Government
Gazette 15183 -
STATE
PRESIDENT'S
OFFICE No.
1875.
-
27
October
1993
-
- It
is hereby
notified that
the
State
President has
assented
to the
following Act
which is
hereby
published for
general
information:
-
- No.
150
of
1993: Independent
Electoral Commission
Act, 1993
-
ACT
-
- To
make
provision for
the conduct
of free
and fair
elections
for the
National
Assembly
and any
other legislature
to be
elected
contemplated
in the
Constitution
of the
Republic of
South Africa
Act, 1993;
to make
provision
for the
conduct of
certain referendums
by the
Independent
Electoral Commission;
and to
provide
for matters
in
connection
therewith.
-
- (Afrikaans
text
signed by
the State
President.)
(Assented
to 18
October
1993.)
-
- BE
IT ENACTED
by the
State
President
and the
Parliament
of the
Republic
of South
Africa, as
follows:
-
- ARRANGEMENT
OF SECTIONS
Section
-
CHAPTER
I
-
Interpretation
and
Application of
Act
-
- 1.
Definitions
-
- 2.
Application
of Act
-
- 3.
Act
binding
on State
and State
President
-
- CHAPTER
II
-
Independent
Electoral
Commission
-
- 4.
Establishment
and
objects
of Commission
-
- 5.
Constitution of
Commission
-
- 6.
Conduct required
of members
-
- 7.
Disclosure
of conflicting
interests
-
- 8.
Independence
of Commission
-
- 9.
Dissolution
of Commission
-
- 10.
Conditions
of service,
remuneration
and allowances
of members
of
Commission
and International
Advisory
Committee -
- 11.
Vacation
of office,
removal
from office
and filling
of
vacancies in
-
Commission
-
- 12.
Meetings
of Commission
-
- 13.
Powers, duties
and
functions
of Commission
-
- 14.
International
Advisory
Committee
-
- 15.
Administration
and
staff of
Commission
-
- 16.
Expenditure
of Commission
and
budget
-
- 17.
Accountability
and finance
-
- 18.
Determination
and
certification
of election
results, or
declaration
-
CHAPTER
III
-
Election
Administration
Directorate
-
- 19.
Establishment
of Election
Administration
Directorate
-
- 20.
Constitution
of Election
Administration
Directorate
-
- 21.
Powers, duties
and
functions
of Chief
Director: Administration
-
CHAPTER
IV
-
Election
Monitoring Directorate
-
- 22.
Establishment
of Election
Monitoring
Directorate
-
- 23.
Constitution
of Election
Monitoring
Directorate
-
- 24.
Powers, duties
and
functions
of Chief
Director:
Monitoring
-
CHAPTER
V
-
Election
Adjudication
Secretariat
-
- 25.
Establishment
of Election
Adjudication
Secretariat
-
- 26.
Constitution
of Election
Adjudication Secretariat
-
- 27.
Powers, duties
and
functions
of Secretary
-
CHAPTER
VI Electoral
Tribunals
-
28.
Establishment
and
constitution
of Electoral
Tribunals
-
- 29.
Powers, duties
and
functions
of Electoral
Tribunals
-
- CHAPTER
VII Electoral
Appeal Tribunals
-
30.
Establishment
and
constitution
of Electoral
Appeal
Tribunals
-
- 31.
Powers, duties
and
functions
of Electoral
Appeal
Tribunals
-
CHAPTER
VIII Special
Electoral Court
-
32.
Establishment
and
constitution
of Special
Electoral
Court
-
- 33.
Powers, duties
and
functions
of Special
Electoral
Court
-
CHAPTER
IX General
Provisions
-
34.
Application of
Act in
event
of conflict
with
other laws
-
- 35.
Dissolution
of directorates,
Secretariat
and
tribunals
-
- 36.
Appeal and
review
-
- 37.
Remuneration
and
allowances
of members
of tribunals
and
Special
-
Electoral
Court
-
- 38.
Secrecy
-
- 39.
Offences
and penalties
-
- 40.
Legal
proceedings against
Commission
41.
Regulations
-
- 42.
Short title
and
commencement
-
- CHAPTER
I
-
Interpretation
and
Application of
Act
-
- Definitions
-
- 1.
In this
Act, unless
the
context
otherwise
indicates-
-
- (i)
"Administration
Directorate"
means
the
Election
-
Administration
Directorate
established
by section
19;
(iv)
-
- (ii)
"Appeal Tribunal"
means
any
Electoral Appeal
Tribunal
estab lished
in
terms
of section
30;
(ii)
-
- (iii)
"candidate"
means any
person
whose
name
appears
on a
list
-
of
nominations
by any
registered
party to
become
a member
of the
National
Assembly
or any
other
legislature
in terms
of
-
the
Constitution
and the
Electoral
Act; (xvi)
-
- (iv)
"Chief
Director:
Administration"
means
the person
appointed
to that
office
by the
Commission
in terms
of section
20(1);
(ix)
-
- (v)
"Chief Director:
Monitoring"
means
the person
appointed
to that
office by
the
Commission
in
terms
of section
23(1);
(x)
-
- (vi)
"Chief
Executive
Officer"
means
the
person
appointed
to that
office by
the
Commission
in
terms
of section
17(1);
(xi)
-
- (vii)
"Commission"
means
the
Independent
Electoral
Commission
established
by section
4(1); (xx)
-
- (viii)
"committee"
means
any committee
of the
Commission
established
under
section
13(3)(c);
(xix)
-
- (ix)
"Constitution"
means
the
Constitution
of the
Republic
of
-
South
Africa
Act,
1993;
(vii)
-
- (x)
"directorate"
means
the
Administration
Directorate
or the
-
- Monitoring
Directorate;
(iii)
-
- (xi)
"election"
means
any election
conducted
in terms
of the
Electoral
Act
for
the National
Assembly
or any
other legislature;
(xxxvii)
-
(xii)
"Electoral
Act" means
the
Electoral Act,
1993;
(xviii) (xiii)
"Electoral
Code
of
Conduct"
means
the
Electoral Code
of
-
Conduct
for
Political
Parties
contained
in
Schedule
1 to
the
-
Electoral
Act;
(xxxviii)
-
- (xiv)
"Electoral
Tribunal"
means
any Electoral
Tribunal
established
in terms
of section
28; (xxxix)
-
- (xv)
"International
Advisory
Committee"
means
the
International
-
Advisory
Committee
established
in
terms
of section
14; (xiii)
-
- (xvi)
"international
member"
means
any person
appointed
as a
member
of the
Commission
in terms
of section
5(2)(a);
(xiv)
-
- (xvii)
"international
observer" means
any person
appointed
as a
representative
of the
United
Nations,
the Organization
of
-
African
Unity,
the European
Community,
the
Commonwealth
or
-
any
other
inter-governmental
organization
or foreign
government
accredited
for that
purpose
by the
Subcouncil on
Foreign
Affairs
of the
Transitional
Council
in consultation
with the
Department
of Foreign
Affairs,
in
order
to observe
and
report on
the
electoral
process;(xv)
-
- (xviii)
"judicial
office" means
any
appointment
as a
judge
of the
Supreme
Court, whether
