South Africa Act or statute

Parliament of the Republic of South Africa

Electoral Amendment Act, 1994

amendment draftingballot administrationballot issuanceballot papersbroadcasting licencescandidate nominationelection administrationelectionselectoral administrationfiling deadlinesgazette noticegazette publicationgrant eligibilitylegislative noticesobjectionsparty registrationparty representationpolitical party financingpublic noticespublicationregistration amendmentsregulatory amendmentvote countingvote tallyingvoting procedures

Jurisdiction: South Africa
Structure: 23 provisions
Citation: Act 1 of 1994
Dates: updated 3 Mar 1994

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Dates: updated 3 Mar 1994

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Purpose and legislative effect

“This provision amends section 5 of the Electoral Act, 1993 to update who is represented on party liaison committees.”

This provision amends section 5 of the Electoral Act, 1993 to update who is represented on party liaison committees. This section amends section 13 of the principal Act by replacing two specified election-agent terms. The Commission must publish election-registration notices and decide objections and applications within set time limits; objections must be lodged in writing within short deadlines. The Chief Director must publish a notice in the Gazette within three days after the relevant 28-day or 34-day period ends. Registered parties must file candidate lists with the Chief Director within the stated post-proclamation period, and late documents will not be accepted after 16:30 on the final day.

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Section 5 of the Electoral Act, 1993 (hereinafter referred to as the

This provision amends section 5 of the Electoral Act, 1993 to update who is represented on party liaison committees.

Section 1

Section 27 of the principal Act is hereby amended by the addition of the

Separate ballot boxes must be provided for National Assembly elections and provincial legislature elections.

Section 7

Section 36 of the principal Act is hereby amended by the substitution in

This provision amends section 36 by replacing the words "party voting agents" with "monitors" in subsection (1).

Section 11

Section 49 of the principal Act is hereby amended by the substitution for

The Commission must combine vote tallies from all counting stations after 48 hours and after any irregularities, challenges, or objections have been dealt with.

Section 17

This Act shall be called the Electoral Amendment Act, 1994, and shall,

This section says the Act is called the Electoral Amendment Act, 1994, and is deemed to have commenced on 14 January 1994, except sections 21 and 22.

Section 23

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Source record from www.parliament.gov.za · updated 3 Mar 1994

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Showing 23 of 23 provisions

Substitution 16Commencement 3Repeal 2Amendment

§ 1Section 5 of the Electoral Act, 1993 (hereinafter referred to as theSubstitution

This provision amends section 5 of the Electoral Act, 1993 to update who is represented on party liaison committees.

1. Section 5 of the Electoral Act, 1993 (hereinafter referred to as the principal Act), is hereby amended- (a) by the substitution for the words preceding paragraph (a) of subsection (3) of the following words: "Upon the publication of thefirst notice contemplated in section 20 the Commission shall-"; and (b) by the addition of the following subsection: "(6) Every party- (a) which was registered late; or (b) the registration of which was amended as contemplated in the proviso to section 19(1) shall likewise be represented on the applicable party liaison committees contemplated in this section.". Amendment of section 13 of Act 202 of 1993

Section 1Verify source

§ 2Section 13 of the principal Act is hereby amended-Substitution

This section amends section 13 of the principal Act by replacing two specified election-agent terms.

2. Section 13 of the principal Act is hereby amended- (a) by the substitution in the Afrikaans text in paragraph (b) of subsection (1) for the expression "provinsiale party-verkiesingsagent" of the expression "party provinsiale verkiesingsagent"; and (b) by the substitution in subsection (2) for the expression "party provincial election agent" of the expression "party election provincial agent". Amendment of section 19 of Act 202 of 1993

Section 2Verify source

§ 3Section 19 of the principal Act is hereby amended-Commencement

The Commission must publish election-registration notices and decide objections and applications within set time limits; objections must be lodged in writing within short deadlines.

3. Section 19 of the principal Act is hereby amended- (a) by the addition to subsection (1) of the following proviso: "Provided that in respect of the first election for the National Assembly and provincial legislatures to be held after the commencement of this Act, an application for late registration or amendment of registration may be so submitted not later than 30 days after such proclamation."; (b) by the substitution for subsection (S) of the following subsection: "(5) The Commission shall- (a) within three days after the 10 day period referred to in subsection (1) has expired; and (b) within one day after the 30 day period referred to in the proviso to subsection (1) has expired, cause to be published in the Gazette a notice containing a complete list of applications received in terms of that subsection or proviso, as the case may be, and inviting objections thereto by interested parties, together with the address at which copies of the original applications and supporting documents shall be available for public inspection."; (c) by the substitution for subsection (9) of the following subsection: "(9) Any objection against the registration of a party as a participant in the election, together with the reasons therefor, shall be lodged in writing with the Chief Director- (a) within 10 days after the date of the publishing of the list referred to in subsection (5)(a); or (b) within two days after the date of the publishing of the list referred to in subsection (5)(b)."; (d) by the substitution for paragraph (b) of subsection (10) of the following paragraph: "(b) does not comply with the provisions of this Act, it shall afford the party an opportunity to rectify such application, but shall make its final determination not later than 28 days after the date of the proclamation of the election in terms of section 21(1) or, in respect of a late registration or amendment of registration contemplated in the proviso to subsection (1), not later than 34 days after such date."; and (e) by the addition of the following subsection: "(12) Any amendment of registration contemplated in the proviso to subsection (1) shall only be allowed in relation to the National Assembly or the provisncial legislature or legislatures in respect of which the election is being contested.". Amendment of section 20 of Act 202 of 1993

Section 3Verify source

§ 4Section 20 of the principal Act is hereby amended by the substitution forSubstitution

The Chief Director must publish a notice in the Gazette within three days after the relevant 28-day or 34-day period ends.

