EXPLANATORY MEMORANDUM
FIRST VERSION
DRAFT ELECTORAL BILL 28
SEPTEMBER 1993
1 . This Bill has been drafted to cover the
electoral arrangements for the first election, that is for the election of the
Constitutional
Assembly and other legislatures. Accordingly it has been drafted
so as to be in accordance with the provisions of the Independent
Electoral
Commission Act. Consequently many of the provisions of the draft Bill cannot be
implemented without the operation of an
Independent Electoral
Commission.
2. The definitions are contained in Chapter 1. As
presently drafted the definitions which are common to this Bill and the
Independent
Electoral Commission Act are incorporated by reference. Attention
should also be given to certain definitions, in particular "region",
which is
defined as any portion of the territory of the Republic determined by the
Delimitation Commission in terms of the Constitution.
3. Chapter
II covers the administration of the Bill; in particular provision is made for
the appointment of electoral officers and
staff, such appointments being made by
the Chief Director. Attention is drawn to Clause 4(4) which provides that in
the appointment
of staff an endeavour should be made to appoint a broad cross
section of the population including women. This provision is an attempt
to
ensure that appointments take account of the demography of the
country.
4. Clause 5 provides for the appointment of regional
electoral officers who shall assume responsibility for the administration and
conduct of the election in a region as defined and as such, will also become the
chief electoral officers for the other legislature
in the regions as
defined.
1
5. Clause 9 provides for the appointment of
counting officers. The Bill allows the Commission to decide where the counting
of votes
should take place. In other words it is not envisaged that the
automatic venue for the counting of votes will be at each voting
station, the
reason being that given intimidation or fear thereof, it might be considered
prudent to have fewer counting stations.
This would then obviate reprisals in
the event that a particular district or voting area produces a result different
from that expected
by one or other of the parties.
6. Chapter 111
deals with the question of franchise. Clause 12 provides that any person who is
eligible to vote in terms of the Constitution
and is the holder of an acceptable
identity document shall be entitled to vote. Clause 13 excludes certain
categories of persons
from voting. The major difference between this
provision and that contained in the present Electoral Act of 1979 is the absence
of criminality
as a bar from voting. In short, the Committee has adopted the
view that prisoners shall be entitled to vote. This view is based
upon the
premise that prisoners should only be denied the minimum of rights necessary for
their incarceration. As voting is not
so necessary it has been decided to
delete the bar to voting grounded on the principle of
criminality.
7. The Commission is empowered if it deems it
necessary to issue voter's cards which cards shall constitute adequate proof of
the
holder's entitlement to vote. In other words it is possible that the
Commission might deem it necessary to issue such cards if it
is of the view that
the present forms of identity documents have not been issued to a sufficient
number of people of the population
for whatsoever
reason.
8. Chapter IV deals with the registration of parties. No
party shall be entitled to contest the election unless it is registered
in
accordance with the Act. The provisions for the application for registration
are contained in Clause 16. Attention is drawn
to Clause 16(2)(c) in which the
application form shall include as a requirement a photograph of the leader of
the party. This provision
has been inserted because it might well be that the
Commission considers it necessary to have a photograph of the leader of each
party on the
2
ballot paper. There are members of the
Committee who consider this to be both an impractical and unsuitable suggestion
and guidance
is sought from the Council in this regard. The various time limits
prescribed in Clause 16 are shorter than those which were suggested
by the South
African government in its submissions to the Committee. The reason for reducing
the time limits relate to the possibility
of a second election as provided in
the draft Constitution. In terms thereof, the State President can proclaim an
election within
90 days of such proclamation. In order for such an election to
be administratively viable, the process of registration will have
to be
completed in the shortest possible time; hence the various dates contained in
Clause 16.
9. Chapter V sets out the provisions for the
announcement of the election and the submission of the lists of candidates. In
terms
of Clause 20 the Committee has left open the possibility that the election
take place over one or more voting days.
10. In terms of Clause
21 each party is required to provide a deposit of R50 000 in the event that it
contests the election for the
National Assembly and R20 000 for contesting
representation in each of any other legislature. The names of the list of
candidates
shall appear in the order which the party so determines. It should
also be noted that in terms of Clause 21(3) each list of candidates
shall be
accompanied by a declaration signed by an office bearer of the party that each
person appearing on the list has accepted
nomination as a candidate, is a
qualified person to serve as a member of the National Assembly or other
legislature and a copy of
the signed acceptance of such nomination by the
candidate and a declaration that he or she commits and subjects himself/herself
to
the Electoral Code of Conduct. In terms of Clause 21(7) the Committee has
provided that if a candidate's name appears on more than
one list the Chief
Director shall delete the name of the candidate from all the lists on
which such candidate's name appears. Guidance is sought from
the Council as to whether the Council favours this particular
approach.
3
Chapter VI concerns the preparation for
voting. In terms of Clause 22 the regional electoral officer shall determine
the number and
location of the voting stations in the region for which he or she
is responsible. In terms of Clause 22(2) no voting station shall
be located at
any premises ordinarily occupied by or under the control of defence or police
force or a non-governmental military
force as defined save where the Commission
declares otherwise. In terms of Clause 23(3) an area with a radius of not
greater than
500 meters around any voting station shall be deemed to be part of
the voting station although the district electoral officer is
empowered to
declare a lesser area for particular election purposes including for example the
perimeter within which persons who
are gathered prior to the closing of the
polls might vote.
12. Clause 24 empowers the Commission to
establish foreign voting
stations for those persons eligible to
vote who are temporarily outside the Republic.
13. Clause 28
provides for the nature of the ballot paper. Attention is drawn to the matters
which should be printed on such ballot
paper and guidance is sought from the
Council as to whether this is an appropriate list.
14. Chapter
VII deals with voting at voting stations. Clause 34(7) provides that a voter
can indicate the party for which he or she
desires to vote by placing a cross or
any other mark which denotes as clear choice for a particular
party.
15. Clause 35 makes provision for voters who cannot read
or who are incapacitated by blindness or other physical disability from
voting.
16. Clause 36 provides for any election voting agent to
object to any voter on the grounds listed in this section. In the event that
an
objection is lodged, a voter shall cast a tendered ballot vote in terms of the
provisions laid out in Clause 37.
17. Chapter VIII provides for
the determination of the result of the poll and the announcement of the result
of an election. Attention
is drawn to Clause 41 which deals with the counting
of votes. Clause
4
41(3) sets out the circumstances in
which the counting officer shall reject and not count any ballot paper. Clause
41(5) provides
that in the event that the counting officer accepts a ballot
paper against which an objection has been lodged he/she shall endorse
the word
"disputed" on the ballot paper and shall reflect such ballot paper on a form and
in a manner prescribed by the Commission.
Similarly provision is made for
ballot papers which are rejected against which an objection is lodged. Both the
disputed rejected
and disputed accepted ballot papers are kept separately. This
provision allows the Commission to deal with disputed ballot papers
at a later
stage.
18. In terms of Clause 43 the Commission is empowered to
determine whether the number of tendered ballot papers issued could have
a
material affect on the result of the election. In the event that the Commission
so decides, it is empowered to determine procedures
for the verification and
counting of such tendered ballot papers. The intention in short is to simplify
the system such that if
tendered ballot papers will have no material affect on
the outcome of the election whether for the National Assembly or any other
legislature such ballot papers can be ignored. In the event that they could
have a material affect on the outcome of the election
provisions are set out in
Clauses 44 and 45 for the verification and counting
thereof.
19. Attention is drawn to the note in the draft Bill as
to why the determination and number of candidates of registered parties to
be declared duly elected has not yet been
completed.
