBER, 19981 OF (Unless otherwise indicated)

(English text signed by the President) as amendedby
Local Government: Municipal Electoral Act, No.27 of 2000

ACT To regulate elections of the National Assembly, the provincial legislatures and municipal councils; and to provide for related matters.
CONTENTS CHAPTER 1 1. 2. 3. 4. INTERPRETATION, APPLICATION ADMINISTRATION ACT AND OF Definitions Interpretation of this Act Application of this Act Administration of this Act CHAPTER 2 REGISTRATION VOTERS, AND VOTERS’ ROLL OF 5 . National common voters’ roll 6. Persons who may apply for registration as voter 7 . Applications for registration as voter 8. Registration 9. Applications to change registration details 10. Applications for deregistration as voter 11. Amendments to voters’ roll by chief electoral offcer 12. Notification by chief electoral officer 13. Appeal against decisionsand steps of chief electoral officer 14. General registration of voters 15. Objections to voters’ roll 16. Publication and copies of voters’ roll CHAPTER 3
PROCLAMATION OF AND PREPARATIONS FOR ELECTIONS

Part I : Proclamation of elections 17. Proclamation of elections of National Assembly 18. Proclamation of elections of provincial legislatures i9. Frociamation of municipai elections

(Issue No 36)

801

STATUTES THE REPUBLIC SOUTH AFRICA-ELECTIONS OF OF '!ecty"..-c!.Act, Np. 71 o 1 998 f 20. Election timetables 2 I. General postponement of elections 22. Postponement of voting at voting station 23. Revote at votingstation

Part 2: Voters's011
24. Voters' roll for election 25. Voters' roll for fist election of National Assembly and provincial legislatures

Past 3: Parties contesting election, and lists of candidates 26. Requirements for parties to contest election 27. Submission of lists of candidates 28. Non-compliance concerning submission of lists of candidates 29. Inspection of copies of lists of candidates and accompanying documents 30. Objections to lists of candidates 3 1. List of parties entitled to contest election and final lists of candidates Part 4: Municipal Councils
32. Further regulating of elections of municipal councils

Part 5: Special votesand declaration votes
33. Special votes 34. Declaration votes

CHAPTER 4

ELECTIONS
Part 1: Voting
35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. Officers at voting stations Hours of voting Initial procedures Voting procedure Assistance to certain voters Issue of new ballot papers Objections concerning voting Sealing of full ballot boxes Completion of form and sealing voting materials of Mobile voting stations More than one electionon same day

Part 2: Counting of votes at voting station 46. Place and time of counting of votes 47. Counting of votes and determination of provisional results 48. Objections concerning sorting of ballot papers 49. Objections concerning counting of votes and determination of provisional results 50. Procedure cocr,crr,ing provisional results and voting materials

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STATUTES THE REPUBLIC OF SOUTH AFRICA-ELECTIONS OF Electoral Act, No. 73 o 1998 f

Part 3: Counting ofvotes at place other than voting station 5 1. Application of Part and procedures 52. Verification procedure 53. Objectionsconcerningverificationprocedure 54. Application of certain sections in Part 2 Part 4: Objectiolzs material to final results of election 55. Objections material to final results of election 56. Powers of Commission and Electoral Court Part 5: Determination and declaration offinal result of election 57. Determination and declaration of final result of election

CHAPTER 5
AGENTS

58. Appointment of party agents 59. Powers and duties of agents

CHAPTER 6 ADMINISTRATION

60. 61. 62. 63.

Part 1: Voting districts Establishment of voting districts Factors for determining voting district boundaries Consultation with party liaison committee Inspection and copies of maps of voting districts Part 2: Voting stations Establishment of voting stations Relocation ofvoting stations in emergencies Organisation of voting stations Mobile voting stations Part 3: Voting materials

64. 65. 66. 67.

68. 69. 70. 71.

Ballot papers Ballot boxes Voting compartments Voting materials

Part 4: Appointment ofoficers,additional persons and institutions, and their powers and duties 72. Appointment of presiding officers 73. Powers and duties of presiding officers 74. Appointment of voting officers 75. Powers and duties of voting officers 76. Appointment of counting officers

STATUTES THE REPUBLIC OF SOUTH OF AFRICA-ELECTIONS clnctnvnl A r t hln 7 3 n f 1 QQR .-., .-. -J - _ _ yI* I .I "

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1

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77. 78. 79. 80. 81. 82. 83.

Powers and duties of counting officers Appointment of counters Powers and duties of counters Appointment of additional persons Powers and duties of additional persons General provisions concerning appointment of officers General provisions concerning appointment of institutions

Part 5: Accreditation of observers and persons providing voter education 84. Accreditation of observers 85. Powers and duties of accredited observers 86. Accredltation of persons providing voter education
CHAPTER 7
GENERAL PROVISIONS

Part 1: Prohibited conduct
Undue influence Impersonation Intentional false statements Infringement of secrecy Prohibitions concerning voting and election materials Prohibitions concerning placards and billboards during election Obstruction of, or non-compliancewith,directions of Commission,chiefelectoral officer and other officers 94. Contravention of Code 87. 88. 89. 90. 91. 92. 93.

Part 2: Enforcement 95. Institution of and intervention in civil proceedings by chief electoral officer 96. Jurisdiction and powers of Electoral court Part 3: Offences and penalties
97. Offences 98. Penalties

99. 100. 101. 102. 103. 104. 105. 106.

Part 4: Additional powers and duties of Commission Electoral Code of Conduct and other Codes Regulations Assignment of powers and duties by Commission Assignment of powers and duties by chief electoral officer Powers to decide objections and appeals Access to private places Ownership of voting and election materials, and disposal Return or forfeiture of deposit

807

STATUTES THE REPUBLIC OF SOUTH AFRICA-ELECTIONS OF Eiectorai iicc, So. 73 o i 996 f 108. Prohibition on certain political activities 109. Prohibition on publication of exit polls 110. Effect of certain irregularities 111. Inspection and copying of documents 112. Prohibition on certain strikes and lockouts 113. 114. 115. 116. 117. Limitation of liability Composition of National Assembly and provincial legislatures Repeal of laws Act binds State Application of Act when inconflict with other laws

118. Short title and commencement

SCHEDULE 1 1. 2. 3. 4. ELECTION TIMETABLE Cut-off time for act to be performed Cut-off date for publicationof voters’ roll Notice that list of addresses of voting stations is available for inspection list Cut-off date for submission of of candidates Notice of non-compliance Inspection oflists of candidates and accompanying documents Cut-off date for objections Decision ofobjections Cut-off date for appeals against decisions Deciding appeals List of parties and candidates entitled to contest election and final list of candidates Issue of certificate to candidates Determination of boundaries of voting stations Prescribing of voting hours Notice ofroute of mobile voting stations

5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15.

SCHEDULE 2 ELECTORAL CODE OF CONDUCT 1. 2. 3. 4. 5. 6. 7. Purpose of Code Promotion of Code Compliance with Code and electoral laws

Public commitment Duty to co-operate Role of women Role of Commission Role of media 8. 9. Prohibited conduct ,n I W . Additioiij to Code

809

STATUTES THE REPUBLIC OF SOUTH OF AFRICA-ELECTIONS

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SCHEDULE 3 COMPOSITION OF NATIONAL ASSEMBLY PROVINCIAL LEGISLATURES AND
1. Formula for determining number of members of National Assembly

2. Formula for determining number of members of provincial legislatures 3. Commission responsible for determination of seats 4. Determination to be published in Government Gazette

SCHEDULE 4
REPEAL OF

LAWS

CHAPTER 1 INTERPRETATION, APPLICATION ADMINISTRATION AND

1. Definitions.-In this Act, unless the context otherwise indicates“agent” means a person appointed in terms of section 5 8 ; “chief electoral officer” means the person appointed in terms of section 12 (1) of the Electoral Commission Act and includes any person designated to act in that capacity in terms of section 12 ( 3 ) of that Act; “Code” means aCodeissuedbytheCommission Electoral Code of Conduct;
under section99, and includesthe

“Commission” means the Electoral Commission, established by section 3 of the Electoral Commission Act; “counter” means a person appointed in terms of section 78; “counting officer” means a person appointed in terms of section 76; “election” means( a ) an election of theNational Assembly; ( b ) an election of a provincial legislature; or (c) an election of a municipal council or a by-election for a municipal council; “election timetable” means a timetable for an election published by the Commission terms of section 20; “Electoral Code of Conduct” means the Code contained in Schedule 2; “Electoral Commission Act” means the Electoral Commission Act, 1996 (Acr No. 5 1 of 1996); “Electoral Court” means the Court established by section sion Act;
18 of the Electoral Commis-

in

“identity document” means an identity document issued after 1 July 1986, in temx of section 8 of the Identification Act, 1986 (Act No. 72 of 1986), or a temporary identity certificate issued in terms of the Identification Act, 1997 (Act No. 68 of 1997); “list of candidates” means the list of candidates referred to in section 27;
e.

LIUII)

“municipal council” means a municipal council referred to in Chapter 7 of the Constitw ~ - .

81 1

ss. 1 - 3

STATUTES THE REPUBLIC OF SOUTH OF AFRICA-ELECTIONS Clor-tnz-nl _ _ - ,” >?fc, 3 c f 1008 Art 7
I .

ss. 1 - 3

“officer” means(a)

presiding a officer; a voting officer; a counting officer; a counter;

(b)
(c)

(4

or any natural personappointed in terms of section 80;

“party liaison committee” means a committee established in terms of the Regulations on Party Liaison Committees published in terms of the Electoral Commission Act; “political office”, in relation to a registered 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 person is appointed; “prescribe” means prescribe by regulation in terms of section 100 and “prescribed” has a corresponding meaning; “prescribed manner” includes any prescribed requirement as to time, process or fornm; “presiding officer” means a person appointed in terms of section 7 2 ; “registered party” means aparty Commission Act;
registered interms of section 15 of the Electoral

“security services” means the services as defmed in section 199 of the Constitution; “serve” means to send byregistered post, telegram, telex or telefax or to deliver by hand; “this Act” includes any regulations made in terms of section 100; “voter” means a South African citizen(a)

who is 18 years old or older;and whose name appears on thevoters’roll;

(b)

“voters’ roll” means the national common voters’ roll compiled in terms of section 5; “voting district” means a voting district established in terms of section 60; “voting officer” means a person appointed in terms of section 74; “voting station” means any voting station established in terms of section 64.
2. Interpretation of this Act.-Every
(a)

person interpreting or applying this Act must

do so in a manner that gives effect to the constitutional declarations, guarantees and responsibilities contained in the Constitution; and takeinto account anyappropriateCode. Act applies to every-

(b)

3. Application of this Act.-This
(a)

electionof theNationalAssembly; election of a provinciallegislature; and election of a municipal council or a by-election for such council @,t, cf rom-yp~?cernpntgf s. 3 ( r ) to hp n r q - l x i m d ) \-I r-.
,

(b)
(c)

813

STATUTES THE REPUBLIC OF SOUTH OF AFRICA-ELECTIONS

ss. 4 - 9

Electoral Act, No. 73 o 1998 f
Commission must administer this Act.

ss. 4 - 9

4. Administration of this Act.-The

CHAPTER 2 REGISTRATION VOTERS’ AND VOTERS’ ROLL OF

5. National common voters’ roll.-The tain a national common voters’ roll.

chief electoral officer must compile and main-

6. Persons who may apply for registration as voter.-(1) Any South African citizen in possession of an identity document may apply for registration as a voter.
(2) For the purposes of the general registration of voters contemplated in section 14, an identity document includes a temporary certificate in a form which corresponds materially with a form prescribed by the Minister of Home Affairs by notice in the Government Gazette and issued by the Director-General of Home Affairs to a South African citizen from particulars contained in the population register and who has applied for an identity document.