permanent
or on
an acting
basis;
(xxix)
-
- (xix)
"member"
means
any member
of the
Commission
appointed
in terms
of section
5(1);
(xxi)
-
- (xx)
"monitor"
means
any
person
appointed
as such
in terms
of section
24(1)(a);
(xxii)
-
- (xxi)
"Monitoring
Directorate"
means
the
Election Monitoring
-
Directorate
established
by section
22; (v)
-
- (xxii)
"National
Assembly"
means
the
National
Assembly
which together
with the
Senate
shall
constitute
the Constitutional
Assembly
as contemplated
in the
Constitution;
(xxiii)
-
- (xxiii)
"observer"
means
any observer
registered
with the
-
- Monitoring
Directorate
in terms
of section
24(1)(b) (xli);
-
- (xxiv)
"other
legislature"
means
any legislature
contemplated
in
-
the
Constitution,
excluding
the National
Assembly
and Senate;
(i)
-
- (xxv)
"Parliament"
means
Parliament
as
contemplated
in the
-
Constitution;
(xxvi)
-
- (xxvi)
"party"
means
any registered
party,
and any
party,
organization
or movement
of a
political
nature
which publicly
supports
or opposes
the
policies,
candidates
or cause
of any
registered
party,
or which
propagates
non-participation
in
-
any
election
or the
non-acceptance
of the
results
certified
by the
Commission;
(xxvii)
-
- (xxvii)
"political
office" means
any
executive
appointment
or elected
office,
including
any
elected or
nominated
public representative
of a
party,
whether
involving
remuneration
or not,
or any
other paid
office, in
the
service
of a
party;
(xxviii)
-
- (xxviii)
"prescribe"
means
prescribe by
regulation;
(xl)
-
- (xxix)
"public
office" means
any appointment
or position
in the
service of
the
State,
or any
corporate
or other
body,
institution
or concern
owned or
controlled,
whether
directly or
indirectly,
by the
State,
and includes
any
such appointment
or
position in
the
legislative,
executive
or judicial
organs
of the
State at
any level
of
government,
but
-
excludes
any appointment
to judicial
office and
any academic
appointment
at any
university or
tertiary
educational
institution;
(xxv)
-
- (xxx)
"registered
party"
means
any registered
party
as defined
in section
1 of
the
Electoral Act;
(vi)
-
- (xxxi)
"regulations"
means
the
regulations
made
under section
41;
(xxx)
-
(xxxii)
"Republic"
means
the
Republic
of South Africa,
including
any
of the Republics
of Transkei,
Bophuthatswana,
Venda
or Ciskei
which formally
incorporated the
provisions of
this
Act and
the
Electoral
Act
as part
of its
law; (xxxi)
-
- (xxxiii)
"Secretariat"
means
the
Election Adjudication
Secretariat
established
by section
25;
(xxxii)
-
- (xxxiv)
"Secretary"
means
the
person
appointed
to that
office
by the
Commission
in
terms
of section
26(1);
(xxxiii)
-
- (xxxv)
"Senate"
means
the
Senate
as contemplated
in the
Constitution;
(xxxiv)
-
- (xxxvi)
"Special
Electoral
Court" means
the
Special Electoral
Court established
by section
32;
(xxxv)
-
- (xxxvii)
"State"
means
the Republic;
(xxxvi)
-
- (xxxviii)"Supreme
Court"
means
the Supreme
Court of
South
Africa,
and
the
Supreme
Court
of the
Republic
of Transkei,
Bophuthatswana,
Venda
or Ciskei
if such
Republic
has
formally
incorporated
the
provisions of
this
Act and
the Electoral
Act
as
part of
its law;
(xii)
-
- (xxxix)
"this
Act" includes
the
regulations;
(viii)
-
- (xl)
"Transitional
Council"
means
the
Transitional
Executive
Council established
by section
2 of
the Transitional
Executive Council
Act,
1993;
(xxiv) and
-
- (xli)
"voter"
means
any eligible
voter as
contemplated
in the
-
Constitution
and
the Electoral
Act.
(xvii) Application
of Act
-
2.
(1) The
provisions
of this
Act
shall
apply in
respect
of-
-
- (a)
the first
elections
to be
conducted
for the
National
Assembly
and all
other
legislatures
in
terms
of the
Constitution
and the
-
Electoral
Act;
and
-
- (b)
any
referendum
conducted
under
the
supervision
of the
Commission
in terms
of
subsection
(2),
-
- until
the
First
National
Assembly
and all
other
legislatures
have
been
validly
constituted.
-
- (2)
Upon the
advice
of the
Transitional
Council
the State
President
shall
by proclamation
in the
Gazette
declare-
-
- (a)
the holding
of a
referendum;
and
-
- (b)
that
the
provisions
of this
Act
shall,
subject
to
subsection
(3), apply
in respect
of the
holding
of that
referendum.
-
- (3)
The State
President
shall
in consultation
with the
Transitional
-
Council
by proclamation
in the
Gazette make
regulations
for the
holding
of such
a referendum,
in which
case
the
provisions of
this Act
shall,
subject
-
to
such regulations,
apply
mutatis
mutandis
in respect
of the
holding
of
-
such
referendum,
whether
nationally
or within
any
particular
geographic
region, or
in respect
of any
specified
issue,
as the
case
may
be.
-
- (4)
In the
event
of any
of the
Republics
of
Transkei,
Bophuthatswana,
Venda
or Ciskei
deciding
formally
to
incorporate
the
provisions of
this Act
and the
Electoral
Act
as part
of its
law,
such agreements
as may
be
-
required
to secure
the
co-ordinated
implementation
of the
relevant
-
legislation
may
be concluded
and any
such agreements
shall
have
the
force of
law.
-
- Act
binding
on State
and
State
President
-
- 3.
(1) This
Act shall
bind the
State.
-
- (2)
This Act
shall bind
the State
President
in so
far
as he
or she
-
shall
be obliged
to act
in accordance
with the
advice
of the
Transitional
-
Council
wherever
so provided
for in
this Act.
-
- CHAPTER
II
-
- Independent
Electoral
Commission
-
- Establishment
and objects
of Commission
-
- 4.
(1)
There
is hereby
established
a commission
to be
known
as the
-
Independent
Electoral
Commission.
-
- (2)
The objects
of the
Commission
shall
be-
-
- (a)
to administer,
organize, supervise
and conduct,
whether
directly
or indirectly,
free and
fair
elections
for
the
National
Assembly
and
all
other
legislatures
in terms
of the
Constitution
and the
-
Electoral
Act;
-
- (b)
to
promote
conditions conducive
to free
and
fair
elections;
-
- (c)
to determine
and certify
the results
of elections,
and to
certify to
what
extent
such elections
have
been
free and
fair;
-
- (d)
to
conduct
voter
education;
and
-
- (e)
to make
and enforce
regulations for
the
achievement
of such
objects.