20. Chapter X deals essentially with ancillary matters
and offences. In addition, attention is drawn to the prohibition on publication
of opinion polls in terms of Clause 52 which provides that no person shall
during a period of three weeks prior to the first voting
day publish the results
of any opinion poll purporting to reflect the level of support enjoyed by
registered parties etc. The clause
does not prohibit the conducting of opinion
polls provided that they are not published nor does it prohibit the obtaining of
opinions
in the course of canvassing votes on behalf of registered parties
etc.
5
21. Clause 53 sets out a range of offences and
penalties. Essentially these represent the Committee's thinking as to the
electoral
offences which need to be criminalised. The Committee has, however,
not completed its arrangement of the principles contained in
Clause 53 and will
in its next draft ensure that the list of offences contained in Clause 53 are
broken up into more coherent themes.
22. Provision is made for an
Electoral Code of Conduct (see Clause 49). The Code of Conduct has not been
discussed in the Committee and is not included in this First Version of the
draft Electoral Bill.
6
FIRST VERSION
OF THE DRAFT
ELECTORAL BILL BY THE TECHNICAL CO TTEE ON THE ELECTORAL BILL 1
29 SEPTEMIBER . B I L L
To regulate elections for the National
Assembly and any other legislature to be elected in terms of the Constitution of
the Repubfic
of South Africa Act, 1993; and to provide for matters in connection
therewith.
BE IT ENACTED by the State President and the
Parliament of the Republic of South Africa, as
follows:-
ARRANGEMENT OF
SECTIONS
Section
CHAPTF,R
I Interpretation
1. Derinitions
CHAPTER
11 Administration
2. Application of Act
3. Administration
of Act
4. Appointment and control of electoral officers and
staff
5. Powers, duties and functions of regional electoral
ofricers
6. Powers, duties and functions of district electoral
ofricers
7. Powers, duties and functions of presiding officers at
voting stations
8. Powers, duties and functions of voting ofricers at
voting stations
9. Powers, duties and functions of counting
ofricers
10. Appointment and powers, duties and functions of agents of
registered parties
11. Declaration of
secrecy
First Version Electoral BW 28 September
1993
CHAPTER 111 Franchise
12. Persons entitled to
vote
13. Persons not entitled to vote
14. Voters'
cards
CHAPTERIV
Registration of
Parties
15. Registration for purposes of election 16. Application for
registration for purposes of election 17. Notice of registration in
Gazette 18. Perusal of documents
19. Objection against registration
and adjudication by Conunission
CHAPTER V Announcement of
Election and Submission of Lists of Candidates 20. Detennination of voting
day and hours of voting 21. Submission of lists of candidates to Chief
Director 22. Publication of lists of candidates CHAPTER V] Preparation
for Voting
23. Voting stations
24. Foreign voting
stations
25. Supplying of voting materials
First
Vmim Electond BW 28 Sept~r 1993
2
26. Voting
compartment
27. Ballot box
28. Ballot
paper
29. Commencement and closing of vote at voting
stations
CHAPTER VII
Voting at Voting Stations
30.
Place of voting
31. Number of votes per voter
32. Voting to be
in secret
33. Identirication
34. Manner of voting
35.
Voters who cannot read or who are incapacitated by blindness or other physical
disability from voting
36. Objection to
voting
37. Tendered ballot papers
38. Sealing of ballot boxes and
other election material by presiding officer
CHAPTER
VIII
Determination of Results of Poll
39. Notice of place and thne
of counting of votes 40. Verification of ballot paper count by counting
officer 41. Counting of votes 42. Alleged irregularities or inaccuracies,
and challenges of tally 43. Determination of materiality of tendered
ballot papers
First Vmim Elmtoral Bill 28 S
1993
44. Verirication of material tendered ballot papers
45.
Counting of tendered ballot papers
CHAPTERIX
Announcement of
Result of Election and Determination of Number of Candidates of Registered
Parties Duly Elected
46. Note
CHAPTER
X General provisions 47. Forfeiture of deposit paid by registered
party 48. Safe-keeping of election material 49. Electoral Code of
Conduct 50. Bills, placards, etc., to bear publisher's name 51.
Prohibition on publication of opinion polls 52. Offences and
penalties 53. Regulations 54. Repeal of laws and savings 55.
Short title and commencement
First Version Elwtoral BW 28
Sept=ber 1993
4
CHAPTER
I Interpretation
Definitions
1. In this Act any expression
defined in the Independent Electoral Commission Act, 1993, and used in this Act
shall have the meaning so defined, and unless the context otherwise indicates
-
??acceptable identity document" means a valid passport, an
identity document or a temporary identity certificate of the Republic or
a
voter's card; "ballot box" means any ballot box referred to in section
27; "ballot paper" means any ballot paper referred to in section
28; "Commission Act" means the Independent Electoral Commission Act,
1993; "counting ofricer" means any counting officer appointed in terms of
section 4(1)(b)(iii); licounting station" means any place determined by the
Chief Director in terms of section 39 where the counting of votes is to take
place; "district" means a portion of the territory of a region as determined
by the Commission; "district election agent" means any district
election agent
appointed in terms of section 10(1)(c); "district electoral officer" means
any district electoral officer appointed in terms of section
4(1)(b)(i); llelection agent" means any election agent appointed in terms of
section 10(1) or (3)(c); Vielection material" means any ballot papers,
counterfoils, envelopes, statements and other documentation used in connection
with the voting in an election; "electoral ofricer" means any deputy director
appointed in terms of section 20 of the Commission Act, any regional or district
electoral
officer or deputy, any counting officer or any voting
officer; "identirication mark" means the mark approved by the Commission for
the purpose of the identification of a voter who has voted in
the election in
terms of section 34(4); linon-governmental military force" means any defence
force or armed force, other than the
defence force of any government established
by or under any law and any policing agency of any government established by or
under
any law; qqofricial mark" means the mark determined by the Chief Director,
for the purpose of the identification of a ballot paper
having been officially
issued in terms of section 34(6)(a); liparty" means any party, organization, or
movement of a political nature;
"prescribe" means prescribe by regulation under
this Act or the Commission Act; "presiding officer" means any presiding officer
appointed
in terms of section 4(1)(b)(ii); "qualiried person" means any person
in terms of section 21 who is an eligible voter and is not serving
a current
term of imprisonment; lqregion" means any portion of the territory of the
Republic determined by the Delimitation Commission in terms of the
Constitution; firegional election agent" means any regional election agent
appointed in terms of section 10(1)(b);
First Versim Elmtoral
Bill 28 @tmber 1993
lyregional electoral ofricer" means any regional
electoral officer appointed in terms of
section 4(1)(a); "registered
party" means any party registered in terms of Chapter IV; Viregulations"
means the regulations made under section 54; "tendered ballot paper" means
any tendered ballot paper referred to in section 37; "this Act" includes the
regulations; "voter's card" means any voter's card issued in terms of section
14; qfvoting agent" means any voting agent appointed in terms of
section 10(5);
llvoting compartment" means any voting compartment referred to in section 26;
"voting day" means the voting day or
days fixed in terms of section 20(1);
"voting materials" means voting compartments, ballot boxes, ballot papers,
instruments, seals
and other requisites for the purposes of conducting an
election; "voting ofricer" means any voting officer appointed in terms of
section 4(1)(c); and @fvoting station" means any voting station referred to in
section 23.
CHAPTER 11 Administration
Application
of Act
2. The provisions of this Act shall apply in respect of elections
held in terms of the Constitution for the National Assembly or any other
legislature.
Administration of Act
3. The provisions of
this Act shall be administered by the Commission who in such administration
endeavour to create an environment
which generates confidence in the democratic
process and the secrecy of the ballot.