7. Applications for registration as voter.-(1) A person applying for registration as a voter must do so( a ) in the prescribedmanner; and (6) only for the voting district in which that person is ordinarily resident.
(2) For the purposes of this section the head office in the Republic of a person referred to in section 33 (1) (a) (ii) is regarded as the ordinary place of residence of that person or a member of that person’s household.
( 3 ) ( a ) A person is regarded to be ordinarily resident at the home or pla.ce where that person normally lives and to which that person regularly returns after any period of temporary absence. ( ) For the purpose of registration on the voters’ roll a person is not regarded to be 6 ordinarily resident at a place where that person is lawfully imprisoned or detained, but at the last home or place where that person normallylived when not imprisoned or detained.
[Sub-s. (3) added by s. 93 of Act No. 27 of ZOOO.]

8. Registration.-(1) If satisfied that aperson’sapplicationforregistration complies with this Act, the chief electoral officer must register that person as a voter by making the requisite entries in thevoters’ roll.
(2) The chiefelectoral officer may not register a person as a voter if that person( a ) has applied for registration fraudulently or otherwise than in the prescribed manner; ( b ) is notaSouth African citizen; (c) has been declared by the High Court to be of unsound mind or mentally disordered; (6) is detained under the Mental Health Act, 1973 (Act No. 18 of 1973); or ( e ) is not ordinarily resident in the voting district for which that person has applied for registration.
(3) A person’s name may not be entered in the voters’ roll for more than one voting

district.

9. Applications to change registration details.-(1) A registered voter or person who has applied for registrationasavoterandwhosename or ordinary place of residence’ has changed, must apply in the prescribed manner to have that change recorded in the voters’ roll or in that person’s application.
(2) No one need to apply whena change of name resultsfroma
status. change in marital

(Issue No 36)

815

SS.

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STATUTES OF THE REPUBLIC OF SOUTH AFRICA-ELECTIONS Eiectorui Act, Zo. 73 of1998

66.

9-1 . :

(3) If satisfied that a person’s application complies with this Act, officer mustrecord the change in the voters’ roll or application.

the chief electoral

10. Applications for deregistration as voter.-(1) deregistration as a voter in the prescribed manner.

A registeredvotermayapply

for

(2) On receipt of an application for deregistration as a voter, the chief electoral officer must remove the applicant’s name from voters’ roll. the

11. Amendments to voters’ roll by chief electoral officer.-(1) The chiefelectoral officer must( a ) change the registration details of a voter, if the chief electoral officer is satisfied that the details of that voter as reflected in the voters’ roll are incorrect or have changed; or ( b ) deregister a voter, if the chiefelectoralofficer is satisfied that thatvoter does not qualify or no longer qualifies for registration.
(2) The chief electoral officer must record in the voters’ roll or a person’s application any change in voting district for which a person is registered as a voter or has applied for registration, if that person’s place of ordinary residence after a change in the boundaries of that voting district falls in another voting district.

12. Notification by chief electoral officer.-( 1) The chief electoral officer must notify, in the prescribed manner,a person(a) whoseapplication in terms of section 7 for registration as a voter has been refused; ( b ) whose application in t e r n of section 9 to have a change of name or ordinary place of residence recorded, has been refused; (c) who has been deregistered as a voter in terms of section 11; or (4 whose registration details have been changed in terms of section 1 1. (2) The notification must give reasons for the refusal or step concerned 13. Appeal against decisions and steps of chief electoral officer.-( 1) A person mentioned in section 12 (1) who feels aggrieved by a decision or step taken by the chief electoral officer in terms of section 8, 9 or 1 1 , may appeal to the Commission against that decision or step inthe prescribed manner. (2) The Commission, in the prescribed manner, must consider and decide the appeal and notify the appellant and chief electoral officer of the decision.
(3) No appeal may be brought against the decision of the Commission, :subject to section 20 (2) ( a ) of the Electoral Commission Act.

14. General registration of voters.-( 1) The Commission must, for the compilation of the voters’ roll contemplated in section 5 , conduct a general registration of voters. (2) The Commission may prescribe cut-off dates in respect of the general registration of voters and the compilation of the voters’ roll, including the date by which( a ) any person who wants to be included in the voters’ roll must have applied for registration as a voter in terms of section 7 or for the change of registration details in terms of section 9; ( b ) the chief electoral officer must notify a person in terms of section 12; (c) an appellant must note an appeal in terms of section 13; (4 the Conmission mustconsiderand decide the appeal and notifytheappellant and the chief eiectorai officer of <ne decision;

817

STATUTES THE REPUBLIC OF SOUTH AFRICA-ELECTIONS OF
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the chief electoral officer must give notice of the periods during which and the venues where a provisionally compiled voters’ roll will be available for inspection; any objections in terms of section 15 in respect of a provisionally compiled voters’ roll must be made; theCommissionmustdecide an objectionmadeinterms of section 15 and notify the objector and the chief electoral officer and a person other than the objector whose name or registration details are involved; and the chief electoral officer must complete the compilation of the voters’ roll and publlsh it.

15. Objections to voters’ roll.-( 1) In relation to any segment of the voters’ roll or a provisionally compiled voters’ roll, any person may object to the Commission in the prescribed manner t o -

(a) (b)
(c)

the exclusion of any person’s name from that segment; the inclusion of any person’s name in that segment; or the correctness of any person’s registration details in that segment.

(2) A person who objects to the exclusion or inclusion of the name of another person, or to the correctness of that person’s registration details, must serve notice of the objection on that person.

(3) The Commission must decide an objection and, except for an objection in relation to a provisionally compiled voters’ roll, by not later than 14 days after the objection was made, notify the following persons of the decision:
(a)

Thepersonwhomadetheobjection; thechiefelectoralofficer;and in the case of an objection against the exclusion or inclusion of the name, or the correctness of the registration details, of a person other than the objector, that other person.

(b)
(c)

(4) The chief electoral officer must give effect to terms of subsection (3) within three days.

a decision of the Commission in

(5) No appeal may be brought against the Commission’s decision, subject 20 (2) (a) of the Electoral Commission Act.

to section

16. Publication and copies of voters’ roll.-( 1) A copy of the voters’ roll as it exists at any time must be available for inspection during office hours at the Commission’s head office, and the provincial and municipal segments of the voters’ roll must be available for inspection at the times and venues mentioned in a notice published by the chief electoral officer in the Government Gazette.

(2) The chief eIectora1 officer must provide a certified copy of, or extract from, a segmfzt ofthe \~nters’re!! rrs it exists rrt t h t time, tc! any persc?~ who has paid the prescribed fee.

819

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STATUTES OF THE &PUBLIC OF SOUTH AFRICA-ELECTIONS Electoral Act, No. 73 o 1998 f CHAPTER 3 PIZOCLAMATIOI\:OF AND PREPARATIONSFOR ELECTIONS
Part 1: Proclamation of elections

SS.

17 - 22

17. Proclamation of elections of National Assembly.-(1) Whenever the President or Acting President calls an election of the National Assembly the proclamation concerned must set a single day and datefor voting.

(2) The voting day must bedetermined after consultation with the Commission.
18. Proclamation of elections of provincial legislatures.-(1) Whenever the President or the Premier or Acting Premier of a province calls an election of the provincial legislature the proclamation concerned must set single day and date for voting. a

(2) The voting day must be determined after consultation with the Commission. 19. Proclamation of municipal elections.-Municipal elections must be called in accordance with Chapter 7 of the Constitution and national or provincial legislation thereunder. 20. Election timetables.-(1) national liaison committee(a)

The Commissionmustafterconsultationwiththe

party

compile an election timetable for each election substantially in accordance with Schedule 1; and publish the election timetable in the

(b)

Government Gazette.

(2) The Commission may amend the election timetable Gazette(a)

by notice in the Governlnenf

if it considers it necessary for a free and fair election; or if the voting day is postponed in terms of section 2 1.

(b)

21. General postponement of elections.-( 1) The Commission may request the person who called an election to postpone the voting day for that election, provided the Commissionis satisfied that(a)
(b) the postponement is necessary for ensuring a free and fair election; and the voting day for the election will still fall within the period as required by the Constitution or national or provincial legislation thereunder.

(2) If the person to whom the request is made accedes to the request, that person, by proclamation or notice in the GovernmentGazette, mustpostponethe voting day for the election to a day determined by that person, but that day must fall within the period refelled to in subsection (1) (b).
22. Postponement of voting at voting station.-(1) If it is not reasonably possible to conduct a free and fair election at a voting station on the proclaimed voting day, the Conmission may at any time before the voting at a voting station has commenced, postpone voting at that voting station.

(2) A postponement in terms of subsection (1) must be(a) effectedintheprescribedmanner; (b)

to a day that would still fall within and

the period referred to in section 21 ( 1 ) ( h ) ;

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STATUTES OF THE REPUBLIC SOUTH OF

ss. 22 - 26

Electoral Act.

AFRICA-ELECTIONS No. 73 of 1998

SS.

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(c)

publicised in the media considered appropriate so as to ensure wide publicity of the postponement ofthe voting day at that voting station.

23. Revote at voting station.-(I) 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 or the provisional result that for voting station has been determined and announced, the Commissionmay allow a revote at that voting station. (2) A revote at a voting station must be(a)
(b) conducted on a date that would still fall within the period referred to in section 21 (1) ( b ) ; publicised in the media considered appropriate so as to ensure wide publicity of the date determined for the revote; and conducted in accordance with a procedure prescribed by the Commission which is consistent with the principles providedfor in Chapter 4.

(c)

Part 2: Voters’ roll 24. Voters’ roll for election.-( 1) The voters’ roll, or the segments of the voters’ roll that must be used for an election, are those as they exist on the day the election is proclaimed.
(2) By not later than the relevant date stated in the election time table, the chief electoral officer must certify the voters’ roll or the segments of the voters’ roll to be used in that election and publish it by making it available for inspection at the following venues:

(a)
(b)

At the Commission’s head office, the election will take place;

the segments for all voting districts in which

ineachprovince,at the office of the Commission’sprovincialrepresentative, the segments for all voting districts in the province in which the election will take place; and at the office of eachmunicipality, the segments for all votingdistricts in that municipality in which the election will take place.

(c)

25. Voters’ roll for first elections of National Assembly and provincial legislatures.-( 1) Section 24 does not apply in respect of the first election of the National Assembly and the fiist election of a provincial legislature referred to in items 6 (3) ( a ) and 11 (1) ( a ) of Schedule 6 to the Constitution, respectively.
(2) The voters’ roll that must be used for the elections referred to in subsection (1) is the voters’ roll compiled by the chief electoral officer in terms of section 5 and published by that officer by thedate referred to in section 14 (2) (A).

