|
NO.
193
OF
1993:
INDEPENDENT
ELECTORAL
COMMISSION
AMENDMENT
ACT,
1993.
-
STATE
PRESIDENT'S
OFFICE
-
- No.
6.
5
January
1994
-
NO.
193
OF
1993:
INDEPENDENT
ELECTORAL
COMIMSSION
AMENDMENT
ACT,
1993.
-
- It
is
hereby
notified
that
the
State
President
has
assented
to
the following
-
Act
which
is
hereby
published
for
general
information-:
-
- GENERAL
EXPLANATORY
NOTE:
-
- Words
in
bold
type
indicate
omissions
from
exsiting
enactments.
Words
in
italics
indicate
insertions
in
existing
enactments.
ACT
-
- To
amend
the
Independent
Electoral
Commission
Act,
1993,
so
as
to
replace three
definitions,
delete
one
and
insetr
one;
to
make
provision
for
-
certain
consequential
amendments
on
account
of
the
Electoral
Act.
1993,
-
and
to
further
regulate
the
establishment
and
constitution
and
powers, duties
and
functions
of
Electoral
Tribunals
and
Electoral
Appeal
Tribunals;
and
to
provide
for
matters
in
connection
therewith.
-
(English
text
signed
by
the
State
President.)
(Assented
to
22
December
1993.)
- BE
IT
ENACTED
by
the
State
President
and
the
Parliament
of
-
South
Africa,
as
follows:-
-
- Amendment
of
section
1
of
Act
150
of
1993
-
- ethRepublic
of
- 1.
Section
1
of
the
Independent
Electoral
Commission
Act.
1993
(hereinafter
-
referred
to
as
the
principal
Act),
is
hereby
amende-d
-
- (a)
by
the
substitution
for
the
definition
of
"Electoral
Code
of
Conduct"
of
-
the
following
definition:
-
- "
'Electoral
Code
of
Conduct'
means
the
Electoral
Code
of
Conduct for
Political
Parties
contained
in
Schedule
1
2
to
the
Electoral
Act;";
-
- (b)
by
the
substitution
for
the
definition
of
"National
Assembly"
of
the following
definition:
-
- "
'National
Assembly'
means
the
National
Assembly
which
together with
the
Senate
shall
constitute
the
Constitutioanl
sembly
as
contemplated
in
the
Constitution;";
-
- (c)
by
the
deletion
of
the
definition
of
"other
legislature";
-
- (d)
by
the
substitution
for
the
definition
of
"party"
of
the
following
definition:
-
- 'party'
means
anyregistered
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
electionor
the
non-acceptance
of the
results
certified
by
the
Conunission;";
and
-
- (e)
by
the
insertion
after
the
definition
of
"prescribe"
of
the following
definition:
-
- "'
provincial
legislature'
means
any
legislature
of
a
province
as
contemplated
in
the
Constitution:".
-
- Amendment
of
section
15
of
Act
150
of
1993
-
- for
-
- 2.
Section
15
of
the
principal
Act
is
hereby
amended
by
the
substitution
paragraph
(d)
of
the
following
paragraph: -
- "(d)
take
suchsteps,
including
legal
steps,
as
are
necessary
to
give effect
to
this
Act
and
the
Electoral
Act
or
any
decision
taken
under this
Act
the
said
Acts.".
-
Amendment
of
section
20
of
Act
150
of
1993
- for
-
- 3.
Section
20
of
the
principal
Actis
hereby
amended
by
the
substitution
- subsection
(1)
of
the
following
subsection:
-
- Director:
-
- "(1)
The
Administration
Directorate
shall
consist
of
a
Chief
- Administration,
one
or
more
deputy
directors
and
such
other
officials
contemplated
in
the
Electoral
Act
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.".
- Amendment
of
section
23
of
Act
105
-
- of
1993
- for
-
- 4.
Section
23
of
the
principal
Act
is
hereby
amended
by
the
substitution
- subsection
(1)
of
the
following
subsection:
-
- "(1)
The
Monitoring
Directorate
shall
consist
of
a
Chief
Director:
Monitoring
and
suchother
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.".
-
- Amendment
of
section
24
of
Act
150
of
1993
-
- 5.