Appointment and control of
electoral ofricers and staff
4. (1) Subject to section 20 of the
Commission Act, the Chief Director shall, in respect of any election called
in terms of the Constitution appoint - (a) a regional electoral officer and
one or more deputies in respect of each region; (b) or authorize the
appointment by any regional electoral officer of - (i) a district electoral
officer and one or more deputies in respect of each district; (ii) a
presiding officer in respect of each voting station; (iii) one or more
counting officers in respect of each counting station; and (c) or authorize
the appointment by any regional or district electoral officer of one or more
voting officers in respect of each voting
station as he or she may consider
necessary for the effective administration of the election.
First
Version Elertoral Bill 28 Septe~ 1993
6
(2) Subject
to section 15 of the Commission Act, the Chief Director, any regional and
district electoral officer and any counting
officer may, if authorized thereto
by the Chief Director, appoint other staff as may be necessary for the effective
administration
of the election. (3) All electoral officers, and staff
appointed in terms of this section, shall be under the control and carry out the
instructions
of the Chief Director. (4) In the appointment of staff in terms
of this section an endeavour shall be made to appoint a broad cross section of
the population,
including women.
Powers, duties and functions of
regional electoral ofricers
5. (1) The regional electoral officer shall,
subject to the control of the Chief Director, assume responsibility for the
administration,
organization, supervision and conduct of the election in the
region in respect of which he or she was appointed. (2) The regional
electoral officer shall have such other powers, duties and functions as may be
prescribed.
Powers, duties and functions of district electoral
officers
6. (1) The district electoral officer shall, subject to the
control of the regional electoral officer, have such powers as may be
delegated
to him or her by the Chief Director under section 21(4) of the Commission Act in
respect of the administration, organization,
supervision and conduct of the
election in the district in respect of which he or she was appointed. (2) The
district electoral officer shall have such other powers, duties and functions as
may be prescribed.
Powers, duties and functions of presiding
off'icers at voting stations
7. (1) The presiding officer at a voting
station shall have power to - (a) take such steps as may be necessary for the
orderly conduct of the voting; (b) regulate the number of voters to be
admitted at a time; and (c) exclude all other persons except - (i) the
Chief Director and any electoral officer concerned; (ii) any voting agent
entitled in terms of section 10(5) to be present at a voting
station; (iii) any other person authorized by the Commission to be present as
a monitor or observer; and (iv) any such staff as the presiding officer may
allow. (2) The presiding officer may, if he or she deems it necessary for the
effective administration of the election, order any person,
subject to
subsection (1) and excluding any person recording his or her vote, to leave the
voting station. (3) The presiding officer shall take all reasonable steps for
the protection of persons and property, at the voting station, and for
preventing any violence or disturbance in or in the vicinity of the voting
station. (4) The powers conferred by this section shall not be so exercised
as to prevent any
First Venim El@toral Bill 28 @t=ber
1993
7
person who is entitled to vote, from having an
opportunity to record his or her vote. (5) The presiding officer shall have such
other
powers, duties and functions as may be prescribed.
Powers,
duties and functions of voting ofricers at voting stations
8. (1) Voting
officers at a voting station shall assist the presiding officer in the exercise
of the powers and the performance of
the duties and functions of the presiding
officer in terms of this Act and carry out his or her lawful
instructions. (2) The voting officer shall have such other powers, duties and
functions as may be prescribed.
Powers, duties and functions of
counting officers
9. (1) The counting officer shall, subject to the
control of the regional electoral officer, have such powers as may be delegated
to him or her by the Chief Director under section 21(4) of the Commission Act in
respect of the administration, organization and
conduct of the counting of the
votes in the area concerned. (2) The counting officer shall have such other
powers, duties and functions as may be prescribed.
Appointment
and powers, duties and functions of agents of registered parties
10. (1)
Upon registration in terms of section 16 the party concerned shall by written
notice to the Chief Director - (a) in respect of an election for the National
Assembly, appoint a chief election agent and a deputy and shall furnish the
names and
addresses of such election agents; (b) in respect of an election
for any other legislature in which it is participating, appoint a regional
election agent and a deputy
and furnish the names and addresses of such election
agents; and (c) in respect of both elections referred to in paragraphs (a)
and (b), when so required by the Commission, appoint a district election
agent
in respect of any district within 10 days after notification of such requirement
and furnish the name and address of such election
agent. (2) The chief
election agent or the regional election agent, as the case may be,
shall represent the registered party at all fora which the Commission, a
directorate or the regional electoral officer in its, his or her discretion
may constitute in respect of an election. (3) (a) A registered party which
has appointed an election agent may at any time revoke such
appointment. (b) When a registered party revokes an appointment in terms of
paragraph (a) or if any election agent resigns, becomes incapacitated
or dies,
the registered party shall forthwith inform the Chief Director or the regional
electoral officer concerned in writing of
such revocation, resignation,
incapacity or death. (c) A registered party shall as soon as practicable but
within five days fill any vacancy occurring in terms of paragraph (a) or (b)
by
appointing any other person as election agent and, shall forthwith notify the
Chief Director or the regional electoral officer
concerned
Fint
Venim El@toral Bill 28 Septernber 1993
in writing of the name and
address of the person so appointed: Provided that in the case of a chief
election agent, such appointment
shall be made within 48 hours of the vacancy
having occurred. (4) A record of all appointments and information noted in
terms of this section shall be kept as a matter of public record by the
Chief
Director and the regional electoral officer concerned for public scrutiny and a
copy of each such notice shall be submitted
to each presiding officer in the
district concerned. (5) A regional election agent shall appoint, in the
manner prescribed by the regional electoral officer, such number of voting
agents
as the regional electoral officer may stipulate for the purposes of
monitoring voting at a voting station and counting of votes. (6) No person
shall be appointed as election or voting agent unless he or she is a person
entitled to vote in terms of section 12.
Declaration of
secrecy
I 1. Before assuming or performing any of the duties or functions
assigned to him or her by or under this Act, every officer or agent
referred to
in this Chapter shall make a declaration of secrecy, under oath or affirmation,
in the prescribed form.
CHAPTER
111 Franchise
Persons entitled to vote
12. Any person who
- (a) is eligible to vote in terms of the Constitution; and (b) is the
holder of an acceptable identity document, shall, in accordance with and subject
to the provisions of this Act, be entitled
to vote at an
election.
Persons not entitled to vote
13. Notwithstanding
the provisions of section 12, no person shall be entitled to vote in an
election, if that person is - (a) subject to an order of court declaring him
or her to be of unsound mind or mentally disordered or affected; (b) detained
as a mentally ill patient under the Mental Health Act, 1973 (Act No. 18 of
1973), or any other applicable law, as the
case may be; (c) detained under
the Prevention and Treatment of Drug Dependency Act, 1992 (Act No. 20 of 1992),
or any other applicable law, as
the case may be.
First
Versim Elmtoral BW 28 Septeffiber 1993
9
Voters'
cards
14. (1) The Commission may, if in its discretion it is
deemed necessary issue voters' cards in the prescribed manner, which cards
shall constitute adequate proof of the holder's entitlement to vote. (2)
Entitlement for voters' cards shall be in accordance with the grounds of
eligibility to vote in terms of the Constitution.
CHAPTERIV
Registration of Parties Registration for purposes of election 15. No party
shall be entitled to contest an election unless such party is registered in
accordance with, and subject to, the provisions
of this
Chapter.