Part 3: Parties contesting election, and lists of candidates 26.Requirementsforparties only ifthat pafly(a)
(b)

to contestelection.-A

party maycontest

an election

is a registered party; and
has submitted a list of candidates in terms of section 27

823

27. Submission of lists of candidates.-(I) A registered party intending to contest an election must nominate candidates and submit a list or lists of those candidates for that election to the chief electoral officer in the prescribed manner by not later than the relevant date stated in the election timetable.
(2) The list or lists must be accompanied by a prescribed(a)

undertaking, signed by thedulyauthorisedrepresentative of the party, binding the party, persons holding political office in the party, and its representatives and members, to the Code; declaration, signed by the duly authorised representative of the party, that each candidate on the list is qualified to stand for election in terms of the Constitution or national or provincial legislation under Chapter 7 of the Constitution; acceptance of nomination, signed by each candidate; undertaking signed by each candidate, that Code; and deposit. that candidate will be bound by the

(b)

(c)

(4
(e)

( 3 ) ( a ) The Commission may prescribe the amount to be deposited in terms of subsection (2) (e).

( b ) The amount to be deposited by aregistered party contesting an election of a provincial legislature, must be less than the amount for contesting an election of the National Assembly.
28. Non-compliance concerning submission of lists of candidates.-( 1) If a registered party that has submitted a list of candidates has not fully complied with section 27, the chief electoral officer must notify that party of its non-compliance. (2) The notification must be given in the prescribed manner by not later than the relevant date stated in the election timetable, and must indicate that the party has an opportunityto comply with section 27 by not later than the relevant date stated the election timetable. in

(3) The opportunity provided for in subsection (2) includes an opportunity to substitute a candidate and to re-order the names on that list as a result of that substitution.
29. Inspection of copies of lists of candidates and accompanying documents.the relevantdatestatedin the electiontimetable,thechiefelectoral officer must give notice that copies of the lists of candidates and accompanying documents submitted by registered parties in terms of section 27, as amended and supplemented in terms of section 28, will be available for inspection.
(1) By not laterthan

(2) The notice must be(a)
published in the Govemmerzt Gazette; and publicised in the media considered appropriate by the chief electoral officer as to ensure wide publicity of the lists.
so

(b)

(3) The notice must state, and the chief electoral officer must ensure, that for the relevant period stated in the election timetabIe(a)

copies of thelists for(i) an election of the National Assembly, will be available for inspection at the Commission’s head office, a place in each province designated in the notice and the office of each municipality in the country: and

825

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STATUTES OF THE REPUBLIC SOUTH AFRICA-ELECTIONS OF Eleciur-ulAci, I"vu. 73 0 13Sg ;

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(ii) an election of a provincial legislature, will be available for inspection at the Commission's head office, a place in the province designated in the notice and the office of each municipality in that province; and

( ) copies of the documentsaccompanyingthe 6
the Commission's head office.

lists areavailable for inspectionat docu-

(4) Any person may inspect a copy of a list of candidates and accompanying ments referred to in subsection (1).

( 5 ) The chief electoral officer must provide a certified copy of, or extract from, a list of candidates or document referred to insubsection (l), to any person who has paid the prescribed fee. 30. Objectionsto lists of candidates.-(I) Anyperson,including the chief electoral officer, may object to nomination of a candidate on the following grounds: the

(a) (b)
(c)

The candidate is not qualified to stand in the election; there is no prescribed acceptance of nomination signed by the candidate; or there is no prescribed undertaking, signed by the candidate, that the candidate bound by theCode.
is

(2) The objection must be made to the Commission in the prescribed manner by not later than the relevant date stated in the election timetable, and must be served on the registered party that nominatedthe candidate.

(3) The Commission must decide the objection, and must notify the objector and the registered party that nominated the candidate of the decision in the prescribed manner by not later than the relevant date stated in the election timetable.
(4) The objector, or the registered party whonominatedthecandidate, may appeal against the decisionof the Commission to the Electoral Court in the prescribed manner and by not later than the relevantdate stated in the election timetable. (5) The Electoral Court must consider and decide the appeal and notify the parties to the appeal and the chief electoral officer of the decision in the prescribed manner and by not later than the relevant datestated in the election timetable.
(6) If the Commission or theElectoralCourtdecides that a candidate's nomination does not comply with section 27, the Commission or the Electoral Court may allow the registered party an opportunity to comply with that section, including an opportunity to substitute a candidate and tore-order the names on the list as a result of that substitution.

31. List of parties entitled to contest election and final lists of candidates.-(I) By not laterthanthe relevant date stated in theelectiontimetable,thechiefelectoral officer must(a)

give effect to a decision of the Commission in terms of section 30 (3) and to a decision of the Electoral Court in terms of section 30 ( 5 ) ; and compile a list of the registered parties entitled to contest the election concerned and have the final list of candidates for each of those parties available.

(b)

(2) The chief electoral officer must provide a certified copy of, or extract from, a list r,leztiGIm! ir, SuSsectiGr, (1) (h) t s 22y persor, whs hzs n 2 i J the pr!Xribe(! fee. r---

----

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STATUTES OF THE REPUBLIC OF SOUTH AFRICA-ELECTIONS Electorol 40, No. 7.3 of1998

ss. 31 - 34

(3) By not later than the relevant date stated in the election timetable, the chief electoral officer must issue to each candidate on a final list of candidates for an election, a certificate stating that the person is a candidate in that election.

Part 4: Municipal councils

32. Further regulating of elections of municipal councils.-Whenever it may be necessary to hrther regulate elections of or by-elections for municipal councils the Commission may, subject to the provisions of Chapter 7 of the Constitution and of national or provincial legislation under that Chapter, make regulations regardingthe calling of municipal elections; election time-tables; party lists of candidates; candidatescontestingelections of or by-electionsformunicipalcouncils, the payment of deposits by candidates, the return or forfeiture thereof, the inspection of lists of candidates and objections to candidates; the postponement of voting at a voting station; voting procedures; counting of votes and objections material to final results of elections; the appointment of candidate agents; and generally, any other matter which is necessary or expedient to be prescribed in order to achieve the objects of this Act and of Chapter 7 of the Constitution or national or provincial legislature thereunder.

Part 5: Special votes and declaration votes 33. Special votes.-(
(a)

1) The Commission-

must allow a person to apply for a special vote if that person cannot vote at a voting station in the voting district in which the person is registered as a voter, due to that person’s(i) physical infirmity or disability, or pregnancy; (ii) absence from the Republic on Government service or membership of the household of the person so being absent; or (iii) absence from that voting district while serving as an officer in the election concerned, or while on duty as a member of the security services in connection with the election;

(b)

may prescribe other categories of persons who may apply for special votes

(2) The Cornmission must prescribe(a)

the procedure for applying for special votes; and procedures, consistent in principle with Chapter 4, for the casting and counting of specialvotes. Commission may prescribe-

(b)

34. Declaration votes.-The
(a)

circumstances in andconditions on whichaperson who is unavoidablyand unforeseeably unable to vote in the voting district in which that person is registered as a voter, may apply to vote elsewhere;
the procedure for app!ying for declaration votes; and

(b)

829

SS.

34 - 38
(e)

STATUTES THE REPUBLIC OF SOUTH OF AFRICA-ELECTIONS Electoral Act, No. 73 o 1998 f

SS.

34 - 38

procedures, consistent in principle with Chapter 4, for the casting and counting of declaration votes.

CHAPTER 4
ELECTIONS

Part I : Voting 35. Officers at voting
by(a)

stations.-On

votingdayeachvoting

stationmust bestaffed

(b)

thepresiding officer appointed for that votingstation, whomay exercise the powers and must perform the duties assigned to a presiding officer by or under this Act; and the voting officers appointed for that voting station, whomay exercise the powers and must perform the duties assigned to a voting officer by or under this Act.

36. Hours of voting.-(1) By not laterthan the relevantdate stated in the election timetable, the Commission must prescribe the voting hours foran election. (2) If it is necessary for ensuring a free and fair election, the scribe different voting hours for different voting stations.

Commission may prehours in the media

(3) The chief electoral officer must publish the prescribed voting considered appropriate so as to ensure wide publicity of those hours.

(4) A voting station must( a ) open for voting at the prescribed time; and ( b ) subject to subsection (7) ( b ) ,remain open for voting until the prescribed time, or such later time as the Commission may determine in terms subsection (7) ( a ) . of (5) No person may be admitted to a voting station for the purpose of voting after the voting station has closed for voting.

(6) Voting at a voting station must continue until every voterhas voted w h o ( a ) is entitled to vote at that voting station; and (b) hadreportedfor voting at thatvotingstation at thetimeprescribed for that
voting station to close for voting.

(7) To ensure a free and fair election, the Commission( a ) on thevotingday, may extendvoting hours at a votmg station until as late as midnight on that voting day; or ( b ) may temporarily close a voting station for part of voting day if it is temporarily impossible to conduct a free and fair election at that voting station.
37. Initial procedures.-Immediatelybeforeopeningavoting station for voting, the presiding officer must( a ) show all agents present that each ballot box to be used at that voting station is empty; and ( b ) in thepresence of thoseagents close and secure the ballot boxes in the prescribed manner.
38. Voting procedure.-(1) A voter may only vote once in an election, and may vote only at the voting station in the voting district for which that voter is registered.

83 1

STATUTES OF THE REPUBLIC OF SOUTH AFRICA-ELECTIONS

ss. 38 - 39

Eiectorai Act, iVo. 73 ofi9PS

ss.

3s - 3

(2) A voter is entitled to vote at a voting station(a)

on productionofthat voter’s identity document tothe presiding officer or a voting officer at the votmg station; and if that voter’s name is in the certified segment of the voters’ roll for the voting district concerned.

(6)

(3) When a voter produces an identity document to a presiding officer or voting officer as required by subsection (2) (a), the presiding officer or voting officer must examine the identity document and determine whether(a)

the voter is the person described in that identity document; the voter’s name isin the certified segment of the voters’ roll for the voting district concerned; and that voter has not already voted in the election.

(b)
(c)

(4) For the purposes of subsection (3) (a), the presiding 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; mark the hand of the voter in the prescribed manner; mark the back of a ballot paper for that election; and hand the ballot paper to the voter.

(b)
(c)

(4

(6) Once the voter has received a ballot paper marked in terms of subsection (5) (a), the voter must(a)

enteranempty voting compartment; mark the ballot paper in a way that indicates the registered party or candidate the voter wishes to vote for; fold the ballot paper to conceal the voter’s vote; take the ballot paper to a ballot box for the election and show it to the presiding officer or a voting officer in a way that that officer can see the mark made in terms of subsection(5) (a); place the ballot paper in the ballot box; and without delay leave the voting station.

(6)
(c)

(4
(e)
v)

(7) The voting compartment must complywith the provisions of section 70.
39. Assistance to certain voters.-(]) The presiding officer or a voting officer, at the request of a voter who is unable to read, must assist that voter in voting in the presence of(a)

a person appointed in terms of section 85 by an accredited observer, if available; and

(b)

two agents from different parties, if available.
the voter requires assistance due to a physical disability; the voter has requested to be assisted by that person; and the presiding officer is satisfied that that person has attained the age of 18 years.

(2) A person may assist a voter in voting if(a)

(b)

(e)

(3) The secrecy of voting contemplated in section 38 must be preserved in the application of illis section.