-
- Constitution
of Commission
-
- 5.
(1) The
Commission
shall,
subject
to subsection
(2), consist
of not
fewer than
7 and
not more
than
11
members,
who
shall be
appointed
by the
State
President
upon the
advice of
the
Transitional
Council,
and who
shall
-
be
impartial,
respected and
suitably
qualified men
and women,
do not
have a
-
high
party political
profile,
are themselves
voters,
and represent
a broad
cross-section
of the
population.
-
- (2)
(a)
The State
President
shall,
upon the
advice
of the
Transitional
-
Council,
appoint
not
more
than
five
persons
(not being
citizens
of the
-
Republic)
from
the
international
community
as members
of the
Commission
in a
non-representative
capacity.
-
- (b)
Such international
members
shall
have
the
same
rights
and
powers as
other members,
excluding
the power
to vote,
and
shall not
constitute
part
-
of
any quorum
in terms
of this
Act.
-
- (3)
(a)
The State
President
shall,
upon the
advice
of the
Transitional
Council,
designate
two members
as Chairperson
and Vice-Chairperson
of the
Commission,
respectively:
Provided
that if
the Transitional
Council so
decides,
it may
advise the
State
President
to designate
two members
as Co-
Chairpersons
in lieu
of a
Chairperson
and Vice-Chairperson,
and designate
which
one
of them
shall
preside
at the
first
meeting
of the
Commission.
-
- (b)
In the
absence
of both
such
Chairperson
and
Vice-Chairperson,
or
-
both
such
Co-Chairpersons,
as the
case may
be,
the remaining
members
shall by
simple
majority
nominate
another
member
as
acting
Chairperson
of the
Commission.
-
- (c)
The international
members
shall
not be
eligible
to serve
as
-
Chairperson,
Co-Chairperson,
Vice-Chairperson
or acting
Chairperson.
-
- (4)
The State
President
shall from
time
to time,
upon the
advice
of the
-
Transitional
Council and
subject
to subsection
(1), appoint
additional
-
members
to the
Commission,
subject
to the
maximum
number
contemplated
in that
subsection.
-
- Conduct
required
of members
-
6.
(1)
Every
member
and international
member
of the
Commission
shall-
(a) be
appointed
in his
or her
individual
capacity,
and shall,
-
notwithstanding
any personal
opinion,
preference
or party
affiliation, serve
impartially
and Independently
and perform
his or
her
functions
in good
faith
and without
fear,
favour,
bias
or prejudice;
-
- (b)
serve in
a full-time
capacity
to the
exclusion
of any
other
duty
or obligation
arising
out of
any
other
employment
or occupation
or the
holding
of any
other
office.
-
(2)
No member
or
international
member
of the
Commission
shall-
(a) during
his or
her term
of office
be eligible
for appointment
or
nomination
to
any
political
or
public
office,
whether
involving
remuneration
or not,
and
such ineligibility
shall,
in respect
of
such
public
office, continue
for a
period of
18
months
reckoned
from
the date
upon
which such
term
of office
as a member
has
terminated,
save in
respect of
the
resumption
of any
previously
held
public
office
at the
same
level;
-
- (b)
whether
directly
or
indirectly,
in any
manner
give
support
to, or
oppose,
any of
the parties
or candidates
participating
in the
elections,
or any
of the
issues in
contention
between
such
parties
or
candidates;
-
- (c)
by his
or her
membership,
association,
statement,
conduct
or in
any other
manner,
place in
jeopardy
his
or her
perceived
independence,
or in
any
other manner
harm
the
credibility,
impartiality,
independence
or integrity
of the
Commission;
-
- (d)
make
private use
of or
profit
from
any
confidential
information
gained
as a
result
of his
or her
appointment
and functions
as such
member;
-
- (e)
divulge
any such
information
to any
third party
save in
the course
and scope
of his
or her
official functions
and with
the
prior
approval
of the
Commission;
-
- (f)
accept any
remuneration,
emolument
or benefit,
of whatever
nature,
arising from
any other
employment
or occupation
or the
holding
of any
other
office, unless
specifically
authorized
thereto
by the
State
President,
acting
upon the
advice of
the
Transitional
Council;
-
- (g)
during
his or
her term
of
office be
eligible
to serve
as a
member
of the
Transitional
Council,
Parliament
or any
other
legislature,
and such
ineligibility
shall continue
for a
period
of 18
months reckoned
from
the
date upon
which
such
term
of office
has terminated;
and
-
- (h)
after
having served
as such
member,
be
eligible
to serve
as a
member
of the
Parliament
or any
other legislature
for which
that
Commission
was responsible
to conduct
elections,
during the
term
of such
Parliament
or legislature.
-
- Disclosure
of
conflicting
interests
-
- 7.
(1)
Subject
to subsection
(2), a
member
or international
member
shall
not at
any
meeting
of the
Commission-
-
- (a)
be present;
-
- (b)
exercise
a vote;
-
- (c)
in any
other manner
participate
in the
proceedings
thereof,
-
- during
the
discussion of
any
matter
before such
meeting
in respect
of which
he or
she has
any
financial
or other
interest
which might
preclude him
or her
from
performing
his or
her functions
in a
fair, unbiased
and proper
manner.
-
- (2)
If at
any
stage
during
the
course
of any
proceedings
before
the
Commission
it appears
that
any member
or international
member
has
or may
have
an interest
which
may cause
such a
conflict
of interests
to arise
on
-
his
or her
part-
-
- (a)
such
member
shall forthwith
and
fully
disclose the
nature
of his
or her
interest
and
leave
the
meeting
so as
to enable
the remaining
members
to discuss
the matter
and determine
whether such
member
is precluded
from
participating
in such
meeting
by
reason of
a conflict
of
interests;
and -
- (b)
such disclosure
and
the decision
taken
by the
remaining
members
regarding
such
determination,
shall
be
recorded in
the
minutes
of the
relevant
meeting.
-
- (3)
If any
member
or international
member
fails
to disclose
any interest
as required
by subsection
(2) or,
subject to
that subsection,
is present
at a
meeting
of the
Commission
or in
any manner
whatsoever
participates
in the
proceedings
of the
Commission
in relation
to such
matter,
such
proceedings
may
be reviewed,
varied
or set
aside
by the
Commission.
-
- Independence
of Commission
-
- 8.
(1) The
Commission
shall
function
without
political
or other
bias
or interference
and
shall,
save
as may
in this
Act
be expressly
otherwise provided,
be
Independent
and
separate
from
the
Transitional
Council,
any party,
any
government
and its
administration
or any
other functionary
or body,
whether
directly
or
indirectly
representing the
interests
of any
such
entity.
-
- (2)
Any
power of
any
of the
entities
referred to
in subsection
(1), in
-
- so
far
as it
relates
to the
administration,
organization,
conduct
and supervision
of any
election,
shall be
subject
to the
powers
of the
Commission,
to which
such
entities
shall
be
accountable
for such
of their
acts
and decisions
as may
influence
or affect
any election.