Application for registration for purposes of
election
16. (1) An application for the registration of a party shall be
submitted in the prescribed form to the Chief Director within 10 days
after the
proclamation in the Gazette of the election in terms of section 20. (2) The
application referred to in subsection (1) shall be accompanied by a registration
fee of R10 000. (3) The application form shall inter alia make provision for
the following: (a) The name of the party, consisting of not more than 60
letters, which in terms of the provisions of section 28 is required to appear
on
the ballot paper; (b) the distinguishing mark or symbol and designated
colours of the party; (c) a photograph of the leader of the party; (d) the
abbreviation, if any, of the name of the party, consisting of not more than 8
letters; (e) the business address of the party; (f) the constitution of
the party; and (g) the names, addresses and telephonic or other means of
contact of the chief election agent and the regional election agents of
the
party and their respective deputies. (4) No party shall be registered unless
a declaration in the form prescribed by the Chief Director has been signed on
behalf of such
party by the duly authorized representative of the party in terms
of which the party commits and subjects itself, its office bearers,
party
officials and listed candidates to the Electoral Code of Conduct. (5) The
Commission shall, after the period prescribed in subsection (1) cause to be
published in the Gazette a complete list of applications
for registration in
which objections are invited by interested parties. (6) (a) The Commission
may disallow a proposed name, abbreviated name, distinguishing mark, symbol or
colours of a party in the event
that it - (i) contains a portrayal of any
arms, ammunition, uniform or other object normally used in or associated with
military operations,
whether in time of war or peace;
(ii) resembles the proposed name, abbreviated name, distinguishing mark,
symbol or colours, as the case may be, of any other party
to such extent that in
the opinion of the Commission, it may deceive or confuse; or
(iii) contains anything which portrays the propagation of or incitement to
violence or which might cause serious offence to any section
of the population
on the grounds of race, sex, ethnic origin, colour, sexual orientation, age,
disability, religion, conscience,
creed, culture or language. (b) If the
Commission is of the opinion that the name, abbreviated name, distinguishing
mark, symbol or colours referred to in subsection
(3) of a party corresponds
with, or substantially resembles, the name, abbreviated name, distinguishing
mark, symbol or colours,
as the case may be, of another party, it -
(i) shall take into account the fact that the party which is associated with
the name, the distinguishing mark or symbol, colours
or abbreviated name, as the
case may be, for the longest time, should prima facie be entitled
thereto;
(ii) may, for the purposes of subparagraph (i) -
(aa) grant the party concerned an opportunity to deliver such proof,
including oral evidence or sworn statements by any person which
in the opinion
of the Commission, could be of assistance in the expeditious determination of
the matter; and
(bb) administer an oath or affirmation to any person appearing to testify
before it.
(7) (a) The Chief Director shall refer each application submitted to h'lm or
her to the Commission so that it may determine within seven days of the
receipt by it of the application, whether the application complies
with the
provisions of this section, and if it finds that any application does not so
comply, it shall return the application and
party's deposit forthwith to the
party with a written indication of the reasons for its finding.
(b) Upon receipt of the reasons for the Commission's finding in terms of
paragraph (a) a party shall have three days in which to rectify and resubmit
the application.
(c) The Commission shall determine whether the rectified application
complies with the provisions of this section and it shall inake its
determination within three days of receipt of the rectified
application. (8) If the Commission is of the opinion, taking into account any
objections received, that the application of a party submitted complies
with the
provisions of this section, it shall register that party and issue to it a
registration certificate in the prescribed form. (9) The Commission shall at
the request of any authorized person who is investigating an alleged offence or
any other matter in terms
of this Act or the Commission Act, furnish such person
with a certified copy of any registration certificate or written confirmation
of
the registration referred to in subsection (8), which shall for all purposes
serve as prima facie proof of such registration.
Notice
of registration in Gazette
- The
Chief Director shall publish in the first available Gazette following the date
upon
which a party is registered, a notice containing -
(a) the full name and business address of that party; and
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I I
(b) the address at which a copy of the original application and supporting
documents shall be available for public inspection and
lodging of written
objections, if any, in terms of section 19.
Perusal of
documents
18. (1) A copy of each document submitted to the Chief
Director for the purposes of the registration of a party shall be kept at the
address referred to in section 17(b) for perusal by the public, and anyone who
desires to inspect such a document, may do so free
of charge during office
hours. (2) The Chief Director shall, upon payment of the prescribed fees,
provide a copy of any document referred to in subsection (1) to
any person
applying therefor.
Objection against registration and
adjudication by Commission
19 . (1) Any objection against the
registration of a party, together with the reasons therefor, shall be lodged in
writing with the
Chief Director within five days after the date of the
publishing of the notice referred to in section 17. (2) The Commission shall
examine and consider such objection and may confirm or set aside the
registration of the party concerned. (3) In the event of the registration of
the party being set aside by the Commission under subsection (2) the party shall
forthwith
-
(a) be notified in writing of the decision; and
(b) be afforded a period of three days to rectify and resubmit its
application to the satisfaction of the Commission. (4) The application
rectified and resubmitted in terms of subsection (3) shall be the final
application for registration of the party.
CHAPTER V
Announcement of Election and Sul)mission of Lists of
Candidates
Determination of voting day and hours of
voting
20. (1) The State President shall, upon the advice of the
Transitional Council, by proclamation in the Gazette determine the voting
day or
days of an election as well as the hours during which the voting shall take
place. (2) Any election shall, for the purposes of this Act and any other
law, be deemed to have commenced on the day on which such proclamation
is
published in the Gazette.
Submission of lists of
candidates to Chief Dij-ector
21. (1) A registered party may
participate in the election for seats in the National Assembly and any other
legislature by submitting,
on the prescribed form, to the Chief Director, the
required lists of candidates for the National Assembly and each of the other
legislatures
in which such party wishes to be represented, within 21 days after
the date of
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publication of the proclamation
referred to in section 20(1), together with a deposit of R50 000,00 for
representation in the National
Assembly and R20 000,00 each for representation
in any other legislature. (2) The names on such list of candidates shall
appear in such order as the party may determine with a view to the allocation of
representatives
in that order in terms of the Constitution, subject to the
provisions of section 22(1)(b). (3) Each list of candidates shall be
accompanied by a declaration signed by the duly authorized office bearer of the
registered party
that each person whose name appears on the list has accepted
his or her nomination as a candidate of the registered party submitting
that
list and that he or she, in terms of the Constitution, is a qualified person to
serve as a member of the National Assembly or
other legislature, together with a
copy of the signed acceptance of such nomination by the candidate and a
declaration that he or
she commits and subjects himself or herself to the
Electoral Code of Conduct. (4) No documents shall be received as aforesaid
after 16:30 on the last day of the twenty one day period referred to in
subsection
(1).
(5) For the purposes of election to the National Assembly such lists shall
not contain
more names of candidates than the total number of seats available for
election for the
National Assembly.
(6) For the purposes of election to any other legislature a list shall not
contain more names of candidates than the total number of seats available for
election to such legislature and a further 10 names.
(7) If a candidate's name appears on more than one list referred to in this
section in
respect of which he or she has signed an acceptance of nomination, the Chief
Director shall
delete the name of the candidate from all the lists on which such candidate's
name appears.
(8) The registration of any party in terms of section 16 shall lapse
automatically if such party fails to submit a list of candidates in terms of
the provisions of this section.
Publication of lists of
candidates
22. (1) The Chief Director shall within five days after
the provisions of section 21 have been complied with publish a notice in the
Gazette in respect of the National Assembly and each of the other
legislatures setting out -
(a) in alphabetical order the names of all the registered parties; and
(b) each list of candidates of each such registered party in the order of
their nomination, compiled by the registered party in terms
of section
21; and declaring that the persons whose names appear on the lists have been
nominated as the candidates of the party concerned for the
election and that
such candidates have accepted their nominations of candidature. (2) If any
person whose name appears on a list of candidates in the notice published in
terms of subsection (1)(b) is disqualified
or incapacitated, withdraws his or
her candidature or dies before voting day, the Chief Director shall amend such
notice by a further
notice in the Gazette by deletion from that list of the name
of such person, and by the addition at any place on the list of the
name of a
qualified person who has been nominated in writing by the registered party
concerned and who has accepted his or her nomination
in terms of section 21(3):
Provided that the Chief Director receives such nomination by the registered
party concerned not later
than 72 hours before voting day,
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13
(3) A
person whose name has in terms of a notice under subsection (2) been deleted
from the list of candidates of a registered party
shall cease to be eligible as
a candidate for the election. (4) Any reference in this Act to a notice
published in terms of subsection (1)(b) shall, in relation to such a notice
which has been
amended under subsection (2) be construed as a reference to such
notice as so amended.