833

ss. 40 - 43

STATUTES THE REPUBLIC OF SOUTH OF AFRICA-ELECTIONS Electoral Act, No. 73 of-1998

ss. 46 - 43

40. Issue of new ballot papers.-(1) If a voter accidentally marks a ballot paper in a way that does not indicate for whom the voter wishes to vote and the ballot paper has not yet been placed in the ballot box-

(a) (b)

the voter may return that ballot paper to the presiding officer or a voting officer; thatofficermustdealwith the ballotpaper in accordancewithsubsection ( I ) , and must give the voter a new ballot paper in accordance with section 38 (5); and the voter may vote in accordance with section 38 (6).

(c)

(2) Upon receiving a ballot paper from voter in terms of subsection (I), the presiding a officer or a voting officer must mark “cancelled” on the back of the ballot paper and file it separately tobe dealt with in accordance with section 43.
41. Objections concerning voting.-(1) At any time before a voter has been handed a ballot paper, an agent may object to that voter being entitled to vote or to vote at the voting station concerned.
(2) An agent, or the voter concerned, may objectif the voter is refused a ballot paper.

(3) An agent, or a voter, may object to any conduct, other than that mentioned in subsection (1) or (2), of an officer, an agent, or any other person present a voting station. at (4) An objection in terms of subsection (1), (2) or (3) must be made to the presiding officer in the prescribed manner.

(5) The presiding officer, in the prescribed manner, must decide the objection and notify the objector and any other parties involved the objection, of the decision. in
(6) An appealagainst the decision of thepresiding officer may be notedwith the Commission in the prescribed manner and time.
(7) The presiding officer must keep a written record in the prescribed manner of each objection and decision madein terms of this section.

42. Sealing of full ballot boxes.-(1) A s soon as a ballot box is full, the presiding o f f cer, in the presence of any agents present, must seal the ballot box in the prescribed manner and allowthose agents to affix their seals thereto. (2) Immediately after the last vote has been cast, every remaining used ballot boxmust be similarly dealt with.
(3) A sealed ballot box must remain(u)

sealed until opened for the counting of votes in terms of section 46 (1); and
in the voting station until the commencement of the counting of the votes there or, if the votes are not to be counted at that voting station, until removed for delivery in terms of section 43 (3).

(b)

43. Completion of form and sealing of voting materials.-(I) As soon as practicable after the close of a voting station for voting, presiding officer, in the presence of any agents the present, must-

(a)

complete a form reflecting the number of(i) ballot boxes entrusted to that presiding officer;

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

835

STATUTESTHE REPLBLIC OF
ss. $3 - $5
L.

OF
1" ..

Plnntn.*"l ,A"A d CC'V,. 1 L ' )

hln

SOUTH AFRICA-ELECTIONS 73 ,f!?OS

$3.

43 - 46

(iv) ballot papers entrusted to that presiding officer; (v) issued ballot papers; (vi) unissued ballot papers; and (vii) cancelled ballot papers;

(b)
(c)

seal each unused ballot box entrusted to that presiding officer; sealin separate containers-

(i) the certified segment of the voters' roll for that 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 section 41 (7), of any objections concerning voting; and

(4

allow those agents to affix their sealsto the items mentioned in paragraphs (6) and (c).

(2) If the votes in an election 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 for that votingstation the items mentionedin subsection (1).
(3) If the votes in an election are not to be counted at the voting station at which those votes were cast, the presiding officer must deliver the following to the counting officer of a counting venue determined bythe Commission in terms of section 46 (1) (b):
(a)

The form mentioned i subsection (1) {a); n the sealed, used ballot boxes; the sealed, unused ballot boxes;and the sealed containers mentioned in subsection (1) (c).

(b)
(c)

(4

44. Mobile voting stations.-(1) If the Commission decides to use mobile voting stations in an election, the Commission must prescribe voting procedures, substantially in accordance with sections35 to 43, for those voting stations.

(2) Immediately after a mobile voting station is closed for voting, the presiding officer responsible for that voting station must act in accordance with section 43 ( 3 ) . 45. More than oneelection on same day.-If more than one election is held at a voting station on the same day, the Commission must prescribe voting procedures, substantially in accordance with sections 35to 43, for each of those elections.

Part 2: Counting ofvotes at voting station
46. Place and time of counting of votes.-(I) tion at which those votes werecast, except whenVotes must be counted at the voting sta-

(a)
(b)

the voting station is a mobile voting station; or in the interest of ensuring a free and fair election, the Commission determines that those votesbe counted at another counting venue.

(2) The counting officer must ensure that the procedures set out in this Part commence as soon as practicable after the voting station is closed for voting, and continue unintenupted ?Jztilt",y -*- PnmnletPrl -.,* _-_--.
J

1TP

(Issue N o 33 - Supplementary)

837

SS.

46 - 49

STATUTES THE REPUBLIC OF SOUTH OF AFRICA-ELECTIONS Electoral Act, No. 73 o 1998 f

SS.

46 - 49

(3) The procedures provided for in this Part may be suspended only with the consent of the Commissionand, if they are suspended, the counting officer mustensure the safekeeping of all the voting materials entrusted to the counting officer until the counting of votes has been completed.
47. Counting of votes and determination of provisional results.-(1) Thecounting officer must open all the used ballot boxes that were sealedin terms of section 42 or (2). (1)
(2) The counting officer must(a)

cause the ballot papers to be sorted on the basis of the ballot papers for each election if more than one election was held at a voting station on the same day; causethe ballot papers for each election to besortedandcompare number of ballot papers issued in the prescribed manner; determine the result of each count at that voting station. that indicates the identity of the voter; on which a vote is cast for more than one registered party or for more than one candidate; that is unmarked; that is marked in such a way that it is not reasonably possible to determine the voter’s choice; that does not bear the mark required in terms of section 38 ( 5 ) (c); or that is not an official ballot paper.
it with the

(b)
(c)

cause the votes cast in each election to be counted in the prescribed manner; and

(4
(a)

(3) The counting officer must reject a ballot paper-

(b)
(e)

(4
(e)

v>

(4) The counting officer must mark “rejected”on the back of each rejected ballot paper and file the rejected ballot papers separately.

(5) If a counting officer’s acceptance or rejection of a ballot paper is disputed by an agent, the counting officer must(a)

mark “disputed” on the back of that ballot paper; file separately,butcause disputed; and to be counted,theaccepted ballot papers that are

(b)

(c)

file separately the rejected ballot papers that are disputed.

48. Objections concerning sorting of ballot papers.-( 1) An agent may object to any alleged irregularity in the sorting of the ballot papers in terms of section 47 (2) ( a ) or (6). (2) The objection must be made to the counting officer in the prescribed manner at any stage before the counting officer has completed the form mentioned in section 48.
( 3 ) Section 41 (5) to (7), adjusted as may contextually be necessary, applies to the ob-

jection. 49.Objectionsconcerningcounting of votes and determination of provisional results.-( 1) An agent may object to an alleged inaccuracy in the counting of the votes or the determination of a result in terms of section47 (2) ( e ) or (4.
(2) The objection must be made to the counting officer in the prescribed manner at any stage beforethe counting officer has completed the form mentioned in section 50.

(3) Thecounting officer mustdecide whether to order a recount.

the objectionin

the prescribedmannerand

839

STATUTES OF THE REPUBLIC OF SOUTH AFRICA-ELECTIONS

ss. 49 - 52

Electoral Act, No.

1 3 of 1998

ss. 49 - 52

(4) The counting officer must notify the objector and any other parties involved in the objection, of the decision made in terms of subsection (3). (5) If the counting officer orders a recount, the counting officer must determine afiesh the result.

(6) An appeal against the decision of the counting officer may be noted with the Commission in the prescribed manner and time.
(7) The counting officer must keep a written record in the prescribed manner of each objection in terms of subsection (1) and each decision in terms of subsection (3).

50. Procedure concerning provisional results and voting materials.-( 1) After determining the result at a voting station, the counting officer must complete a form reflect"g(a) the number of ballot papers supplied to the voting station; ( 6 ) the result at the voting station; (c) the number of counted ballot papers that were not disputed; (6) the number of counted ballot papers that were disputed; ( e ) the number of rejected ballot papers that were not disputed; cfl the number of rejected ballot papers that were disputed; (g) the number of cancelled ballot papers; and (h) the number of unused ballot papers.

(2) Once the counting officer has complied with subsection (l), the counting officer must announce the result of the count at the voting station to members of thepublic and agents present at the voting station.
(3) Once the counting officer has complied with subsection ( 2 ) , the counting officer must inform the Commission of the result of the count at the voting station.

(4) Once the counting officer has complied with subsection ( 3 ) , the counting officer
must-

(a)
(b)

seal in separate containers each of the items mentioned in subsection (1) and the written record of any objections in terms of section 48 or 49; and deliver the form completed in terms of subsection (1) and the sealed containers to an officer designated by the chief electoral officer.

Part 3: Counting o votes at place other than voting station f 51. Application of Part andprocedures.-(I) votes mentioned in section 46 (1) ( a ) or (6).
This Part applies to the counting of

(2) The counting officer must ensure thatthe procedures providedfor in this Part commence as soon as practicable after receipt of the items mentioned in section 43 (3), and continue uninterrupted until they are completed.
(3) The procedures provided for in this Part may be suspended only with the consent of theCommission and, if they are suspended, the counting officer must ensure the safekeeping of all the voting materials entrusted to the counting officer until the counting of votes has been completed.
52. Verification procedure.-(1) After receipt of the items mentioned in section 43 ( 3 ) , the counting officer must examine whether the seals are intact on those items.

(2) The counting officer must allow any agents present to examine whether the seals are intact. (2) After examiningthe cc-,,- -..^e LUG ~ ~ u l l LG~~~~~ u l ~ L1lusL vpLLl a the scakc! ba!!o: ! boxes and containers and must verify the form conlpleted by the presiding officer in terms of section 43 (1) ( a ) by comparing it with+I .

--..--4:--

- - ~ ~

SS.

52 - 56

STATUTES THE REPUBLIC SOUTH AFRICA-ELECTIONS OF OF Electoral Act, No. 73 o 1998 f ss. 52 - 56 the number of used ballot boxes received; the number of unused ballot boxes received; the numberofcontainersreceived; and the contents of those boxes and containers.

(a)
(b)
(c)

(4

(4) The counting officer must deal with any irregularities and discrepancies in the prescribed manner.

( 5 ) The counting officer must keep a written record in the prescribed manner of any irregularities and discrepancies and the manner in which those irregularities and discrepancies were dealt with.
53. Objections concerning verification procedure.-(1) At any time before the counting of votes commences, an agentmay object to any alleged irregularity or inaccuracy in the verification procedure performed by the counting officer.

(2) The objection mustbe made to the counting officer in the prescribed manner.
(3)Section41 objection.

( ) to () adjusted as maycontextually be necessary,applies to the 5 7,

54. Application of certain sections in Part 2.-Sections47to 50,adjusted as may contextually be necessary, apply to the counting of votes and the determination of the result at a venue other than a voting station, objections and procedures concerning results and voting materials. Part 4: Objections rnaterial to final results o electiorz f
55. Objections material to final results of election.-(1) Despite Parts 1 to 3 of this Chapter, any interested party may make an objection concerning any aspect an election that of is material to the f i a l result of the election.

(2) The objection must be made to the Commission in the prescribed manner not later than 21:OO on the second day after the voting day.
(3) The Commission, on good cause shown, may condone a late objection. (4) The Commission, in the prescribed manner, must decide the objection, and must notify the objector and any other parties involved in the objection, of the decision.