-
- Dissolution
of Commission
-
- 9.
The Commission
shall
be
dissolved upon
the
completion
of its
mandate
on a
date
fixed
by the
State President
by proclamation
in the
Gazette.
-
- Conditions
of service,
remuneration
and allowances
of
members
of Commission
and International
Advisory
Committee
-
- 10.
The conditions
of service,
remuneration,
allowances
and
other benefits
of members
of the
Commission
and the
International
Advisory Committee
shall be
determined
by the
Transitional
Council after
consultation
with
the
State President.
-
- Vacation
of office,
removal
from
office and
filling
of vacancies
in
-
Commission
-
- 11.
(1) A
member
of the
Commission
may
be removed
from office
by order
of the
Special
Electoral
Court on
an application
lodged by
or on
behalf
of
-
- (a)
the State
President;
-
- (b)
the
Transitional
Council; (c)
Parliament;
or
-
(d)
any registered
party
eligible
to participate
in the
election,
or at
least 1
000 voters:
Provided
that no
such application
by such
party
or such
voters shall
be heard
save
with the
prior leave
of the
Chairperson of
the Special
Electoral
Court, who
shall first
satisfy
himself
or herself
as to
the
existence
of probable
cause,
and who
may
impose
such
conditions
upon the
grant
of
leave,
including
the
imposition
of time
limits
for the
institution
of any
such
proceedings,
as he
or she
may
consider
appropriate,
if the
Special Electoral
Court is
satisfied as
to the
existence
of good
and
sufficient reason
therefor
as
contemplated
in subsection
(2).
-
- (2)
In considering
any such
application
the
Special
Electoral
Court
-
shall
determine
that
good
and sufficient
reason
exists
for the
removal
from office
of a
member
of the
Commission,
in case
of-
-
- (a)
serious
misconduct;
-
- (b)
unfitness
or incapacity,
including
continued
ill health;
-
- (c)
a material
contravention
of or
failure to
comply
with
the provisions
of section
6(1) (a)
or (b)
or (2)
(a),
(b), (c),
(d),
(e) or
(f) or
7(1) or
(2); or
-
- (d)
any
other
reason which
the
Special
Electoral
Court may
consider
material
and inconsistent
with
such
member's
continuance
in office.
-
- (3)
If a
member
of the
Commission
tenders
his
or her
resignation
in writing
to the
State
President,
is removed
from
office
in terms
of this
section,
or dies,
the State
President
shall,
upon the
advice
of the
Transitional
Council, either-
-
- (a)
allow
such appointment
to lapse,
provided
there
remains
at least
the minimum
number
of members
provided for
in section
5(1);
or
-
- (b)
appoint some
other suitably
qualified
person as
a member
for the
unexpired
portion of
the term
of the
Commission.
-
- Meetings
of Commission
-
- 12.
(1) The
Commission
may
meet at
any place
in the
Republic
determined
by the
Chairperson,
Vice-Chairperson
or Co-Chairpersons,
as the
case
may be,
for the
purpose
of performing
its functions.
-
- (2)
Meetings
may
be convened
at any
time
at the
instance
of the
Chairperson,
Vice-Chairperson
or Co-Chairpersons,
as the
case
may
be,
or at
the instance
of any
two other
members,
and shall
be convened
at such
intervals
as circumstances
may
require.
-
- (3)
A quorum
for a
meeting of
the
Commission
shall
be 75%
of the
members.
-
- (4)
(a)
Subject
to paragraph
(b) and
section
5(3)(b),
the decision
of
-
two-thirds
of the
members
present at
a meeting
of the
Commission
shall
be the
decision
of the
Commission.
-
- (b)
The Commission
shall in
terms
of section
18(b)
certify
that an
election was
substantially
free
and fair,
only if
at least
75% of
the members
present
at the
l
meeting
of the
Commission
concur.
-
- (5)
The Commission
may
determine
its
own procedures
to be
followed
at its
meetings.
-
- Powers,
duties and
functions
of Commission
-
- 13.
(1) The
Commission
may
exercise
the
powers
and shall
perform
the
duties and
functions
conferred
upon or
assigned
to it
by this
Act or
any
-
- other
law.
-
- (2)
The Commission
shall-
-
- (a)
assume
responsibility
for
the administration,
organization and
conduct,
whether
directly or
indirectly,
and the
supervision
of the
administration,
organization and
conduct
of any
election;
-
- (b)
take
such measures
as it
may
consider
necessary
for
the prevention
of
intimidation
of voters,
candidates
and parties;
-
- (c)
be responsible
for the
education
of voters
concerning- (i)
democratic
principles
and values;
-
(ii)
the
electoral
process
and
mechanisms;
-
- (iii)
the
right
to free
political
canvassing
and
campaigning;
(iv) secrecy
of
voting; and
-
(v)
any other
relevant
matter,
by means
of-
-
- (aa)
literature
and the
use
of
other
media,
including
distribution
and
publication
of suitable
literature,
advertisements
and dissemination
through
radio, television
and
the
public
printed
media,
having
due
regard
to the
variety
of
languages
spoken
and varying
levels
of education
throughout the
Republic;
and
-
- (bb)
workshops,
seminars
and meetings,
as it
may
consider
appropriate;
and
-
- (d)
submit
monthly
reports in
writing concerning
its functions,
which
reports
shall be
delivered
at the
same
time
to the
Transitional
Council and
the
State President,
and such
reports
shall be
public documents.
-
- (3)
The Commission
shall
have
power-
-
- (a)
to hear
and determine
appeals against
decisions or
actions
of the
Chief Directors:
Administration
and Monitoring
in respect
of prescribed
matters,
which decisions
or actions
may
be confirmed,
varied
or set
aside;
-
- (b)
to give
instructions
to the
Chief
Directors:
Administration
and Monitoring
in
respect
of matters
concerning
their functions,
which
power
may
be exercised
either
upon request
from
the
said Chief
-
- Directors
or at
its own
initiative;
and
-
- (c)
to establish
such
committees
as it
may
consider
necessary
for the
effective
exercise
and performance
of its
powers,
duties
and
-
functions,
and
determine
the
composition,
quorum
for a
meeting
and
a decision,
procedure and
functions
thereof.
-
- International
Advisory
Committee
-
- 14.
(1) The
State President
shall,
upon the
advice
of the
Transitional
Council,
establish
a committee
to be
known
as the
International
Advisory
Committee
to advise
the
Commission
on any
matter
regarding
the performance
of its
functions
as may
be requested
by it.
-
- (2)
The International
Advisory Committee
may consist
of persons
(not being
citizens
of the
Republic)
from
the international
community
appointed in
a non-representative
capacity
by the
State
President
upon the
advice
of the
Transitional
Council.
-
- (3)
The International
Advisory
Committee
may determine
its own
procedures to
be followed
at its
meetings.