CHAPTER VI Preparation for Voting
Voting stations
23. (1) Each regional electoral officer
shall under the authority of the Chief Director determine the number and
locations of voting
stations in the region concerned. (2) No voting station
shall be located at any premises ordinarily occupied by or under the control of
any defence or police force
or of a non-governmental military force, save where
the Commission in its discretion, considers such premises to be a necessary
location
for the purposes of conducting a free and fair election. (3) An area
within a radius of not greater than 500 metres around any voting station shall
be deemed to be part of the voting station,
unless in the opinion of the
district electoral officer practical circumstances necessitate a lesser area for
a particular election
purpose. (4) The Chief Director shall, at least 45 days
before voting day, publish in the Gazette a list of the locations of all voting
stations
determined in terms of subsection (1). (5) The district electoral
officer, acting on the authorization of the regional electoral officer, may
provide one or more mobile
voting stations in any district for the purpose
of
taking a poll. (6) A mobile voting station shall be under the
general control of the district electoral officer and shall, for the purposes of
this
Act, be deemed to be a voting station in that district. (7) The district
electoral officer may, as he or she may consider necessary and practicable, make
known the locations and estimated
times at which a mobile voting station shall
function during voting day.
(8) The presiding officer of a mobile voting station, any other electoral
officer and
any voting or election agent may enter upon any land or building with such
mobile voting
station for the purpose of voting.
Foreign voting
stations
24. (1) The Commission may at its discretion establish one
or more voting stations outside the Republic (hereinafter referred to as
"foreign voting stations") as it may deem appropriate in order to facilitate
voting by persons eligible to vote, who are temporarily
outside the
Republic.
(2) In relation to any foreign voting station the Commission shall, by
regulation,
determine -
(a) the categories of eligible voters who shall be permitted to record
their
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14
votes at a foreign voting station;
(b) the manner in which, and the procedures regulating the implementation of
the provisions of this Act, including the counting of
votes, at any foreign
voting station. (3) Any person who exercises a right to vote at any foreign
voting station, shall be required to make a sworn declaration or affirmation
at
the time of voting as to the region within which such person is ordinarily
resident, which shall be the region within which his
or her vote shall be
counted in the election.
Supplying of voting
materials
25. (1) The Chief Director shall supply such voting
materials to a regional electoral officer as may be necessary for the proper
conduct
of the election in the region concerned. (2) Each district electoral
officer shall be responsible for obtaining voting materials
from the regional
electoral officer, and supplying to the presiding officers for the voting
stations in his or her district, a sufficient
quantity of such materials to
ensure the proper conduct of the election.
Voting
compartment
26. The Chief Director shall determine the nature and
style of the voting compartments which he or she deems suitable for the
proper conduct of the election.
Ballot box
27. (1)
Not more than one hour before the commencement of the voting on the first voting
day at a voting station, the presiding officer
shall -
(a) satisfy himself or herself that all ballot boxes to be used on that day
at such voting station are empty;
(b) permit the inspection of all such empty ballot boxes by voting agents and
international observers; and
(c) immediately thereafter close and seal all such ballot boxes in accordance
with the instructions issued by the Chief Director. (2) If any additional
ballot box is used at any voting station, such additional ballot box shall be
made available for inspection,
closed and sealed mutatis mutandis in
accordance with the provisions of subsection (1), before being made available
for the depositing of ballot papers.
. (3) The presiding officer
at a voting station shall in the presence of the voting agents at the closing of
the poll on each voting
day, close and seal the openings of the ballot boxes in
accordance with instructions issued by the Chief Director. (4) A ballot box
closed and sealed as aforesaid may not be opened, and the seal shall not be
broken, except under the circumstances
contemplated in section
40. (5) The provisions of subsection (1) shall apply mutatis
mutandis at the commencement of each other voting
day.
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(6) A presiding officer shall be
responsible for the safe-keeping of all ballot boxes used at the voting station
concerned until they
are delivered to the district electoral officer and any
person provided for in terms of section 38(1). (7) For the purposes of this
section "seal" means the seal of the presiding officer and any voting agent
entitled to be in the voting
station who wishes to attach his or her seal to the
ballot box.
Ballot paper
28. (1) Every ballot paper
shall be in the prescribed form, and there shall be printed on every ballot
paper in the manner prescribed
the names of all the registered parties
participating in the election and the distinguishing mark or symbol, the
abbreviated name,
and if deemed appropriate by the Commission the colours and a
photograph of the leader of such party: Provided that the ballot paper
shall be
prefolded in such a manner that the official mark appears on the outside of the
ballot paper and the cross or mark referred
to in section 34(7)(b) or writing
referred to in section 41(4) or 45(2) appears on the inside of such ballot
paper. (2) The order of the parties as they appear on the ballot paper shall
be determined by lot in the prescribed manner. (3) The ballot paper shall be
in such languages as the Commission in its discretion, shall
determine.
Commencement and closing of vote at voting
stations
29. The vote shall commence and close on the hours
determined in terms of section 20(1) in respect of each voting day: Provided
that
the presiding officer shall permit every voter who at the closing hour is
inside that area of the voting station determined for this
purpose by the
presiding officer, to record his or her vote.
CHAPTER VII Voting at Votiiig Stations
Place of voting
30. Subject to the provisions of
sections 24 and 53(1)(a), a voter shall be entitled to vote at any voting
station and for the purposes
of an election for any other legislature such vote
shall be counted where it has been recorded.
Number of votes
per voter
31. A voter shall be entitled to record one vote in the
election for the National Assembly and one vote in the election for any one
other legislature.
First Venim Elec@ Bin 28 Septm~
1993
16
Voting to be in secret
32. A voter
shall record his or her vote in secret, and no person may in any
way interfere with a voter in connection with the recording of his or her
vote.
Identification
33. No voter shall be
permitted to vote unless he or she has presented to the presiding or voting
officer an acceptable identity document.
Manner of
voting
34. (1) The voting at any voting station shall be conducted in
accordance with the provisions in this Chapter.
(2) The presiding or voting officer shall ascertain -
(a) by examining the acceptable identity document that the voter is the
person described therein; and
(b) in the manner prescribed in subsection (3) and subject to the provisions
of paragraph
(c) of that subsection, that the voter has not already voted at the
election.
(3) (a) Unless a voter satisfies a presiding officer that he or she bears
an
identification mark, he or she shall not be given a ballot paper.
(b) Each voting agent shall have a right to examine the identification mark
of
a voter. (c) The provisions of paragraph (b) of subsection (2) and of
paragraph (b) of this subsection and of subsection (4) shall not apply in the
case of a voter who suffers from a physical defect which, in the opinion
of the
presiding officer, makes the application of the said provisions impractical, in
respect of whom the Commission shall promulgate
regulations prescribing
alternative arrangements. (4) Where the provisions of subsection (3)(a) have
been complied with the voter shall in the presence and in accordance with the
instructions
of the presiding officer or a voting officer be marked by means of
an identification mark. (5) If a voter refuses to have the identification
mark administered to him or her, he or she shall not be issued with a ballot
paper
and shall be ordered by the presiding officer to leave the voting station
forthwith. (6) When the voter has complied with the provisions of subsection
(4), the presiding officer or a voting officer shall -
(a) tear out a ballot paper from the ballot paper book and mark that ballot
paper on the back with the official mark; and
(b) hand that ballot paper to the voter.