(5) An objector or other party involved in objection and whofeels aggrieved by the the decision of the Commission, may appealto the Electoral Courtin the prescribed manner.
(6) The Eiectoral Court, in the prescribed marmer, must consider and decide the appeal and notify the parties to the appeal of its decision.
(7) The result of an election is not suspended pending

the decision of the Electoral

Court. 56. Powers of Commission and Electoral Court.-If the Commission or the Electoral Court decides, whether as a result of an objection or appeal brought under section55 or otherwise, that a serious irregularity has occurred concerning any aspect of an election, the Commission or the Eiectoral Court mayorder-

(a)

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

843

ss. 56 - 59

STATUTES OF THE REPIJBLIC OF SOUTH AFRICA-ELECTIONS Eiec10ol-uiAicl, iv'o. 73 ojY99s

ss. 56 - 59

(b)

that the votes cast in favour of aregisteredparty or candidate at a particular voting station must be deducted in whole or in part from the votescast in favour of that registered party or candidate that election. in

Part 5: Determination and declaration offinal result of election

57. Determination and declaration of final result of election.-(1) The Commission must determine and declare the result of an election by adding together the results received from all voting stations.
(2) The determination and declaration of the result of an election must occur within seven days afterthe voting day, butnot( a ) sooner than 21:OO of the second day after the voting day; or ( b ) before all objectionsmadeundersection 55 havebeen dealt withinterms of that section, other than an appeal to the Electoral Court in terms of subsection ( 5 ) of that section.
(3) The Commissionmaydetermineanddeclarethe result ofanelectionwithout having received theresults of all voting stations, if( a ) to wait for the receipt of the result from every voting station would unduly and unreasonably delay the determination and declaration of the result of that election; and (b) the outstanding results are not likely to materially influence the overall result of that election.

(4) If theCommission is unable to determineanddeclarethe result of an election within the seven-day period required by subsection (2) (c), the Commission must apply to the Electoral Court foran extension of that period.

( 5 ) The Electoral Court, on good cause shown, may extend period within which the the Commission must determine and declare result of an election. the

CHAPTER 5 AGENTS 58.Appointment of party agents.-(1) Everyregisteredpartycontesting an election may appoint(a) two party agents for each voting station; and ( b ) four party agents for each venue where the proceedings provided for in Part 3 or 5 of Chapter 4 take place.

(2) A party agent( a ) must be a South African citizen; and (b) may not be a candidate in an election.

(3) The appointment and revocation of appointment of a person as a party agent must be effected in the prescribed manner.
59. Powers and duties of agents.-( 1) An agent may observe the proceedings provided for in(a) Part 1 ofChapter 4 concerningvoting; (b) Parts 2 and 3 of Chapter 4 concerning the counting of votes; and ( c ) Part 5 of Chapter 4 concerning the determination and declaration of the result of
011 L.*LCLI"*I.

..

elec+:--

845

STATUTES OF THE REPUBLIC OF SOUTH AFRICA-ELECTIONS

ss. 59 - 62

Electoral Act,

No. 73 o 1998 f

SS.

59 - 62

(2) The absence of an agent from a place where any electoral proceedings are being conducted does notinvalidate those proceedmgs.
(3) Whilst present at any voting station, or venue where the proceedings provided for in Part 3 or 5 of Chapter 4 take place, an agent must( a ) wear the prescribed identification indicating(i) that the person is an agent; and (ii) the registered party or candidate represented by that agent; and (b) comply with any order issued by(i) an officer; or (ii) a member of the security services acting on the instructions of an officer.

CHAPTER 6 ADMINISTRATION

Part 1: Voting districts 60. Establishment of voting districts.-( 1) The Commission must( a ) establish voting districts for the whole of the territory of the Republic; ( b ) determine the boundaries of each voting district in accordance with the factors mentioned in section 6 1 ; and ( e ) keep a map of each voting district.

(2) The voting districts for an election are those voting districts which on the date on which the electionis called are within the area in which the election is called.
61. Factors determining for voting district boundaries.-The commission must determinetheboundaries of a voting district by takinginto account any factor within the proposed voting district that could affect the free, fair and orderly conduct of elections, including( a ) the availability of a suitable venue for a voting station; ( b ) the number and distribution of eligible voters; ( c ) the accessibility of a voting station to voters given(i) the radius of the proposed voting district; (ii) the availability of transport; (iii) telecommunications facilities; and (iv) any geographical or physical feature that may impede access to the voting station; ( ) municipal and provincial boundaries; and d ( e ) tribal, traditional, historical and customary boundaries. 62. Consultation with party liaison committee,-Before determining the boundaries of a voting district, the Commission may consult on the proposed boundaries of that voting district with( a ) themunicipalparty liaison committeefor the municipality within which that voting district will fall; or ( b ) if no municipal party liaison committee has been established in a municipality, the provincial party liaison committee for the province within which that voting district will fall.

847

STATUTES OF THE &PUBLIC

ss. 63 - 64

OF SOUTH AFRICA-ELECTIONS Electoral Act, No. 73 of 1998

SS.

63 - 64

63. Inspection and copies of maps of voting districts.-(1) As soon as practicable after section 60 (1) has been complied with, the chief electoral officer must give notice that copies of the map each voting district will be available for inspection. of

(2) The notice must be(a)
published in the GovernmentGazette; and publicised in the media considered appropriate by the chief electoral officer so as to ensure wide publicity of those maps.

(b)

(3) The notice must state, and the chief electoral officer must ensure,that copies of-

(a)

those maps are available for inspection at the Commission’s head office; and tion at the office of the municipality.

( ) the maps of the voting districts within a municipality are available for inspec6
(4) Any person may inspect a copy of a map mentioned in subsection (1) (5) The chief electoral officer must provide a certified copy of a map of a voting district to any person who has paid the prescribed fee. Part 2: Voting stations
64. Establishment of voting stations.-(1) The Commission must establish for an election one voting station, or one voting station and a mobile voting station, or only a mobile voting station,in each voting district.

(2) When determining the location of a voting station, the Commission may take into account any factor that could affect the free, fair and orderly conduct of elections, including(a)
the number and distribution of eligible voters in that voting district; the availability of suitable venues for a voting station; the distance to be travelled to reach those venues; access routes to those venues; the availability of transport to those venues; traffic density at or near those venues; parking facilities at or near those venues; telecommunications facilities at those venues; general facilities at those venues; any geographical or physical feature that may impede access to or at those venues; and the ease with which those venues could be secured.

(b)
(c)

(4
(e)

u>
(g) (h) (i)
(k)

0’) the safety and convenience of voters;

(I)

(3) Before determining the location of a voting station, the Commission may consult on the proposedlocation of that voting station with(a)
(b) themunicipal party liaison comrnittee for the municipality within which that voting stationwill fall; or if no municipal party liaison committee has been established in the municipality, the provincial party liaison committee for the province within which the voting station will fall.

(4) By not later than the relevant date stated in the election timetable, the chief electoral officer must give noticethat copies of a list containing the address of each voting station will be available for inspection.

849

3s. 6.: - 73

STATUTES THE REPUBLIC SOUTH OF OF AFRICA-ELECTIONS Electo7d Act, FJG. 73 cf,c!??8

ss. 54 - 7(!

( 5 ) Section 63 (2) to ( 5 ) , adjusted as maycontextually be necessary, applies to the inspection and copiesof that list.
65. Relocation of voting stations in emergencies.-(1) Despite section 64, the Commission may relocate a voting station if it is of the view that it is necessary to do so for the conduct of a free and fair election.

(2) The chief electoral officer must take all reasonable steps to publicise the relocation of a voting station among voters in the voting district concerned.

66. Organisation of voting stations.-(1) By not later than the relevant date stated in the election timetable, the chief electoral officer must determine the boundary of every voting station.
( 2 ) The presiding officer of a voting station may alter the boundary of that voting station on voting day if the presiding officer considers it necessary to do so to ensure proper control and security at the voting station, and must demarcate that boundary in the prescribed manner.

67. Mobile voting stations.-(1) In order to ensure a free and fair election, the Commission may decideto use mobile votingstations.
(2) If the Commission decides to use mobile voting stations in an election, the chief electoral officer, by not later than the relevant date stated in the election timetable, must give notice of the route, including the locations and estimated times of stopping, of each mobile voting station.
(3) The notice must be publicised by the chief electoral officer in the media considered appropriate so as to ensure wide publicityof the information referredto in subsection (2).

Part 3: Voting materials

68. Ballot papers.-The
(a)

Commission must dete-e-

the design of the ballot paper or ballot papers to be used in an election; thelanguage to beusedona ballot paper,taking into accounttheelection which that ballot paper is to be used; and the manner in which ballot papers issued must be accounted for. the designandmaterialof in

(b)
(c)

69. Ballot boxes.-(I) TheCommissionmustdetermine ballot boxes to be used in an election.

(2) Each ballot box must be capable of being securely closed.
(3) The Commission must determine the manner which ballot boxes are to bein

(a)
(b)

numbered and labelled; and closed,secured,opened,sealedandunsealed. the design and by otherpersons

70. Voting compartments.-(1) Commission determine The must material of voting compartments to be used in an election.
( 2 ) Avotingcompartmentmustscreenavoterfromobservation dIi!e mzrkkg 2 ?x!!Ot p2per.

(Issue No 33 - Supplementary)

85 1

STATUTES OF THE REPUBLIC OF SOUTH

ss. 7i

-

i3

AFRICA-ELECTIONS El"lecivral ALL, ?&. 73 c$- 199:

ss. 71 - 73

71. Votingmaterials.-(I)Beforevotingopens at avoting station, the chief electoral officer must supply the presiding officer responsible for that voting station with all the voting materials necessaryfor the election at that voting station, including-(a)
ballot papers; ballot boxes; voting compartments;
a certified voters' roll for the voting district concerned; and

(b)
(c)
(6) (e)

areceipt to besignedby the presiding officer detailing the votingmaterials entrusted to that presiding officer.

(2) A presiding officer is responsible for the safe-keeping of all the voting materials supplied to that officer.
Part 4: Appointment of officers, additionalpersons and institutions, and their powers and duties
72. Appointment of presiding officers.-As soon as practicable after the proclamation of an election, the chief electoral officer, in consultation with the Commission, must appoint a presiding officer and a deputy presidingofficer for each voting station at which that election is to be conducted.

73. Powers and duties of presiding officers.-(1) Thepresiding officer of a voting station must co-ordinate and supervise the voting at that voting station so as to ensure that the election at the voting station is free and fair. (2) The presiding officer(a)
(b)
(c)

mayexercisethepowers and must perfom the duties assigned to apresiding officer by or under this Act; musttake all reasonable steps to ensureorderlyconduct at that voting station; and may order a member of the security services to assist in ensuring orderly conduct at that voting station, and that member must comply with order. that

(3) The presiding officer may exclude from the area within the boundary of a voting station any person otherthan(a)
a member, employee or officer of the Commission, or the chief electoral officer; an agent who is entitled in terms of section 59 to be present at a voting station; the prescribed number of candidates as the presiding officer may allow;

(b)
(c)

(6) a person appointed by an accredited observer;
(e)

a voter present for the purpose of casting a vote; and any other person or category of persons authorised by the chief electoral officer to be present atthe voting station.

cf)

(4)( a ) Despite subsection ( 3 ) , the presiding officer may order any person mentioned in subsection (3) (6) to cf) to leave the area within the boundary of the voting station if that person's conduct is not conducive to a free and fair election at that voting station.
(6) Thepresidingofficermustgive paragraph ( a ) .
that personreasons for an order in temx of

(Issue No 33 - Supplenler1tury)

853

STATUTES OF THE REPUBLIC OF

ss. 73 - 79

y . I I . ” l u .