Section
24
of
the
principal
Act
is
hereby
amende-d
-
- (a)
by
the
substitution
for
paragraph
(l)
of
subsection
(1)
of
the following
-
paragraph:
- prescribed
-
- "(l)
have
such
other
powers,
duties
and
functions
as
may
be
- by
this
Act
and
the
Electoral
Act.";
and
-
- (b)
by
the
substitution
for
subsection
(3)
of
the
following
subsection:
"(3)
The
Chief
Director:
Monitoring
may
delegate
any
power
conferred upon
him
or
her
by
or
under
this
Act
or
the
Electoral
Actotany
official
of
his
or
her
directorate
as
he
or
she
may
consider
necessary.".
-
- Substitution
of
section
28
of
Act
150
of
1993
- 6.
The
following
section
is
hereby
substituted
for
section
28
of
the principal
Act:
-
- "Establishment
and
constitution
of
Electoral
Tribunals
-
- 28.
(1)
The
Commission
shall,
subject
to
subsection
(2),
by regulation
establish
such
number
of
Electoral
Tribunals
with
jurisdiction
in
respect
of
prescribed
geographic
aeras
as
it
may consider
an
Electoral
Tribunal
for
each
of
such
prescribed
-
geographic
areas
as
may
in
its
discretion
be
necessary,
to
adjudicate and
decide
prescribed
on
matters
concerning
alleged
-
prescribed
electoral
irrgeularities,
and
alleged
infringements
-
of
the
Electoral
Code
of
Conduct
and
contraventions
of,
or
failures
to
-
comply
with
any
provision
of,
the
Electoral
Act.
-
- (2)(a)
An
Every
Electoral
Tribunal
shall
consist
of
-
one
be
presided
over
by
a
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
and
who shall
be
appointed,
generally
or
in
rsepect
of
a
particular
matter or
period,
to
that
office
by
the
Commission.
-
- (b)
When
circumstances
may
in
any
prescribed
geographic
area
require more
than
one
simultaneous
sitting
of
the
Electoral
Tribunal
-
established
-
for
such
geographical
area,
two
or
more
persons
may,
in
terms
of
-
paragraph
(a),
be
appointed
in
such
area
to
preside
over
such
Electoral
-
Tribunal
at
such
sittings.
-
- (c)
A
person
may
in
terms
of
paragraph
(a)
be
appoindtein
respect
of two
or
more
Electoral
Tribunals
established
in
terms
of
subsection
(1).
- functions
-
- (3)(a)
Any
person
appointed
in
terms
of
subsection
(2)
in
respect
of an
Electoral
Tribunal
shall,
before
commencing
with
his
or
her
- for
the
first
time,
take
an
oath
or
make
an
affirmation
subscribed
by him
or
her
in
the
form
set
out
below:
-
- I,
AB,
do
hereby
swear/solemnly
and
sincerely
affirm
that
whenever
I
am
called
upon
to
performthe
functions
of
presiding
officer
in
an
Electoral
Tribunal,
I
will
administer
justice
to
all
persons
alike,
without
fear,
favour
or
prejudice
and,
as
circumstances
of
a
particular
matter
may
require,
in accordance
with
the
law
and
customs
of
the
Republic of
South
Africa
applying
to
the
matter
concerned:
-
(In
the
case
of
an
oath) So
help
me
God.
- Act,
-
- (b)
Any
oath
or
affirmation
referrde
to
in
paragraph
(a)
shall
be taken
-
by
or
made
before
any
Commissioner
of
Oaths
or
Justice
of
the
Peace referred
to
in
the
Justices
of
the
Peace
and
Commissioners
of
Oaths
-
- 1963
(Act
No.
16
of
1963),
designated
fro
that
purpose
by
the
-
Secretary.".
- Substitution
of
section
29
of
Act
150
of
1993
-
- 7.
The
following
section
is
hereby
substituted
for
section
29
of
the principal
Act:
- "Powers,
duties
and
functions
of
Electoral
Tribunals
-
- 29.(1)
An
Electoral
Tribunal
hearin-g
-
- (a)
adjudicating
any
matter
failing
within
its
jurisdiction
referred
to
in
section
28(1),
shall
enquire
into
the
matter
in
the prescribed
manner,
consider
it
and
make
such
fniding
or
decision
(or give
such
order
as
in
its
opinion
is
fair
and
just;
- the
-
- (b)
finding
that
any
party
or
person
is
committing,
has
committed
or is
likely
to
commit
or
to
continue
to
commit
any
prescribed
electoral
irregularity
or
infringement
of
the
Electoral
Code
of
Conduct
or
is
contravening,
has
contravened
or
is
failing
to
comply,
has
failed
to comply
or
is
likely
to
fail
to
comply,
or
to
continue
to
comply,
with any
provisions
of
the
Elcetoral
Act,
may
make
such
order
or
impose
any such
penalty
or
sanction
as
may
be
prescribed
by
or
under
this
Act,
or, in
relation
to
any
infringement
of
the
Electoral
Code
of
Conduct,
by
-
Electoral
Act,
as
it
may
consider
apporpriate
in
the
circumstances.