(7) When the voter has received the ballot paper, he or she shall -
(a) take it to the voting compartment;
(b) indicate the party for which he or she desires to vote by placing a cross
or any other mark which denotes a clear choice for a
particular party;
(c) display the ballot paper at the ballot box in such manner that the
presiding officer or a voting officer designated by him or
her may recognize the
official mark; and (d) place the ballot paper in the ballot
box.
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(8) In the event that a voter -
(a) spoils any ballot paper inadvertently; or (b) records a vote by
mistake for a party which is not of his or her choice, he or she shall return it
to the presiding officer, who
shall, if he or she is satisfied that the
circumstances described in paragraph (a) or (b) have occurred, provide the voter
with another
ballot paper and cancel the spoilt ballot paper which shall be kept
separately.
Voters who cannot read or who are incapacitated hy
blindness or other physical disability from voting
35. (1) At
the request in person by a voter who is incapacitated by blindness or other
physical disability from voting in the manner
prescribed by the other provisions
of this Act, the presiding officer may permit such voter to vote with the
assistance of a voting
officer, or, if the presiding officer considers it
appropriate, of any person chosen by the voter, and upon such permission being
granted, anything to be done in terms of this Act by the voter in connection
with his or her vote, may be done with the assistance
of such voting
officer or person. (2) At the request in person by a voter who cannot read
or who is incapacitated by blindness or other physical disability from voting
in
the manner prescribed by the other provisions of this Act, the presiding officer
or a voting officer shall immediately, in the
presence of at least two agents of
different registered parties, mark the vote of that voter on the ballot paper as
requested by
the voter, and place the ballot paper in the ballot box. (3) The
secrecy of the voting as contemplated in section 32 shall mutatis
mutandis be preserved in the application of the provisions of this
section.
Objection to voting
36. (1) Any election
or voting agent present at a voting station may object to any voter on any of
the following grounds:
(a) That the voter is not the person described in the acceptable identity
document which he or she has submitted;
(b) that the voter has already voted in the election; or
(c) that the voter is not entitled to vote. (2) Upon an objection having
been lodged in terms of subsection (1) the presiding officer shall deal with the
objection in terms of
section 37.
Tendered ballot
papers
- (1)
In the event that a person claims to be entitled to vote but
-
(a) cannot produce an acceptable identity document; or
(b) if the presiding officer is satisfied that there are prima facie
grounds for an objection in terms of section 36, the presiding officer shall
require the voter to record a tendered ballot. (2) The presiding officer
shall not permit a tendered ballot to be recorded if the person does not
challenge the objection lodged in terms of section 36.
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(3) The presiding or voting officer shall record on the prescribed form the
voter's
particulars and the voter shall place his or her signature or prescribed mark
thereon.
(4) The ballot paper (hereinafter referred to as a "tendered ballot paper")
shall be sealed in a plain envelope by the voter. (5) The plain envelope
referred to in subsection (4) shall be placed in an envelope marked "tendered
ballot paper envelope" by the
presiding officer (hereinafter referred to as the
"tendered ballot paper envelope") on which the presiding or voting officer shall
write the particulars of the voting station.
(6) The presiding or voting officer shall -
(a) place the tendered ballot paper in a tendered ballot paper envelope;
(b) seal the envelope; and (c) keep separate the tendered ballot paper
envelopes and retain them in safe custody.
Sealing of ballot
boxes and other election material by presiding officer
38. (1)
Immediately after the close of the poll on each voting day, the presiding
officer shall, in the presence of such election
or voting agents as may be in
attendance, make up into separate packets, sealed with his own seal and the seal
of any voting agent
who wishes to attach his or her seal to it -
(a) each ballot box entrusted to him or her, unopened;
(b) the unused ballot papers;
(c) the tendered ballot paper envelopes;
(d) the spoilt ballot papers; and (e) the counterfoils of used and spoilt
ballot papers, and shall in accordance with the instructions of the Commission
mark each sealed
packet and deliver the sealed packets to the district electoral
officer for the district concerned without delay, or cause them to
be so
delivered, in accordance with the instructions of the regional electoral
officer. (2) The packets shall be accompanied by a statement in a form
prescribed by the Chief Director in which the presiding officer accounts
for
-
(a) the number of ballot papers and tendered ballot papers entrusted to him
or her;
(b) the number of ballot papers and tendered ballot papers issued; and
(c) the number of ballot papers and tendered ballot papers not
issued. (3) The district electoral officer shall seal all the packets
received from the presiding officers concerned with his or her own
seal. (4) The district electoral officer shall furnish to the regional
electoral officer a statement in the prescribed form in accordance
with the
instructions of the Commission in which he or she accounts for the number of
ballot papers and tendered ballot papers entrusted
to him or her. (5) The
district electoral officer shall ensure the safe-keeping of all the packets
referred to in this section received by him or
her in accordance with the
instructions of the Commission.
CHAPTER VIII
Determination of Results of Poll
Notice of place and thne of
counting of votes
39. The Chief Director shall, upon the advice of
the Commission, inform each party of the place where (including the places in
all
the regions) and the day and time upon which the counting of votes is to be
commenced.
Verirication of ballot paper count by counting
ofricer
40. (1) After the provisions of section 38 have been complied
with, the counting officer in the presence of the district electoral
officer
concerned shall examine whether the seals of the packets referred to in section
38 are intact and give the district electoral
officer concerned and any agents
of registered parties who are present an opportunity to do the same, and shall
thereafter open all
the packets. (2) The counting officer shall separately
verify each presiding officer's ballot paper account referred to in section
38(2) by comparing
it with the contents of the packets received from a voting
station concerned, and shall for that purpose open all the ballot boxes
from
that voting station and cause the ballot papers contained in them to be
counted. (3) If there appears to be any irregularity in respect of the seals
or any discrepancy in the verification of the ballot paper account
referred to
in subsection (2), the Chief Director shall be informed immediately in the
prescribed manner, and the counting officer
shall deal with the matter in
accordance with the instructions of the Chief
Director.
Counting of votes
41. (1) After the
provisions of sections 38 and 40 have been complied with, the counting officer
shall cause -
(a) the ballot papers, excluding the tendered ballot papers, to be sorted
with regard to the provisions of subsections (3) and (4)
on the basis of the
registered parties in respect of individual votes recorded; and
(b) the votes recorded to be counted in respect of each registered
party. (2) The counting officer shall, as soon as practicable, after all the
votes in respect of the voting stations in the region have been
counted and the
number of votes recorded for each registered party have been determined in the
region concerned, inform the Chief
Director in the prescribed manner of the
number of votes so determined to have been recorded in that region for each
registered party.
(3) The counting officer shall reject and not count any ballot paper -
(a) which records votes for more than one registered party;
(b) in respect of which he or she has reasonable grounds to believe that it
has not been officially issued to a voter in terms of
section 34;
(c) which is unmarked or on which it is impossible to determine with
certainty for which registered party the ballot is recorded;
or
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20
(d) which contains a mark or statement made by the voter which tends to
identify the voter. (4) The counting officer shall not reject and shall cause
to be counted any ballot paper on which there is a mark or writing by means
of
which a voter has clearly indicated his or her choice otherwise than by a cross
on the ballot paper concerned. (5) In the event that the acceptance or
rejection of a ballot paper by the counting officer, as the case may be, is
disputed by any
voting agent, the counting officer shall endorse thereon the
word "disputed" and shall reflect such ballot paper on a form and in
a manner
prescribed, and shall keep separately the accepted and rejected ballot papers
disputed. (6) The counting officer shall endorse
the word "rejected" on any
ballot paper rejected in terms of subsection (3). (7) When the counting
officer has complied with the provisions of this section he or she shall, as
soon as practicable, enclose in
separate packets -
(a) all counted ballot papers;
(b) all rejected ballot papers;
(c) all disputed rejected ballot papers;
(d) all disputed accepted ballot papers;
(e) all unused or spoilt ballot papers with their counterfoils; and
(0 all tendered ballot papers, and shall seal such packets and cause them
to be delivered to the Chief Director. (8) On receipt of the packets referred
to in subsection (7) the Chief Director shall take charge of them, examine
whether the seals
are intact and give any agents of registered parties who are
present an opportunity to do the same.