F l n r t n v n l A r t Aln

7 ,.-.,..”_3 o,ff!O?8

S U H AFRICA-ELECTIONS OT
SS.

73 - I9

(5) If a person refuses comply with an order in terms of subsection(4), the presiding to offker may order a member of the security services to forcibly remove that person, and that member must comply with order. that

(6) The deputy presiding officer of a votingstation must act as presiding officer whenever-

(a) (b)

the presiding officer is absent from duty, or for any reason is temporarily unable to exercise the powers and perform the duties of the presiding officer; or the office of presiding officer for that voting station is vacant.

74. Appointment of voting officers.-As soon as practicable after the proclamation of an election, the chief electoral officer, in consultation with the Commission, must appoint for each voting station as many voting officers as may be necessary.
75. Powers and duties of voting officers.-A
(a)

voting officer-

must assist the presiding officer in the exercise of the presiding officer’s powers and the performance ofthe presiding officer’s duties; and mayexercisethepowersand officer by or under this Act. must performthe duties assigned to avoting

(b)

76. Appointment of counting officers.-( 1) As soon as practicable after the proclamation of an election, thechief electoral officer, inconsultationwiththeCommission,must appoint a counting officer and a deputy counting officer for each voting station or venue at which the countingof votes is to be conducted.
(2) The chief electoral officer may appoint the presiding officer, the deputy presiding officer or a voting officerfor a voting station as the counting officer or deputy counting officer for that voting station or at a venue.

77. Powersandduties of counting officers.-(1) Thecounting officer for avoting station or venue for the counting of votes must co-ordinate and supervisethe counting of votes and the determination of the result ofthe election at the voting station or venue so as to ensure that the election at that voting station or venue is free and fair. (2) Section 73 (2) to (5), adjusted asmay contextuallybenecessary,applies powers and duties of a counting officer.
to the

(3) The deputy counting officer for a voting station or venue must act as the counting officer whenever-

(a) (b)

the counting officer is absent from duty, or for any reason is temporarily unable to exercisethe powers and perform theduties of the counting officer; or the office of counting officer for that voting station or venue is vacant.

78. Appointment of counters.-( 1) As soon as practicable after the proclamation of an election, thechief electoral officer, inconsultationwith the Commission,mustappoint as many counters as may be necessary for each voting station or venue at which the counting of votes is to be conducted.

(2) The chief electoral officer may appoint the presiding officer, deputy presiding officer or a voting officer for a voting station as a counter at that voting station or at a venue. 79. Powers and duties of counters.-A counter(c)
m n s t zssist 2 connting officer in the counting ofvotes; and

855

STATUTES OF THE REPUBLIC OF
SS.

79 - 82
(b)

SOUTH AFRICA-ELECTIONS Electoral Act, No. 73 o 1998 f

SS.

79 - 82

may exercise the powers and must perform the duties assigned to a counter by or under this Act.

80. Appointment of additional persons.-(1) The chief electoral officer, in consultation with the Commission, may appoint as many additional persons as may be necessary to enable the Commission to exercise powers and performits duties effectively. its

(2) A person appointed by
be(a)

the chief electoral officer in terms of subsection (1) may

anaturalperson;or an institution, including a juristic person or an organ of state. elec-

(b)

81. Powers and duties of additional persons.-A person appointed by the chief toral officer in terms of section 80 mayexerciseanypowerandmustperformanyduty assigned to such a person or under this Act. by 82. General provisions concerning appointment ofofficers.-(1) A person may be appointed asan officer in an election, or remain in that office, if that person-

not

(a) (b)
(c)

is acandidatecontesting that election; is an agent in that election; or holds political office in a registered party.

(2) (a) An officer exercises the powers and performs the duties assigned to that officer subject to the directions, control and discipline of the chief electoral officer.

(b) The chief electoral officer must determine in writing the terms and conditions of appointment of an officer, including(i) the powers and duties assigned to that officer; and (ii) any remuneration payable to that officer.
(3) The assignment of a poweror duty to an officer does not prevent the chief electoral officer from exercising power or performingthat duty. that

(4) A person may not be appointed as an officer unless that person has signed the prescribed undertaking, which must include an undertaking be bound byto

(a) (b)

the Code; and adeclaration of secrecy.

(5) All officers must be impartial and exercise their powers 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 registered party or candidate contesting an election, or any of the issues in contention betweenparties or candidates.

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

(8) An officer is not liable for any loss suffered by a person as a result of an act performed or omitted in good faith in the exercise of a power or the performance of a duty in terms of this Act.

(Issue No 33 - Supplen~enfnry)

857

ss. 82 - 83

STATUTES OF THE REPUBLIC OF SOUTH AFRICA-ELECTIONS Electoral Act, No. 73 o 1998 f

SS.

82 - 83

(9) An officer may be removed from office by the chief electoral officer on account of-

(a)

misconduct, incompetence or incapacity; absence from duty without leave of the chief electoral officer; bias; a material contravention of the declaration of secrecy; or any other consideration related to free and fair elections.

(b)
(c) (e)

(d) a material contravention ofthis section;

cf)

(10) No appeal may be brought against a decision by the chief electoral officer to appoint a person as an officer, or to remove an officer from office.

(1 1) An officer may resign from office by giving one calendar month’s notice in writing to the chief electoral officer.

(12) The chief electoral officer may appoint, in accordance with this Part, a person to fill a vacancy caused by the death or the removal or resignation from offic,e of anofficer.
83. General provisions concerning appointment of institutions.-( 1) In this section, “institution” means an institution appointed by the chief electoral officer in terms of section 80.
(2) (a) An institution and its employees exercise the powers and perform the duties assigned to the institution subject to the directions, control and discipline of the chief electoral officer.

( b ) The chief electoral officer must determine in writing the terms and conditions of appointment of aninstitution, including(i) the services, facilities and employees to be made available to the Commission by that institution;

(ii) the powers and duties assigned to that institution; and
(iii) any remuneration payable to that institution.
(3) The assignment of a power or duty to an institution does not prevent the chief electoral officer from exercising that power or performing that duty.
(4) An institution must ensure that an employee of that institution who exercises a power or performs a duty in terms of this Act is not(a)

a candidate contesting that election; an agent in that election; or holds political office in a registered party.

(b)
(c)

(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 prescribedundertaking,whichmust include anundertaking 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, favouror prejudice.

(7) Aninstitution, and eachof its employees who exercises powers and performs duties in terms of this Act, may not, whether directly or indirectly, in any manner give support to, or oppose, any registered party or candidate contesting an election, or any of the issues in contention between parties or candidates.

859

--

33. 0 2

07

-OA O f

STATUTES OF THE REPUBLIC OF SOUTH AFRICA-ELECTIONS EIect~rn! -Ne 73 of1 998 Act,

SS.

83 - 84

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

(9) An institution and its employees are not liable for any loss suffered by any person as a result of any act performed or omitted in good faith in the exercise of any power or the performance of a dutyin terms of this Act.
(10) The chief electoral officer may revoke the appointment of an institution on account of that institution’s-

(a)
(6)

incapacity or incompetence; bias; or failure to adequately discipline and control its employees exercising any powers or performing any duties in terms of this Act.

(c)

(1 1) 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 ernployee’s(a)

misconduct, incompetence or incapacity; absence from duty without leave of the chief electoral officer; bias; material contravention of this section; material contravention of the declaration of secrecy; or conduct which is not conducive to free and fair elections.

(6)
(c)

(4
(e)
(f)

(12) No appeal may be brought against a decision by the chief electoral officer to appoint an institution, or to revoke the appointment of an institution.

(13) An institution may terminate its appointment by giving two calendar months’ notice in writing to the chief electoral officer.
(14) The chief electoral officer may appoint, in accordance with this Part, another institution in the place of an institution whose appointment has been revoked or terminated.

Part 5 Accreditation of observers andpersons providing : voter education
84. Accreditation of observers.-( 1) Any juristic person may apply to the Commission in the prescribed manner for accreditation 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 election; and the persons appointed by the applicant will-

(b)

(i) observe that election impartially and independently of any registered party or candidate contesting that election;
(ii) be competent and professional in observing that election; and (iii) subscribe to a Code governing observers issued bythe terms !2f recticrn 99. Commission in

861

STATUTES OF TKE REPUBLIC OF SOUTH AFRICA-ELECTIONS

ss. 84 - 86

Eiecioral Aci, ?vL. 73 oj"199S

QL JY Q A - "" . .
_C

"7

(4) The Commission may decide(u)

to accredit the applicant, in which case, the Commission must(i) enter the applicant's name in the register of persons accredited as observers;

(ii) issue a certificate of accreditation in the applicant's name 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 a person accredited as an observer fails to comply to a material extent with the conditions of the accreditation, the Commission may cancel that accreditation after having given reasonable notice of the cancellation to that person.
(6) Any person may inspect the register and copies of the certificates of persons accredited as observers. The register and copies of the certificates must be kept at the Commission'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 fee. 85. Powers and duties of accredited observers.41) A person appointed by an accredited observer may, inrelation to the election for which that observer is accredited, observe the proceedings provided forin(a) (b)
(c)

Part 1 of Chapter 4 concerning voting; Parts 2 and 3 of Chapter 4 concerning the counting of votes; and Part 5 of Chapter 4 concerning the determination and declaration of the election results.

(2j Whilst observing an election, a person appointed by an accredited observer must wear the prescribed identification indicating that the person is representing an accredited observer.
( 3 ) A person appointed by an accredited observer must comply with any order issued

by-

(a)
(bj

an officer; or a member of the security services acting on the instructions of an officer.

86. Accreditation of persons providing voter education.---(l) Any natural or juristic person may apply to the Commission in the prescribed manner for accreditation to provide voter education for an election. (2) The Commission mayrequire further lnformation in support of an application.
(3) The Commission may accredit an applicant to provide voter education for an election 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; &e qpiic;zt is &!e to con&ct its a c f i ~ ~ j f i p s pffpyti_x.~rp!y;

(b)

(Issue No 33 - Supplementary)

863

STATUTES OF THE REPUBLIC OF SOUTH AFRICA-ELECTIONS

ss. ,"6 - E7
(c)

U'LC',,,

? Z l n n t nU l A n + hln m ' .".
"L')

73 ".I f l Q Q R n
1"

9s: 86 - 87

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 registered party or candidate contesting that election;
(ii) be competent to do so; and (iii) subscribe to a Code issued by the Commission under section 98 governing persons accredited to provide voter education; and

(4

the accreditation of the applicant will promote voter education andconditions conducive to free and fair elections.

(4) Section 84 (4) to (7), adjusted as may contextually be necessary, applies to the accreditation of persons providing voter education.

CHAPTER 7

GENERAL PROVISIONS
Part I : Prohibited conduct
87. Undue influence.-( 1) No person maycompel 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 registered party or candidate; (iv) to support or not to support any registered 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; interfere with the independence or impartiality of the Commission, any member, employee or officer of the Commission, or the chief electoral officer; prejudice any person because of any past, present or anticipated performance of a function in terms of this Act; advantage, or promise to advantage, a person in exchange for that person not performing a function in terms of this Act; prevent any of the following persons from gaining reasonable access to voters, whether in a public or private place: (i) Any representative of a registered 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; or unlawfully prevent the holding of any political meeting, march, demonstration or other political event.