-
- Administration
and
staff
of Commission
-
- 15.
The Commission
shall,
in addition
to the
other
powers
conferred upon
it by
this Act
or any
other law,
for the
purpose of
achieving
its objects,
have
the
power
to-
-
- (a)
appoint
staff to
assist
it or
a Chief
Director
of a
directorate or
-
the
Secretary
in the
performance
of its
or his
or her
functions,
and after
consultation
with
the Minister
of State
Expenditure determine
their conditions
of service,
remuneration,
allowances
and
other benefits,
including
those of
-
- (i)
members
of committees
who are
not members
of the
-
Commission;
-
- (ii)
the
Chief
Directors: Administration
and
Monitoring
and the
Secretary;
and
-
- (iii)
other
officials;
-
- (b)
request
the
secondment
to it
of skilled
personnel
from
any public
service, subject
to any
law applicable
to such
personnel in
that
regard,
to assist
the Commission,
the Chief
Directors of
the directorates
or the
Secretary
in the
performance
of its,
his or
her
functions;
-
- (c)
open and
maintain
its
own financial
accounts;
and
-
- (d)
take
such steps,
including
legal
steps, as
are
necessary
to give
effect to
this Act
or any
decision
taken
under
this
Act.
-
- Expenditure
of Commission
and budget
-
- 16.
(1) The
expenditure
in
connection
with the
exercise
of the
Commission's
powers and
the performance
of its
duties
and functions
shall be
paid
out
of money
appropriated
by
Parliament
for such
purpose.
-
(2)
The Commission
shall
budget
for and
be allocated the
necessary
resources
or additional
resources
to enable
it to exercise
its powers
and perform
its duties
and functions
effectively. -
- Accountability
and finance
-
- 17.
(1) The
Commission
shall at
its first
meeting
or as
soon
thereafter
-
as
possible
appoint
a person
to the
office
of Chief
Executive
Officer, who-
-
- (a)
shall
be
responsible
for the
management
of and
administrative
control over
the
staff appointed
or seconded
in terms
of section
-
15(a)
or (b),
respectively,
in respect
of the
Commission;
-
(b)
shall,
subject to
the
Exchequer
Act, 1975
(Act
No. 66
of 1975)
(i) be
charged
with the
responsibility
of accounting
for
State
money
received
or
paid
out
for
or on
account
of
the
Commission,
the directorates
and the
Secretariat;
and
-
- (ii)
cause the
necessary
accounting
and other
related
records
to be
kept;
-
- (c)
may
exercise the
powers
and
shall
perform
the duties
and functions
which
the Commission
may
from
time
to time
confer upon
or assign
to him
or her
in order
to achieve
the
objects
of this
Act,
and shall
for
the
purposes
thereof
be accountable
to the
Commission. -
- (2)
The
records referred
to in
subsection
(1)(b) shall
be audited
by the
Auditor-General.
-
- (3)
The
Chief Executive
Officer, and
the
persons referred
to in
section
-
15(a)
or (b),
shall exercise
their
powers
and perform
their
duties
and functions
in an
impartial
manner
and shall,
in so
doing,
be subject
to such
provisions
of the
laws
governing
the
public service
of the
Republic
as may
be indicated
by the
Commission
and to
the
extent
so indicated
by the
-
Commission
as well
as the
Exchequer
Act,
1975,
and the
Auditor-General
Act,
-
1989
(Act No.
52 of
1989).
-
- Determination
and certification
of election
results,
or declaration
-
- 18.
Upon completion
of the
ballot,
the Commission
shall as
expeditiously
as possible,
but not
sooner
than
2 days
and not
later than
10 days
after the
close of
the
poll-
-
- (a)
determine
and certify
the results
of the
election;
and
-
- (b)
either
certify in
respect
of the
National
Assembly
and each
other
legislature
that
the
election
was substantially
free
and fair;
or
-
- (c)
declare
that
it was
unable
to certify
it as
such.
-
CHAPTER
III
-
Election
Administration
Directorate
-
- Establishment
of Election
Administration
Directorate
-
- 19.
There shall
be established
on the
date
on which
the
Commission
is constituted,
a directorate
to be
known
as the
Election
Administration
Directorate.
-
- Constitution
of Election
Administration
Directorate
-
- 20.
(1) The
Administration
Directorate shall
consist
of a
Chief
Director:
Administration,
one or
more
deputy directors
and such
other
officials
as the
Commission
may
consider
necessary
and appoint
to enable
that Directorate
effectively to
perform
its functions
in terms
of this
Act
-
and
the
Electoral
Act.
-
- (2)
In effecting
the appointment
of the
Chief
Director: Administration
and any
deputy
director,
the Commission
shall
invite
and, where
given,
consider,
but
shall
not
be bound
by,
the advice
of the
Transitional
Council.
-
- Powers,
duties and
functions
of Chief
Director:
Administration
-
- 21.
(1) The
Chief
Director:
Administration
shall
have
the
powers,
-
duties
and functions
conferred
upon or
assigned
to him
or her
by or
under
this Act
and the
Electoral
Act.
-
- (2)
Any
decision
or action
taken
by any
functionary
of any
sub- structure
of the
Administration
Directorate
in any
geographic
district or
region in
respect
of any
prescribed
matter
may
be appealed
against
to the
Chief Director:
Administration,
who may
confirm,
vary or
set
aside
any such
decision or
action.
-
- (3)
The
Chief Director:
Administration
shall-
-
- (a)
operate Independently
of the
Chief
Director:
Monitoring
and the
-
Secretary;
-
- (b)
be under
the
supervision
of the
Commission;
and
-
- (c)
carry out
the
instructions
of the
Commission,
to which
he or
she shall
be accountable.
-
- (4)
The
Chief Director:
Administration
may
delegate
the
power
to hear
and determine
appeals in
terms
of subsection
(2)
to any
deputy director
appointed
in terms
of section
20(1), and
may
delegate any
other
power
conferred upon
him
or her
by or
under
this Act
and
the Electoral
Act
to any
official
of his
or her
directorate
as he
or she
may
consider
necessary.
-
CHAPTER
IV
-
Election
Monitoring Directorate
-
Establishment
of Election
Monitoring
Directorate -
- 22.
There shall
be established
on the
date
on which
the
Commission
is constituted,
a directorate
to be
known
as the
Election
Monitoring
Directorate.
-
- Constitution
of Election
Monitoring
Directorate
-
- 23.
(1) The
Monitoring
Directorate shall
consist of
a Chief
Director:
Monitoring
and such
other
officials
as the
Commission
may
consider
necessary and
appoint
to enable
that
Directorate effectively
to perform
its functions
in terms
of this
Act.
-
- (2)
In
effecting
the
appointment
of the
Chief
Director: Monitoring,
the
Commission
shall invite
and, where
given, consider,
but shall
not be
bound
by,
the advice
of the
Transitional
Council.
-
- Powers,
duties and
functions
of Chief
Director: Monitoring
-
- 24.