Alleged irregularities
or inaccuracies, and challenges of tally
42. (1) Before the
determination of the result at any counting station a voting agent shall have
the right to bring to the attention
of the counting officer any alleged
irregularity or inaccuracy and the counting officer shall record such allegation
in the prescribed
manner, determine such measures as he or she may consider
necessary in order to deal therewith, and report such allegation and
determination
to the Commission. (2) Upon completion of the counting process
the counting officer shall forthwith advise the voting agents of the tally
whereupon any
such agent shall have the right to challenge the tally
determined.
(3) If no such challenge is made, the tally shall be deemed to be accepted by
all
registered parties concerned and shall not be subject to appeal.
(4) If such a challenge is duly made the registered party concerned shall
state in writing the grounds for such appeal, and the counting officer shall
make a determination as to whether a recount is to be ordered. (5) Upon
refusal by the counting officer of an application for a recount, any registered
party shall be entitled to lodge an appeal
to the Commission, which shall make
such order thereon as it may consider appropriate, which order shall be
final.
21
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Determination of materiality of tendered ballot
papers
43. (1) The counting officer shall submit to the Commission a
statement of the number of tendered ballot papers issued. (2) The Commission
shall determine whether the number of tendered ballot papers issued could have a
material effect on the result
of the election. (3) If the Commission
determines that such tendered ballot papers issued could have a material effect
on the election for the National
Assembly or any other legislature, it shall
determine such procedures for the verification and counting of such of the
tendered ballot
papers as it may consider material to the election for the
National Assembly or other legislature, as the case may
be.
Verification of material tendered ballot
papers
44. (1) Upon instructions by the Commission the counting
officer shall open the packets of tendered ballot papers which the Commission
determined to be material in terms of section 43. (2) The counting officer
shall determine the admissibility of a tendered ballot paper in accordance with
the procedures determined
by the Commission. (3) After verifying the
admissibility of each material tendered ballot paper in terms of subsection (2),
the counting officer shall
remove from the tendered ballot paper envelopes the
sealed unmarked envelopes containing admissible tendered ballot papers and place
them in the ballot box.
Counting of tendered ballot
papers
45. (1) After the provisions of sections 43 and 44 have been
complied with in respect of all tendered ballots recorded, the counting
officer
shall -
(a) remove from the sealed ballot boxes all envelopes containing tendered
ballot papers not rejected in terms of section 44 which
were recorded by
voters;
(b) open each such envelope and take out the ballot paper contained
therein;
(c) remove and destroy all the envelopes so opened;
(d) sort the ballot papers with regard to the provisions of section 40(3) on
the basis of the registered parties in respect of which
the votes are
recorded;
(e) count the votes recorded in respect of each registered party; and
(f) determine on the basis of that count the number of votes recorded in
respect of each registered party in each region. (2) The counting officer
shall not reject, but shall count, any ballot paper on which there is a mark or
writing by means of which
a voter has clearly indicated his or her choice
otherwise than by a cross on the ballot paper concerned. (3) The procedures
in respect of the counting of tendered ballot papers and any appeal in respect
thereof shall be mutatis mutandis
as provided in sections 41 and
42.
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22
CHAPTER IX
Announcement of Result of Election and Determination of
Number of Candidates of Registered Parties Duly Elected
46. Note: The Electoral Act must provide for a particular formula
in terms of which the Commission can announce the duly elected candidates.
At
present there is a suggested formula provided for in the Constitution Bill
(Schedule 5 thereof) but as this has not yet been
settled this Chapter of the
Act has not been drafted pending greater certainty in respect of the system of
proportional representation
to be provided in the Constitution. The
procedures for regional elections to be conducted on the same day will likewise
be inserted upon determination of the formula
provided in the Constitution
Bill.
CHAPTER X General Provisions Forfeiture of
deposit paid by registered party 47. The deposit paid in terms of section
21(1) shall be forfeited to the State by any registered party if it was
unsuccessful in obtaining
sufficient support for the allocation of at least one
representative, in either the National Assembly, or any other legislature in
respect of which it submitted a list of candidates in terms of the said
section.
Safe-keeping of election material
48. The
Chief Director shall be responsible for the safe-keeping of all election
material referred to in sections 38 and 41 and shall
retain those packets until
such time as the Commission orders their destruction or other
disposal.
Electoral Code of Conduct
49. The
Electoral Tribunals and the Electoral Appeal Tribunals established by the
Commission in terms of the Commission Act, shall
be responsible for the
enforcement of the Electoral Code of Conduct and the imposition of such
penalties and sanctions as they may
deem appropriate in respect of infringements
thereof, as are provided for therein.
Bills, placards, etc.,
to bear publisher's name
50. (1) Every bill, placard, poster,
pamphlet, circular or other printed matter having reference to an election shall
bear upon the
face thereof the name and address of the printer
and
publisher thereof. (2) No person shall print, publish or post or cause to be
printed published or posted any such printed matter which fails to bear
upon the
face thereof, the name and address of the printer and
publisher.
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23
(3) The proprietor and publisher
of every newspaper shall cause the word "advertisement" to be printed as a
headline to each article
or paragraph in his or her newspaper, which originated
from a registered party or its agents or supporters, the insertion of which
is,
or is to be, paid for, or for which any reward or compensation, or promise of
reward or compensation is to be made. (4) The articles or paragraphs referred
to in subsection (3) shall include all such text as may prima facie
appear to be intended or calculated to affect the result of an election, and
shall include any paid advertisement or report of the
speech of a listed
candidate, if the insertion thereof is, or is to be, paid for. (5) Every
report, letter, article, bill, placard, poster, pamphlet, circular, cartoon or
other printed matter (hereinafter in this
subsection called a "newspaper
article") which, on the face of it, is intended or calculated to affect the
result of an election,
is inserted in any newspaper or otherwise produced and is
published in the Republic on or after the date of commencement of an election,
shall bear at the foot thereof the full name and address of that person by whom
such newspaper article was written or produced: Provided
that -
(a) any such newspaper article which is inserted in any newspaper as
aforesaid and which has been altered materially by the editor
of such newspaper,
may also be signed by the editor;
(b) in the case of a report of a public meeting which is written jointly by
two or more persons, it shall be sufficient for the purposes
of this subsection
if the report as a whole bears the full names and addresses of the persons by
whom it was written; and
(c) in the case of headlines to any newspaper article which is inserted in
any newspaper as aforesaid, and bills, placards or posters
having reference
thereto, and which are issued in the ordinary practice of a newspaper, it shall
be sufficient for the purposes of
this subsection if the full names and
addresses of the persons by whom such headlines, bills, placards or posters were
written, and
a statement that such headlines, bills, placards or posters were
written by such persons, are published in the issue of the newspaper
in which
such newspaper article is inserted. (6) Subject to the provisions of
paragraph (c) of the proviso to subsection (5), no person shall print or publish
any newspaper or
other printed matter in which is inserted or produced any
newspaper article which fails to comply with the provisions of subsection
(5).