(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
sucphenalty
-
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
by
this
Act
and
the
Electoral
Act.".
- Substitution
of
section
30
of
Act
150
of
1993
-
- 8.
The
following
section
is
hereby
substituted
for
section
30
of
the principal
Act:
-
- "Establishment
and
constitution
of
ElectoralpApeal
Tribunals
-
- 30.
(1)
The
Commission
shall,
subject
to
subsection
(2),
by regulation
establish
such
number
of
Electoral
Appeal
Tribunals
as
it may
consider
an
Electoral
Appeal
Tribunal
for
each
of
such
-
prescribed
geographic
areas
as
may
in
its
discretion
be
necessar-y
-
- (a)
to
hear
and
determine
appeals
and
to
review
decisions
of the
Electoral
Tribunals;
-
- (b)
to
adjudicate
and
decide
on
any
matter
concerning
any
infringement
of
the
Electoral
Code
of
Conduct.
-
- (2)
An
Electoral
Appeal
Tribunal
shall
consist
of
three
persons
appointed
by
the
Commission,
of
who-m
-
- (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
noteb
legally
qualified
or
experienced.
-
(3)
A judge
or
person
may
in
terms
of
subsection
(2)
be
appointed
in respect
of
two
or
more
Electoral
Appeal
Tribunals
established
in
terms of
subsection
(1).
- subsection
-
- (4)
(a)
Any
person
other
than
a
judge
appointed
in
terms
of
- (2)
in
respect
of
an
Electoral
Appeal
Tribunal
shall,
before
commencing
with
his
or
her
functions
for
the
first
time,
take
an
oath
or
make
an affirmation
subscribed
by
him
or
her
in
the
form
set
out
below:
-
I,
AB,
do
hereby
swear/solemnly
and
sincerely
affirm and
declare
that
whenever
I am
called
upon
to
perform
the
functions
of
a
member
of
an
Electoral
AppelaTribunal,
I -
will
administer
justice
to
all
persons
alike
without
fear, favour
or
prejudice
and,
as
circumstances
of
a
particular
matter
may
require,
in
accordance
with
the
law
and
customs of
the
Republic
of
South
Africa
applying
to
the
matter
concerned:
-
(In
the
case
of
an
oath) So
help
me
God.
-
(b)
Any
oath
or
affirmation
referred
to
in
paragarph
(a,)
shall
be
taken
by
or
made
before
the
judge
appointed
in
terms
of
paragraph
(a)
-
of
-
subsection
(2).
-
(5)
An
appeal
to
anv
Electoral
Appeal
Tribunal
or
to
the
Special
-
Electoral
Court
against
any
order
made
or
pnealty
or
sanction
imposed
-
by
-
an
Electoral
Tribunal
or
Electoral
Appeal
Tribunal,
as
the
case
may
be,
-
shall
not
have
the
effect
of
suspending
any
such
order,
penalty
or sanction,
unless
the
Electoral
Appeal
Tribunal
or
the
SpeciaEllectoral
Court,
as
the
case
may
be,
determines
otherwise
upon
an
application
after
notice
in
writing
to
all
other
parties
to
the
proceedings
made
to it
at
any
time
before
such
appeal
is
heard
or
a
final
judgment
has
been given
thereon.".
-
- Amendment
of
section
31
of
Act
150
of
1993
-
- for
-
- 9.
Section
31
of
the
principal
Act
is
hereby
amended
by
the
substitution
- subsection
(2)
of
the
following
subsection:
-
- duties
"(2)
An
Electoral
Appeal
Tribunal
shall
have
scuh
other
powers,
-
- and
functions
as
may
be
prescribed
by
this
Act
and
the
Electoral
-
Act.".
- Substitution
of
certain
expressions
in
Act
150
of
1993
-
- 10.
The
principal
Act
is
hereby
amended
by
the
substitution
for
the expressions
other
legislature"
and
"other
legislatures"
wherever
they
occur
of the
expressions
"provincial
legislature"
and
"provincial
legislatures",
respectively.
-
- Short
title
-
- 11.
This
Act
shall
be
called
the
Independent
Electoral
Commission
Ame-nd
ment
Act,
1993.
|