(1) The
Chief
Director:
Monitoring
shall-
-
- (a)
appoint
monitors
and co-ordinate
their
functions
to observe
and report
to him
or her
upon the
electoral process,
including
political
meetings,
canvassing,
advertising
and other
campaigns;
-
- (b)
register
observers
and regulate
their activities,
and publish
guidelines
and, if
he or
she considers
it necessary,
a Code
of
-
- Conduct
binding
upon
all such
observers;
-
- (c)
facilitate
the role
of international
observers
and provide
them
-
with
information
and
assistance
as may
be required
to enable
them
to perform
their
duties;
-
- (d)
investigate
alleged
infringements
of the
Electoral
Code of
Conduct, other
alleged
electoral
offences
and any
other matters
justiciable
-
in
terms
of this
Act
and the
Electoral
Act
and
report to
the
-
Commission
thereon;
-
- (e)
issue and
execute
prescribed
search warrants
and subpoenas
and seize
items
required
in connection
with the
investigation
of
alleged
infringements
of the
Electoral
Code of
Conduct,
other
alleged
electoral
offences
and any
other
matters
justiciable
in terms
of
-
this
Act and
the
Electoral
Act,
with
the
assistance
of the
National
Peacekeeping
Force as
defined
in section
1 of
the Transitional
Executive Council
Act, 1993,
the police
or defence
forces,
as may
be requested
by the
Commission;
-
- (f)
initiate or
co-ordinate meetings
between
the various
registered
parties
participating
in the
election
with
a view
to mediating
and, if
possible, resolving
issues
and disputes
arising
in the
course
of the
election, by
negotiation and
mutual
agreement;
-
- (g)
issue
prescribed
warnings concerning
alleged
or threatened
infringe
ments
of the
Electoral
Code
of
Conduct;
-
- (h)
report
to the
Commission
upon
the electoral
process
as required
by it;
-
- (i)
operate Independently
of the
Chief
Director:
Administration
and the
-
Secretary;
-
- (j)
be under
the
supervision
of the
Commission;
-
- (k)
carry
out the
instructions of
the
Commission,
to
which he
or she
shall be
accountable;
and
-
(l)
have such
other
powers,
duties and
functions
as may
be
prescribed.
(2) Any
decision
or action
taken
by any
functionary
of any
sub-
structure
of the
Monitoring
Directorate
in
any
geographic
district
or
region
in respect
of any
prescribed
matter
may
be appealed
against
to the
Chief Director:
Monitoring,
who may
confirm,
vary
or set aside
any such
decision or
action. -
- (3)
The
Chief Director:
Monitoring
may
delegate
any power
conferred
-
- upon
him or
her by
or under
this
Act
to any
official
of his
or her
directorate
as he
or she
may consider
necessary.
-
CHAPTER
V
-
Election
Adjudication
Secretariat
-
- Establishment
of Election
Adjudication
Secretariat
-
- 25.
There shall
be established
on the
date
on which
the
Commission
is constituted
a secretariat
to be
known
as the
Election
Adjudication Secretariat.
-
- Constitution
of Election
Adjudication
Secretariat
-
- 26.
(1) The
Secretariat
shall
consist
of a
Secretary
and such
other officials
as the
Commission
may
consider
necessary
and appoint
to enable
the Secretariat
effectively
to
perform
its functions
in terms
of this
Act.
-
(2)
In effecting
the
appointment
of the
Secretary,
the Commission
shall
invite and,
where
given,
consider,
but
shall
not
be bound by,
the advice
of the
Transitional
Council. -
- Powers,
duties and
functions
of Secretary
-
- 27.
(1) The
Secretary
shall-
-
- (a)
co-ordinate the
functions
of the
Electoral
Tribunals,
the
Electoral
-
Appeal
Tribunals and
the Special
Electoral
Court;
-
- (b)
perform
the
administrative
work connected
with
the
performance
of the
functions
of those
Tribunals
and that
Court;
-
- (c)
operate Independently
of the
Chief
Directors:
Administration
and
-
Monitoring;
-
- (d)
be under
the
supervision
of the
Commission;
and
-
- (e)
carry out
the
instructions
of the
Commission,
to which
he or
she shall
be accountable.
-
- (2)
The Secretary
shall have
such
other powers,
duties
and functions
as may
be prescribed.
-
CHAPTER
VI Electoral
Tribunals
-
- Establishment
and constitution
of Electoral
Tribunals
-
- 28.
(1) The
Commission
shall,
subject
to subsection
(2), establish
such number
of Electoral
Tribunals
with
jurisdiction
in
respect
of prescribed
geographic
areas
as it
may consider
necessary
to
adjudicate
and decide
prescribed
matters
concerning
alleged
electoral
irregularities
and alleged
infringements
of the
Electoral
Code of
Conduct.
-
- (2)
An Electoral
Tribunal
shall
consist
of one
person, who
shall be
an attorney,
advocate,
magistrate
or academic
lawyer
at a
university
with not
less
than
five
years'
experience
in one
or more
such
capacities,
appointed
to that
office
by the
Commission.
-
- Powers,
duties and
functions
of Electoral
Tribunals
-
- 29.
(1) An
Electoral Tribunal
hearing
any
matter
falling
within
its jurisdiction,
shall
enquire
into
the
matter
in the
prescribed
manner,
consider
it and
make
such
decision or
give such
order as
in its
opinion is
fair and
just.
-
- (2)
An Electoral
Tribunal
finding
any
person
or party
guilty
of contravening
or
failing
to comply
with
any prescribed
matter
or any
provision
of the
Electoral
Code of
Conduct,
may
impose
any such
penalty
or sanction
as may
be prescribed
in terms
of this
Act and
the Electoral
Act as
-
it
may
consider
appropriate
in the
circumstances.
-
- (3)
An Electoral
Tribunal
shall
have
such other
powers,
duties
and functions
as may
be prescribed.
-
- CHAPTER
VII Electoral
Appeal Tribunals
-
Establishment
and constitution
of Electoral
Appeal Tribunals
-
- 30.
(1) The
Commission
shall,
subject
to subsection
(2), establish
such number
of Electoral
Appeal Tribunals
as it
may
consider
necessary
to hear
and determine
appeals and
to review
decisions
from
the
Electoral Tribunals.
-
- (2)
An Electoral
Appeal Tribunal
shall consist
of three
persons
appointed
by the
Commission,
of whom-
-
- (a)
the Chairperson
shall be
a judge
of the
Supreme
Court;
-
- (b)
one shall
be an
attorney,
advocate
or magistrate
or academic
lawyer
at a
university
with
not
less than
five years'
experience in
one or
more
such
capacities;
-
- (c)
one shall
be a
suitable
person,
who may
or may
not be
legally
qualified
or
experienced.
-
Powers,
duties and
functions
of Electoral
Appeal Tribunals -
- 31.