(2) Subject to this Act, no person may prevent anyone from exercising a right conc
LCllCU
2 1 .

uy

L1-f..

LIII> A L L .

A

?& .

865

STATUTES OF THE REPUBLIC OF SOUTH AFRICA-ELECTIONS

ss. 87 - 90

Electoral Act, No. 73 o 1998 f

SS.

87 - 90

(3) No person, knowing that another person is not entitled to be registered as a voter,

may-

(a) persuade that other person that that other person is entitled tobe registered as a voter; or
(b) represent to anyone else that that other person is entitled to be registered as a voter.

(4) No person, knowing that another person is not entitled to vote, may-

(a) assist, compel or persuade that other person to vote; or

(6)

represent to anyone else that that other person is entitled to vote. person-

88. Impersonation.-No
(a)

may apply to be registered as a voter in the name of any other person, whether living, dead or fictitious; may apply for a ballot paper at a voting station in the name of another person, whether living, dead or fictitious; who is not entitled to vote in an election or at a voting station, may vote in that election or at that voting station; may cast more votes than that person is entitled to: or may impersonate(i) a representative of a registered party or of a candidate; (ii) a candidate in an election; (iii) a member, employee or officer of the Commission; (iv) the chief electoral officer; (v) a person appointed by an accredited observer; or (vi) a person accredited to provide voter education.

(b)

(c)

(6)
(e)

89. Intentional false statements.-(1) make a statement, may make the statement(a) knowing that itis false; or

No person, when required in terms of this Act to

(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; creating hostility or fear in order to influence the conduct or outcome of an election; or influencing the conduct or outcome of an election.

(b)

(c)

90. Infringement of secrecy.-(I) secrecy while casting a vote.

No person may interfere with a voter’s right to

(2) Except as permitted in terms of this Act, no person may-

(a)

disclose any information about voting or the counting of votes; or open any ballot box or container sealed in terms of this Act, or break its seal

(h)

867

STATUTES OF THE REPUBLIC OF SOUTH AFRICA-ELECTIONS

ss. 91 - 9b

Eiecroruirici, I%.

73 oJ’199S

cc

a. i.

0 1 - O” ,l /L

91. Prohibitions concerning voting and election materials.-( 1 ) Except as permitted in terms of t h s Act, no person may-

(a)
(b)
(c)

print, manufacture or supply any voting or election material; remove or conceal any voting or election material; damage or destroy any voting or election material; or use the voters’ roll or any voting or election material for a purpose other than an election purpose.

(4

(2) The chief electoral officer may authorise-

(a)
(b)
(e)

the printing, manufacture or supply of any voting or election material;
the use of the voters’ roll or any voting or election material for a purpose other than an election purpose; and

the removal or destruction of any voting or election material.

92. Prohibitions concerning placards and billboards during election.-From the date on which an election is called to the date the result of the election is determined and declared in terms of section 57, no person may deface or unlawfully remove any billboard, placard or poster published by a registered party or candidate.

93. Obstruction of, or non-compliance with, directions 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 Commission, or a person mentioned in subsection (l), or a person appointed by an accredited observer, in the exercise of their powers or the performance of their duties.
94. Contravention of Code.-No person or registered party bound by the Code may contravene or fail to comply with a provision of that Code.
Part 2: Enforcement

95. Institution of and intervention in civil proceedings by chief electoral officer.(1) Subject to this Act and any other law, the chief electoral officer 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 iegal interest in the outcome of those proceedings. 96. JurisdictionandpowersofElectoral Court.-(1) The Electoral Court has final jurisdiction in respect of all electoral disputes and complaints about infringements of the Code, and no decision or order of the Electoral Court is subject to appeal or review. (2) If a court having jurisdiction by virtue of section 20 (4) ( )of the Electoral Com6 mission Act finds that a person or registered 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;
a f i e not exceeding Ez2OO O X ;

(bj

(Issue No 33 - Supplemenmy)

869

STATUTES OF THE REPUBLIC OF SOUTH AFRICA-ELECTIONS

ss. 95 - $9
(c)

L L C L L U I U I

L?7--+

-1.1

7 4-4

( I L L ,

,vu.

hr-

73 3f,C!99&

ss. P6 - 99

the forfeiture ofany deposit paid by that person or party in terms of section 27 (2) ( 4 ; an order prohibiting that person or party fromusing any public media; holding any public meeting, demonstration, march or other political event; entering any voting district for the purpose of canvassing voters or for any other election purpose; erecting or publishing billboards, placards or posters at or in any place; publishing or distributing any campaign literature; electoral advertising; or receiving any funds fromthe State or from any foreign sources;

(4

(e)
(f)

an order imposing limits on the right of that person or party to perform any of the activities mentioned in paragraph (4; an order excluding that person or any agents of that person or any candidates or agents of that party from entering a voting station; an order reducing the number of votes cast in favour of that person or party; an order disqualifying the candidature of that person or of any candidate of that party; or an order cancelling the registration of that party.

(g)
(h)

(i)

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

Part 3: Ofences and penalties 97. Offences.-Any person who contravenes a provision of Part 1 of this Chapter or a provision of section 107, 108 or 109, is guilty of an offence. 98. Penalties.-Any (a) person convicted oI'~11y offence in terms ofa fine or to

section 87 (1) (b), (c) or (4, 89 (2), 90,91, 93or 94, isliableto imprisonment for a period not exceeding 10 years;

(b)

section 87 (1) (a), ( e ) or 0, (3) or (4), 88, 89 (l), 92, 107 (4), 108 or 109, is (2), liable to a fine or to imprisonment a period not exceeding five years, for Part 4: Additional powersand duties of Commission

99. Electoral Code of Conduct and otherCodes.-(!) must be subscribedt o -

The Electoral Code of Conduct

(a)
(6)

by every registered party before that party is allowed to contest an election; and by every candidate before that candidate may be placed on a list of candidates in terms of section 3 1.

871

STATUTES OF THE REPUBLIC OF SOUTH AFRICA-ELECTIONS

ss. 99 - I04

Y'c-lr'",

C l n a t , mu , "A ' ) l d C

1 7".

hln 72 4 I
d

" OOR ,
of

1

I,,

Y

sr. 99 - l e 4

(4) A Code issued in terms of subsection (2), or a change to or replacement of such a Code, must be published in the Government Gazette.

100. Regulations.-(l) The Commission must make regulations regarding any matter that must be prescribed terms of this Act. in

(2) The Commission may make regulations, after consultation with the party national liaison committee, regarding any matter(a)

that may beprescribed in terms of this Act; or that it considers necessary or expedient in order to achieve the objects of this Act.

(6)

(3) Regulationsmade in terms of this section may prescribeafine or aperiod 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.

101. Assignment of powers and duties by Commission.-( 1) The Commission may-

(a)

delegateany of the Commission's powers in terms of this Act,excludingthe powers referred to in section 32, 99 (2) or 100 or this section, or any other law, to a member, employee officer of the Commission;or or instructamember,employee or officer of the Commission to performany of the Commission's dutiesin terms of this Act or any other law.

(b)

(2) A delegation or instruction in terms of subsection (1)-

(a)

is subject to any limitations and conditions the Commission may impose; and

(6)

doesnotprevent power or duty.

the Commission fromexercising or performing the assigned

102. Assignment of powers and duties by chiefelectoral electoral officermay(a)

officer.-(1)

Thechief

delegate any of the chief electoral officer's powers in terms of this Act or any other law, to an employeeor officer of the Commission;or instruct an employee or officer of the Commission to perform any of the chief electoral officer's dutiesin terms of this Act or any other law.

(b)

(2) Section 101 (2), adjusted as may contextually be necessary, applies to a delegation or instructionof the c h e f electoral officerin terms of subsection(1).
103. Powers to decideobjectionsand appeals.-(1) Whenever the Commission, an officer or the chief electoral officer is required terms of this Act to decide an objection or an in appeal, the Commission or that person may attempt to resolve the issue that is the subject of the objection or appeal, through conciliation.
(2) The Commission must prescribe the powers that may be exercised by it, any officer, or the chief electoral officer deciding an objection or appear in terms of this Act. in

104. Access to private places.-Members, employees and officers of the Commission have access to private places when that access is necessary for the exercise of a power or the perfcmmzce & 2 dcty assiped tc? them hy or nr?derthis Act.

(Issue N o 33 - Supplernenfary)

873

ss. 105 - 110

STATUTES THE REPUBLIC OF SOUTH OF AFRICA-ELECTIONS Electoral Act, No. 73 o 1998 f

SS.

105 - 110

105. 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 materials 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.
106. Return or forfeiture of deposit.-(1) Subject to section 96 (2) (c), the Commission must refund to a registered party any deposit paid by it in terms of section 27 ( 2 ) ( e ) if the party is allocated at least one seat in the legislature whose election that party contested.

(2) A deposit that is not refhdable in terms of subsection (1) is forfeited to the State.
Part 5: Other general provisions
107. Temporary obligations.-(1) ( a ) This section is applicable only from the date on which an election is called to the date the result of the election is determined and declared in terms of section 57.

(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 article in that publication with the word “advertisement” if that article(a)

originates f r o m
(i) a registered party, a person who holds political 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 (6)
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. 108. Prohibition on certain political activities.-On
(a)

voting day no person may-

hold or take part in any political meeting, march, demonstration or other political event; or engage in any political activity, other than casting a vote, in the area within the boundary of a voting station.

(b)

109. Prohibitiononpublication of exit polls.-During the prescribed hours for an election, no person may print, publish or distribute the result of any exit poll taken in that election.
110. Effect of certain irregularities.-(I) Any mistake in the certified segment of the voters’ roll referred to in section 24 or the final list of candidates referred to in section 3 1 does not invalidate that voters’ roll or that list of candidates.

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

875

5 .

: I :

-

Sck. :

STATUTESTHE REPUBLIC SOUTH OF OF AFRICA-ELECTIONS Ehct_n:Y! k t , A!C 73 c 1998 ' f E. 111 - Sch. 1

111. Inspection and copying of documents.-Where this Act requires that documents be publicised, or made available for inspection or copying, the Commission must endeavour to also publicise or make available those documents by way of electronic technology. 112. Prohibition on certain strikes and lockouts.-(1) The service provided by the Commission is an essential service for the purpose of the Labour Relations Act, 1995 (Act No. 66 of 1995).

(2) Strikes and lockouts on voting dayby 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.
113. Limitation of liability.-The Commission, a member, employee and officer of the Commission, the chief electoral officer, an institution appointed in terms of section 80, and a person with whom the Commission has contracted to work for the Commission, is not liable for any loss suffered by any person as a result of any act performed or omitted in good faith in the course of exercising a power or performing a duty assigned by or under this Act. 114. Composition of National Assembly and provincial legis1atures.-The formulas referred to i sections 46 (2) and 105 (2) of the Constitution are set out in Schedule 3. n 115. Repeal of laws.-(1) are hereby repealed. Subject to subsection (2), the laws mentioned in Schedule 4

(2) Anything done in terms of a provision of any law repealed by subsection (1) and which could be done in terms of a provision of this Act, must be regarded to have been done in temls of the last-mentioned provision.
116. Act binds State.-This concerned. Act binds the State except in so far as criminal liability is

117. Application of Act when in conflict withother laws.-If any conflict arises between a provision of this Act and a provision of any other law, except the Constitution or an Act of Parliament expressly amending this Act, the provision of this Act prevails. 118. Short title and commencement.-(1) This Act is called the Electoral Act, 1998.