Prohibition on publication of opinion
polls
51. (1) No person shall, during a period of three weeks prior
to the first voting day, publish the results of any opinion poll purporting
to
reflect the level of support enjoyed by registered parties, listed candidates,
or the policies they advocate, until after the
election results have been
certified by the Commission iii terms of the Commission Act. (2) The
provisions of subsection (1) shall not prohibit the conduct of opinion polls, or
the obtaining of opinions in the course of
canvassing for votes on behalf of
registered parties, or candidates, or the publishing of the results so obtained
after the election
results have been certified by the Commission in terms of the
Commission Act.
First Version Electoral BW 28 September
1993
24
Offences and penalties
- (1)
Any person who in the course of any election -
(a) directly or
indirectly, uses or procures the use of, or attempts or threatens to use procure
the use of, any force, violence,
sexual harassment, or psychological pressur or
inflicts or causes to be inflicted or threatens any injury, damage, loss
disadvantage,
to or upon any other person or property -
(i) with intent thereby, to induce or influence any person, to vote or
refrain fro voting, either at all, or for any particular registered
party, or in
any oth manner; or
(ii) on account of such other person having voted, attempted to vote or havi
refrained from voting as aforesaid;
(b) votes, or attempts to vote, or induces, influences or procures, or
attempts to induc influence or procure any other person to
vote in any election,
in the knowledge th such person, or such other person, is not eligible to vote
in that election;
(c) directly or indirectly -
(i) impedes or prevents, or attempts or threatens to impede or prevent, the
fre and voluntary exercise of a vote by any voter;
(ii) commits or attempts to commit any act which is calculated or intended t
defeat the free choice of any voter in any election;
(iii) knowingly makes or publishes any false statement of fact in
relation to
registered party, or the personal character or conduct of a candidate; or
(iv) impedes or prevents, or attempts or threatens to impede or prevent, the
righ of representatives of any registered party to gain
access to voters an
particular areas for the purpose of conducting political canvassing and fo
soliciting membership and support;
(v) in any unlawful manner, influences or attempts to influence the result of
an election;
(d) directly or indirectly -
(i) receives or contracts for any money, benefit, loan, consideration or othe
advantage, for himself or herself or for any other person
in order that he or
she or such other person votes or agrees to vote, or refrains or agrees t
refrain from voting, either at all
or for any particular registered party or in
any other manner;
(ii) after such election, receives any payment, loan, benefit or other
consideration or advantage, for himself or herself, or for
any other person, on
account of having induced or influenced, or ittempted to induce or influence,
any voter to vote or refrain from
voting as aforesaid;
(iii) gives, lends or procures, or agrees, offers, promises or attempts to
give, lend or procure, or causes to be given, lent or procured,
any payment,
loan, benefit or other consideration or advantage, to or for any voter, or to or
for any other person, in order to induce
or influence any voter to vote or
refrain from voting as aforesaid,
First
version Electoral Bill
(iv) on account of any voter having voted or refrained from voting, gives,
lends or procures, or agrees, offers, promises or attempts
to give, lend or
procure, or causes to be given, lent or procured, any payment, loan, benefit or
other valuable consideration or
advantage, to or for any voter, or to or for any
other person;
(v) votes or refrains from voting, in consequence of his or her acceptance of
any payment, loan, benefit or other consideration or
advantage, or the promise
thereof;
(e) at any election, applies for a ballot paper in the name of some other
person, whether living, dead or fictitious;
(f) save as is provided in section 35 records a vote in the name of any other
person;
(g) having voted once at any election for the National Assembly, or any other
legislature, again votes or attempts to vote or applies
for a ballot paper in
respect of the same election for the National Assembly or such other
legislature, as the case may be;
(h) directly or indirectly, uses or procures the use of, or attempts or
threatens to use or procure the use of any force, violence,
sexual harassment or
psychological pressure, or inflicts or causes to be inflicted or threatens any
injury, damage, loss or disadvantage
to or upon any other person or property
-
(i) with intent thereby to induce or influence any person to attend or
participate in, or to refrain from attending or participating
in any political
meeting, march, demonstration, or other event of a political nature, or in some
other manner lending support to
any registered party or listed candidate;
(ii) on account of such person having attended or participated in, or having
refrained from attending or participating in any such
political meeting, march,
demonstration, or other event or from lending support as aforesaid;
(i) directly or indirectly, compels or induces any voter who has already
voted to display the ballot paper on which he or she has
marked his or her vote,
in such a manner as to make known to such, or any other, person the name of the
registered party for which
the voter has so marked his or her vote; obtains
any information relating to voting at any voting station, or counting of votes
at any counting station, and discloses such
information to any other person, if
such disclosure defeats or is calculated to defeat the secrecy of the ballot or
the vote count;
(k) except as authorized by or under this Act or by the Commission breaks the
seal of, or opens any packet, envelope or ballot box
sealed in terms of this
Act;
(1) for the purpose of invalidating or affecting the result of any election,
removes, destroys, conceals, or mutilates, or attempts
to remove, destroy,
conceal or mutilate, or assists the removal, destruction, concealment or
mutilation of, any election or voting
material;
(m) without lawful authority, prints manufactures or supplies, or attempts to
print, manufacture or supply, or causes to be printed,
manufactured or supplied,
any election or voting material;
(n) contravenes or fails to comply with any provision of section 50 or
51;
(o) creates a material disturbance or disruption at any public meeting, with
the intention of preventing any registered party, candidate
or representative of
any registered party from instructing or addressing supporters, or from
canvassing support, or from engaging
in voter education;
Fimt Version
Elwtoral BW
28 September 1993
26
(p) directly or indirectly, by the use or threat of any force, violence,
sexual harassment or psychological pressure, or in any other
unlawful manner
prevents or attempts to prevent the conduct of a political meeting, march,
demonstration or other event of a political
nature;
(q) being an officer or agent referred to in Chapter 2, after having accepted
his or her position as such, wilfully refuses or fails
to perform any of the
duties or functions assigned to him or her by or under this Act, the Commission
Act, or the regulations prescribed
thereunder;
(r) makes a false statement or furnishes false particulars in an application
form referred to in section 16(1), knowing such statement
or particulars to be
false or without reasonable grounds for believing the same to be true;
(s) refuses or fails to leave a voting station when so ordered in terms of
section 7(2) or 34(5);
(t) interferes with a voter as contemplated in section 32; or
(u) refuses or wilfully fails to give effect to any direction, instruction or
order lawfully issued by or on behalf of the Commission,
the Chief Director or
any electoral officer, shall be guilty of an offence and liable on conviction
to a fine or to imprisonment for a period not exceeding five years. (2) In
any indictment, summons or charge sheet for any offence in relation to voting or
election material referred to in paragraph
(1) of subsection (1), the property
in such voting or election material, as well as the property in the counterfoils
thereof, if
any, may be stated to be vested in the district or regional
electoral officer, counting officer, or Chief Director, or the Commission,
as
the case may be, in such election. (3) The establishment of evidence that a
greater or lesser number of ballot papers has been found in a ballot box or has
been returned
as having been received at a voting station, than the number of
voters who voted at that voting station, shall be prima facie proof that
the presiding officer of such voting station is guilty of a contravention of
subsection (1) of this section.
Regulations
- (1)
The Commission shall make regulations regarding -
(a) voting
stations and procedures of voting by sentenced and awaiting trial prisoners;
(b) any matter required or permitted to be prescribed in terms of this Act;
and
(c) 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.
First Version Elmtoral
Bill 28 September 1993
27
Repeal of laws and
savings
- (1)
Subject to the provisions of subsection (2), the laws specified in Schedule 2
are
hereby repealed to the extent set out in the third column of
that Schedule. (2) Anything done under any provision of a law repealed by
subsection (1), shall be deemed to have been done under the corresponding
provision of this Act.
Short title and
comiinencement
55. This Act shall be called the Electoral 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.
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