(1) An
Electoral Appeal
Tribunal
hearing
any appeal
or reviewing
any
decision
shall
enquire
into
the
matter
in the
prescribed
manner,
consider
it and
confirm,
vary or
set aside
the decision,
order, penalty
or sanction
of the
Electoral Tribunal,
or make
such
other
decision
or give
such
other
order or
impose
such other
penalty or
sanction
as in
its opinion
the Electoral
Tribunal ought
to have
made,
given
or imposed.
-
- (2)
An Electoral
Appeal Tribunal
shall have
such
other
powers,
duties
and functions
as may
be prescribed.
-
CHAPTER
VIII Special
Electoral Court
Establishment
and constitution
of Special
Electoral
Court -
- 32.
(1) There
is hereby
established
a court
to be
known
as the
Special Electoral
Court
with the
powers,
duties
and functions
referred
to in
section
33.
-
- (2)
The Special
Electoral
Court shall
consist
of-
-
- (a)
a Chairperson,
who
shall be
a judge
of the
Appellate Division
of
-
the
Supreme
Court, and
two judges
of the
Supreme
Court
designated
by the
Chief Justice;
and
-
- (b)
two
other members,
of whom-
-
- (i)
one
shall
be an
attorney,
advocate, magistrate
or academic
lawyer
at a
university
with not
less than
five
years' experience
in one
or more
such capacities;
and
-
- (ii)
one shall
be a
suitable person,
who may
or may
not
be legally
qualified
or experienced,
appointed
by the
Transitional
Council.
-
Powers,
duties and
functions
of Special
Electoral
Court -
- 33.
(1) (a)
Subject to
section
36(6)(a), the
Special
Electoral
Court shall
have
power to
review any
decision
of the
Commission.
-
- (b)
Any
such review
shall be
conducted
on an
urgent basis,
and
shall be
disposed
of as
expeditiously
as possible.
-
- (2)
(a)
Subject
to section
36(6)(a), the
Special
Electoral
Court
shall
-
have
the
power to
hear
and determine
an appeal
against
any decision
of the
Commission
only
in so
far as
such
decision
relates
to the
interpretation
of any
law or
any
other matter
for which
an appeal
is provided
in the
-
Electoral
Act.
-
- (b)
No such
appeal
shall be
heard save
with the
prior leave
of the
Chairperson of
the Special
Electoral
Court granted
on application
within the
period
and in
the
manner
determined
by that
Court.
-
(c)
Such
an appeal
shall
be heard,
considered
and
summarily
determined
upon written
submissions
submitted
within
three days
after
leave
to appeal
was
granted in
terms
of paragraph
(b). -
- (3)
The Special
Electoral
Court shall
have
power
to remove
any member
of the
Commission
from
office under
section 11.
-
- (4)
Subject
to section
36(7),
the Special
Electoral
Court shall
have
-
power
to hear
appeals
against
and review
decisions
of any
Appeal Tribunal.
-
- (5)
The Special
Electoral
Court shall
determine
its own
practice
and procedures
and make
its own
rules.
-
- (6)
The Special
Electoral
Court shall
have
such
other
powers,
duties
and functions
as may
be conferred
upon
or assigned
to it
by the
Electoral Act,
the
Transitional
Executive
Council
Act, 1993,
or any
other law.
-
CHAPTER
IX General
Provisions
-
Application
of Act
in event
of conflict
with other
laws
-
34.
In the
event
of a
conflict
between
the
provisions of
this
Act and
those of
any other
law, the
provisions
of this
Act shall
prevail
in so
far as
such provisions
relate to
the
conduct
and supervision
of elections. -
- Dissolution
of directorates,
Secretariat
and tribunals
-
- 35.
(1) The
directorates
and the
Secretariat
shall
be
dissolved
on the
date upon
which
the
Commission
is dissolved.
-
- (2)
The Electoral
Tribunals
and the
Electoral Appeal
Tribunals
shall
be dissolved
on final
determination
of the
issues
placed before
them.
-
- Appeal
and review
-
- 36.
(1) Any
interested person,
party
or candidate
who or
which feels
aggrieved by
any
decision
or' action
taken
by any
functionary
of a
directorate
in respect
of any
prescribed
matter
may,
within
the
period
and in
the
manner
prescribed,
appeal
to the
Chief
Director
of the
relevant
directorate
against
the
decision
or action
in issue.
-
- (2)
Any
interested
person,
party
or candidate
who or
which
feels aggrieved by
any
decision
or action
taken
by the
Chief Director:
Administration
or Monitoring
in respect
of any
prescribed
matter
other
than a
decision
or action
on appeal
referred
to in
subsection
(1) may,
within
-
the
period
and in
the
manner
prescribed,
appeal
to the
Commission
against
-
the
decision
or action
in
issue.
-
- (3)
(a)
Subject
to section
33(2),
there
shall
be no
appeal
against
any
decision of
the Commission.
-
- (b)
Subject
to section
33(1),
any
interested
person,
party
or
candidate
may
bring any
decision
of the
Commission
under
review
before
the Special
Electoral
Court
within the
period
and in
the
manner
determined
by that
Court.
-
- (4)
Any
interested
person,
party
or candidate
who or
which
feels aggrieved
by any
decision,
order,
penalty or
sanction
made,
given or
-
imposed
by any
Electoral
Tribunal
may,
within
the
period
and in
the
manner
-
prescribed,
appeal
to the
relevant
Appeal Tribunal
against
the decision,
order, penalty
or sanction
in issue.
-
- (5)
Any
interested
person,
party
or candidate
may
bring any
decision
of any
Electoral
Tribunal
under
review before
the
relevant
Appeal
Tribunal
within
the period
and in
the manner
prescribed.
-
- (6)
Any-
-
- (a)
decision of
the Commission
in terms
of section
18;
and
-
- (b)
decision
or order
of the
Special
Electoral
Court, shall
be final
and not
subject to
appeal
or review.
-
- (7)
No appeal
against
or review
of a
decision
of an
Appeal Tribunal
shall
be heard
save with
the prior
leave
of the
Chairperson
of the
Special
Electoral Court
granted on
application
within the
period and
in the
manner
determined
by that
Court.
-
- Remuneration
and allowances
of members
of
tribunals
and Special
Electoral
-
Court
-
- 37.
(1) Subject
to subsection
(3),
the
Transitional
Council may,
after consultation
with
the
Minister
of State
Expenditure,
determine
the
-
- remuneration
and allowances
payable
to members
of the
Special
Electoral
-
Court.
-
(2)
Subject
to subsection (3),
the Commission
may,
after
consultation
with
the
Minister
of State Expenditure,
determine
the
remuneration
and allowances
payable
to members
of the
Electoral
and
Appeal Tribunals. -
- (3)
Different
or no
remuneration
or allowances
may
be determined
under subsections
(1) and
(2) in
respect of
different
members
of those
Tribunals
and that
Court.
-
- Secrecy
-
- 38.