(2) Subject to subsection (3), this Act takes effect on a date determined by the President by proclamation in the Government Gazette.
( 3 ) Section 3 ( c )must take effect on a later date than the remainder of this Act.
Schedule 1

ELECTIOK TIMETABLE
(Section 20) The Electoral Commission hereby gives not~ce that it has in terms of section 17 of the Electoral Act, 1998, determined the election timetable set out below to apply to the .................................................................... (particulars of relevant election) that will be held on ................................... (date(s)). (A reference to "section" In thls election timetable is a reference to that section of the Electoral Act, 1998.) 1. Cut-off time for act to be performed.-An act required in t e r m of this Act to be perfomled by not later than a date stated in the election timetable must be perfonned before 17:OO on that date.
----'-1'-1-

puullDlr

2. Cut-off date for publication of voters' roll.-By *I----',"La --+I ------*- < + L O..-+---' rill1 L11L VGtL.,> --I1
"1 L l ' i JC6"'C,LL>
"1

L l 2 l

" Y L I I . )

1<11/

1." , , r d y l
- I. _".

.......... [dayimonthiyear], the chlef electoral officer must in PIP,-t;m, ir! th;r .__.._.. te-.~ ofsectiCn 24 (3) \-,.

....

I

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STATUTES OF THE REPUBLIC OF SOUTH AFRICA-ELECTIONS

Scil. i - 2

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3. Notice that list of addresses of voting stations is available for inspection.-The chief electoral officer must give notice by _.._._._. [dayimonthiyear] that from the date of the notice until the voting day copies of a list containing the addresses of all voting stations will be available for inspection. 4. Cut-off date for submission of list of candidates.-Registered parties that intend to contest this election must nominate and submit a list of their candidates for the election to the chief electoral officer in the prescribed [daylmonthiyear]. manner by ........_. 5. Notice of non-compliance.-(I) The chief electoral officer must notify a registered party that has submitted a list of candidates in terms of section 27 but has not fully compl~ed with that section, of that non-compliance by _._..._._. [dayimonthlyear]. (2) If the notified party takes the opportunity to comply with sectlon 27, that party must do so by [dayimonthiyear]. 6 . Inspection of lists of candidates and accompanying documents.-The chief electoral officer must give [dayimonthiyear], that from the date of the notice until ._.[dayimonthiyear]. copies of the following notice by _..._..... and accompanyingdocumentssubmittedby documentswill be available for inspection:Thelistsofcandidates registered parties in terms of section 27, as amended and supplemented in terms of section 28.

7. Cut-off date for objections.-Any person, including the chief electoral officer, may object to a candldate to the Commission in the prescribed manner by .......... [daylmonth/year].
8. Decision of objections.-The Commission must decide an objection under section 30, and must notify the objector and the registered party that nominated the candidate of the declsion in the prescribed manner by .......... [dayimonthiyear].

9. Cut-off date for appeals against decisions.-The objector or the registeredparty who nominated the candidate may appeal against a decision of the Commission in terms of section 30 (3) to the Electoral Court m the prescribed manner by _._._ [dayimonthiyear]. 10. Deciding appeals.-The Electoral Court must consider and decide an appeal brought under section 30 (4) and notify the parties to the appeal, and the chief electoral officer, of the decision in the prescribed manner by .......... [day/month/year]. 11. List of parties and candidates entitled to contest election and final list of candidates.-By ........._ [dayimonthiyear], the chief electoral officer(a)
mustgiveeffect to a decision of the Commission in terms of section 30 ( 3 ) or a decisionof Electoral Court in terms of section 30 ( 5 ) ;and must compile a list of the registered parties entitled dates for each of those parties. the

(6)

to contest the election and the final list of candi-

12. Issue of certificate to candidates.-By ......._.. [dayimonthiyear], the chief electoral officer must issue in the prescribed manner to each candidate on a final list of candidates a certificate stating that the person is a candidate in this election. 13. Determination of boundaries of voting stations.-By cer must determine the boundary of every voting station,

........_. [dayimonthiyear], the chief electoral offi-

14. Prescribing of voting hours.-By ... ...... [dayimonthlyear], the Commission must prescribe the voting hours for this election. 15. Notice of route of mobile voting stations.-If the Commission decides to use mobile voting stations in theelection, the chief electoral officermustgivenoticeby _._..._... [dayimonthlyear]oftheroute,includingthe locations and estimated times of stopping of each mobile voting station.
Schedule 2 ELECTORAL OF CONDUCT CODE 1. Purpose of Code.-The elections, including(Section 99) pulpose of this Code is to promote conditions that are conducive to free and fair

( n ) toleranceofdemocraticpoliticalactivity; and (6) free polit~cal campaigning and open public debate. 2. Promotion of Code.-Every registered party and every candidate bound by this Code must(a) promote the purpose of the Code when conducting an election; (6) publicise the Code widely in any election campaigns; and

(e) promote and support efforts in terms of this Act to educate voters. 3. Compliance with Code and electorallaws.-Every registered party and every candidate must(u) complywith thls Code; (6) instruct(i) in thecaseof a party,itscandidates, persons who hold politicaloffice In the party, and its representatives, members and supporters, to comply with this Code and any applicable electoral laws; or

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STATUTES THE REPUBLIC OF SOUTH OF AFRICA-ELECTIONS Electoral Act, No. 73 of’1998

Sch. z

(ii) in the case of a candidate, the representatives and supporters of the candidate to comply with this Code and any applicable electoral laws;
(c)

take all reasonable stepstoensure(i) in the case of a party, that its candidates, persons representatives, members and supporters, comply laws; or who hold political office in the party, and its withthis Code and any applicable electoral of the candidate comply with

(ii) in the case of a candidate, that the representatives and supporters this Code and any applicable electoral laws.
4. Public commitment.-(I) Every
(a)

registered party and every candidate must-

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

(0) publicly condemn any action that may undermine the free and fair conduct of elections.
(2) Every registered party and every candidate must accept the result of an election or challenge the result in a court.
5. Duty to co-operate.-Every registered party and every candidate 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 atthe same time and place asthat called by another party contesting the election.
6 . Role of women.-Every

registered party and every candidate must-

(a)

respect the right of women to communicate freely with parties and candidates; facilitate the full and equal participation of women in political activities; ensure the free access of women to all public political meetings, marches, demonstrations, rallies and other public political events; and take all reasonable steps to ensure that women are free to engage in any political activities must-

(b)

(c)

(4
(a)

7. Role of Commission.-Every registered party and every candidate

recognise the authority of the Commission in the conduct of an election; assure voters of the Commission’s impartiality; give effect to any lawful direction, instruction or order of the Commission, or a member, employee or officer of the Commission, the chief electoral officer; or

(b) (c)

(4 establish and maintain effective lines of communication with(i) the Commission; and

(ii) other registered parties contesting the election;
(e)

facilitate the access of members, employees and officers of the Commission, and the chief electoral officer, to public meetings, marches, demonstrations, rallies and other public political events of that party or candidate; co-operate in any investigation of theCommission; takeall reasonablesteps to ensure(i) the safety of members, employees and officers of the Commission, and the chief electoral officer, or or in the exercise of any power the performance of any duty assigned by under this Act; (ii) that persons referred to in subparagraph (i) are not subjected to insult, hazard or threat by any representatives or supporters of that party or candidate; and (iii) that representatives of that party or candidate attend meetings of any party liaison committee or other forum convened by the Commission.

v)
(g)

8. Role of media.-Every registered party and every candidate(a)

must respect the role of the media before, during and after an ejection conducied in ierms oT this Act;

(Issue No 33 - Suppkmentury)

88 1

Sch. 2 - 3
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STATUTESTHE REPUBLIC OF SOUTH OF AFRICA-ELECTIONS Electoral Act, No. 73 of 1998

Sch. 2 - 3

may not prevent access by members of the media to public political meetings, marches, demonstrations and rallies; and 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.

(c)

9. Prohibited conduct.-(I)
(a)

No registered party or candidate mayan election; or

use language or act in a way that may provoke(i) violence during (ii)theintimidationofcandidates,members candidates, or voters;

of parties,representatives or supportersofpartlesor

(b)

publlsh false or defamatory allegations in connection with an election In respect of-

(i) a party, its candidates, representatives or members; or (ii) a candidate or that candidate's representatives;

(c)
(a')

plagiarise the symbols, colours or acronyms of other registered parties; or discrimmate on the groundsofrace,ethnicity,sex,gender.classorreligion election or political activity. offer any inducement or reward to another person-

in connection with an

(2) No person may(a)

(i) to join or not to join a party;
(ii) to attend or not event; to attend a public meeting, march, demonstration, rally

or other public political

(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)
(d)

unreasonably prevent any other person access to voters for the purpose of voter education, collecting or signatures, recruiting members, raising funds canvassing support for a party or candidate; deface or unlawfully remove or destroy the billboards, placards, posters or any other election materials of a party or candidate; or abuse a position of power, pnvilege or Influence, including parental, patriarchal, traditional employment authority to influence the conduct or outcome of an election.

(e)

or

10. Additions to Code.-The this Code.

Commission may by regulations made in terms of sectlon 100 add provisions to

Schedule 3 COMPOSITIONNATIONAL of ASSEMBLYAND PROVMCIAL LEGISLATURES

) (Section 114
1. Formula for determining number of members of National Assembly.-(1) Bytakingintoaccount available scientifically based data and representations by interested parties,thenumberofseatsoftheNational Assembly must be determined by awarding one seatfor every 100 000 of the population with a minimum of 350 and a maximum of 400 seats.

(2) If the total number of seats for all provincial legislatures determined terms of item 2 exceeds 400, the in number of seats for National Assembly may not be lessthan 400. the 2. Formula for determining number of members ofprovincial legislatures.-By takingintoaccount of a provincial availablescientificallybaseddata and representationsbyinterestedparties,thenumberofseats legislature must be determined by awarding one seat for every 100 000 of the population whose ordinary place of residence is within that provlnce, with a minimum of 30 and a maximum of 80 seats
3. Commission responsible for determination of seats.-(1) The determinationofseatscontemplated items 1 and 2 must be completed by the Commission not later than 31 March 1999.

in

(2) The Commission must give notice in the Government Gazette of the time and date on which, and the venue where, the determination is to take place, and musr afford interested parties an opportunity to make representations before the determination 1s made.
4. Determination to be published in Governnrerrf Gazette.-A determination made in terms of this Schedule must be published In the Goverrznzent Gazette wlthln 14 days of the determinatlon, and takes effect on the date it is published.

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Sch. 4

Electoral Act. No. 73 of I998
Schedule 4
REPEAL OF LAWS

Sch. 4

(Section 115)
~~ ~~~~~ ~

No. and year of law
Act No. 202 of 1993 Act No. 1 of 1994 Proclamation No. 65 of 1994 Proclamation No. 69 of 1994 Proclamation No. 73 of 1994 Proclamation No. 85 of 1994 Proclamation No. 91 of 1994 Act No. 20 of 1997

Title Electoral Act, 1993 Electoral Amendment Act, 1994

Electoral Amendment Act, 1997

(Issue No 33 - Suppie~~~er~rap)

885