(1) Every
member
of the
Commission
and every
person
employed
in the
performance
of the
functions of
the Commission,
the directorates
and
the
Secretariat
shall
aid in
preserving
secrecy
in regard
to any
matter
or information
that may
come
to his
or her
knowledge
in the
performance
of his
or her
duties in
connection
with the
said functions,
except
in so
far as
-
the
publication
of such
matter
or information
is authorized
by law.
-
- (2)
Any
person
who, in
the exercise
of powers
or the
performance
of duties
in terms
of this
Act, has
obtained knowledge
regarding
the affairs
of any
registered `party,
candidate
or voter,
shall,
subject to
section
-
6(2)(e),
not
disclose such
knowledge
to any
person other
than
is required
-
in
the
course
and scope
of his
or her
duties or
in response
to a
question
lawfully put
under order
of any
court of
law
or tribunal
contemplated
in this
Act
or the
Special
Electoral
Court.
-
- Offences
and
penalties
-
- 39.
Any
person
who-
-
- (a)
wilfully
hinders or
obstructs
the Commission,
a Chief
Director
of a
directorate
or the
Secretary or
a member
of its,
his
or her
staff in
-
the
exercise
of its
or his
or her
powers
or in
the performance
of its
or his
or her
duties or
functions;
-
- (b)
wilfully
interrupts
the proceedings
at a
meeting
of the
Commission
or a
sitting of
an Electoral
or Appeal
Tribunal
or the
Special
-
Electoral
Court or
misbehaves
in any
other
manner
in the
place
where
-
such
meeting
or sitting
is held;
-
- (c)
in connection
with
any meeting
of the
Commission
or sitting
of such
Tribunal or
Court does
anything
which,
if such
meeting
or sitting
were
proceedings
in a
court of
law,
would
have constituted
contempt
of
court;
-
- (d)
does
anything
calculated
improperly
to influence
the
Commission
or
-
- any
such
Tribunal
or
Court
in respect
of any
matter
being
or to
be considered
by the
Commission
or such
Tribunal
or Court
in connection
with
any
decision or
order;
-
- (e)
wilfully
contravenes
or fails
to comply
with any
provision
of section
38, shall
be guilty
of an
offence
and liable
on conviction
-
to
a fine
or to
imprisonment
for a
period
not exceeding
five
years.
Legal
proceedings
against
Commission
40.
(1) The
State Liability
Act,
1957 (Act
No. 20
of 1957), shall
apply
mutatis
mutandis
in respect
of the
Commission. -
(2)
In such
application
a reference
to a
Minister
of a
department
shall be
construed as
a reference
to the
Chairperson
or Co-Chairperson
of the
Commission,
as the
case
may be. -
- Regulations
-
41.
(1) The
Commission
may
make
regulations
regarding- (a)
governing the
permissible
nature
and content
of political
-
advertising,
which
shall
be
determined
and
enforced
by
the
-
Commission
in
conjunction
with the
Independent
Media Commission
established by
section
2 of
the Independent
Media
Commission
Act,
-
1993,
and the
Independent
Broadcasting
Authority established
by section
3 of
the Independent
Broadcasting
Authority
Act, 1993;
-
- (b)
the
issue,
contents,
form,
and the
practice and
procedure
in connection
with the
execution,
of
search
warrants,
subpoenas
and the
seizure
of items
required
in connection
with
the investigation
of alleged
infringements
of the
Electoral
Code
of Conduct,
alleged electoral
offences
and matters
justiciable
in terms
of this
Act;
-
- (c)
the manner
in which
proceedings,
and the
nature
of proceedings
which,
may be
instituted in
the
Electoral
and
Appeal Tribunals;
-
- (d)
the
time
limits
within
and manner
in
which
appeals
may
be noted
or decisions
may
be brought
under
review in
terms
of this
Act;
-
- (e)
electoral
irregularities
and other
matters
in respect
of
which contraventions
or failures
to
comply
shall constitute
cause
for
proceedings
to be
instituted
in the
Electoral Tribunals;
-
- (f)
the issue,
contents,
form
and use
of process,
and the
practice and
procedure
in connection
with
the
service
and
execution
thereof;
-
- (g)
the
manner
of recording
or noting
evidence
or proceedings
and the
-
- disposal
thereof;
-
- (h)
the
appointment
and functions
of sworn
interpreters;
-
- (i)
orders, penalties
and
sanctions
which may
be given
or imposed
by an
-
Electoral
or Appeal
Tribunal,
and the
execution
thereof;
-
- (j)
the manner
in which
a person,
party
or candidate
may
be summoned
to appear
in an
Electoral
Tribunal
to face
charges
of
contravening
or failing
to
comply
with a
regulation
contemplated
in paragraph
(e) or
-
an
infringement
of the
Electoral
Code
of
Conduct,
and the
manner
in
-
which
one or
more
persons
may
be selected
to represent
such party
in such
Tribunal;
-
- (k)
the
procedures for
investigating
alleged
infringements
of the
Electoral Code
of Conduct,
electoral offences
or matters
justiciable
in terms
of this
Act
in order
to bring
such investigations
to an
expeditious
conclusion;
-
- (l)
the practice
and procedure
to be
followed
by the
Chief
Director:
Administration
and the
Chief Director:
Monitoring
in
hearing
appeals
against
decisions
or actions
of functionaries
of their
directorates,
-
due
regard
being had
to the
principles
of natural
justice;
-
- (m)
the
practice
and procedure
to be
followed
by the
Secretary
in the
performance
of his
or her
functions;
-
- (n)
fees
and costs
and the
recovery
thereof
in respect
of legal
proceedings
in terms
of this
Act;
-
- (o)
representation
or absence
thereof
in respect
of legal
proceedings
in terms
of this
Act;
-
(p)
the
practice
and procedure
to be
followed
by the
Electoral
and Appeal
Tribunals in
the conduct
of their proceedings
in order
to bring
such proceedings
to an
expeditious
conclusion,
due
regard
being
had
to fairness
and justice;
-
- (q)
the
regulation
of the
conduct of
all
persons,
parties
and candidates
in so
far as
such conduct
may
promote
or inhibit
the conduct
of free
and fair
elections;
-
- (r)
any
matter
required
or permitted
to be
prescribed
in terms
of this
-
Act;
and
-
- (s)
generally,
all matters
which
in its
opinion
are
necessary
or expedient
to be
prescribed
to achieve
the
objects
of this
Act.
-
- (2)
A regulation
under
subsection (1)
may
prescribe
penalties
for any
contravention
of the
provisions
thereof
or any
failure to
comply
therewith
of a
fine or
imprisonment
for a
period
not exceeding
two years.
-
- (3)
Regulations
under subsection
(1)
affecting
State
expenditure
shall be
made
only
after consultation
with the
Minister of
State
Expenditure.
-
- Short
title
and commencement
-
- 42.
This Act
shall
be
called the
Independent
Electoral
Commission
Act,
-
1993,
and
shall
come
into
operation
on a
date
fixed
by the
State
President,
on the
advice
of the
Transitional Council,
by
proclamation
in the
Gazette.
|