4. Section 20 of the principal Act is hereby amended by the substitution for the words preceding paragraph (a) of the following words- "The Chief Director shall within three days after the expiry of the 28 or 34 day period referred to in section 19(10)(b), as the case may be, cause to be published in the Gazette a notice containing-". Amendment of section 22 of Act 202 of 1993

Section 4Verify source

§ 5Section 22 of the principal Act is hereby amended-Substitution

Registered parties must file candidate lists with the Chief Director within the stated post-proclamation period, and late documents will not be accepted after 16:30 on the final day.

5. Section 22 of the principal Act is hereby amended- (a) by the substitution for subsection (2) of the following subsection: "(2) A registered party shall submit in the prescribed form to the Chief Director the lists of candidates in respect of the National Assembly and each of the provincial legislatures in which such party wishes to be represented as contemplated in Schedule 2 to the Constitution, within 30 35 days after the date of the proclamation of the election in terms of section 21(1)."; (b) by the substitution for subsection (6) of the following subsection: "(6) No documents contemplated in subsections (2) and (5) shall be received after 16:30 on the last day of the 30 35 day period referred to in subsection (2)."; and (c) by the substitution for subsection (10) of the following subsection: "(10) For the purposes of this Act, and notwithstanding anything to the contrary in any law contained- (a) any person employed or serving in- (i) any civil service, excluding a member of any police force, defence force or prison service or any judicial officer, public prosecutor in any superior or lower court, state attorney, family advocate or any other officer whose services are essential for the functioning of the courts; or (ii) any pre-primary, primary, secondary or tertiary educational institution; or (iii) any hospital or other medical or health institution, shall not be disqualified from being nominated by a registered party on a list of candidates or from being designated as a representative in the National Assembly or any provincial legislature if that person has taken leave of absence (whether paid or unpaid) from the date on which he or she has been so nominated until and including the date of the publication of the lists of names of representatives in all legislatures in terms of item 16(3) of Schedule 2 to the Constitution; or (b) any other person who holds an office of profit under the Republic, shall not be disqualified from being nominated By a registered party on a list of candidates.". Amendment of section 23 of Act 202 of 1993

Section 5Verify source

§ 6Section 23 of the principal Act is hereby amended by the substitution forSubstitution

The Chief Director must publish a Gazette notice within five days after the 3035-day period in section 22(2).

6. Section 23 of the principal Act is hereby amended by the substitution for the words preceding paragraph (a) of subsection (1) of the following words: "The Chief Director shall within five days after the 3035 day period referred to in section 22(2) cause to be published in the Gazette a notice in respect of the National Assembly and each of the provincial legislatures setting out-" Amendment of section 27 of Act 202 of 1993

Section 6Verify source

§ 7Section 27 of the principal Act is hereby amended by the addition of theAmendment

Separate ballot boxes must be provided for National Assembly elections and provincial legislature elections.

7. Section 27 of the principal Act is hereby amended by the addition of the following subsection, the existing section becoming subsection (1): "(2) Separate ballot boxes shall be provided in respect of the elections for the National Assembly and provincial legislatures.". Amendment of section 29 of Act 202 of 1993

Section 7Verify source

§ 8Section 29 of the principal Act is hereby amended by the substitution forSubstitution

The Commission may decide the ballot paper’s layout, printing manner, languages, and whether certain images are in colour, subject to section 32.

8. Section 29 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: "(1) (a) Subject to section 32, every ballot paper shall be substantially in the form prescribed by Schedule 1, save that the Commission may determine whether the printing thereon shall be in a vertical or horizontal form (b) There shall be printed on every ballot paper in the prescribed manner determined by the Commission the names of all the registered parties participating in the election concerned, the distinguishing mark or symbol in colour, the abbreviated name and a photograph of the leader of each such party or such other candidate as the party may determine, which, in the discretion of the Commission, may be in colour. (c) The ballot paper papers shall be in the languages determined by the Commission and shall make provision for the official mark to be placed on the back of the ballot paper as provided in section 35(6)(a)$I(i)$0 and the cross or mark referred to in section 35(7)(b) 35(6)(b)(ii) or writing referred to in section 44(4) to appear on the front of the ballot paper.". Substitution of section 32 of Act 202 of 1993

Section 8Verify source

§ 9The following section is hereby substituted for section 32 of the principalSubstitution

This section replaces section 32 of the principal Act with a section titled “Number of ballot papers.”

9. The following section is hereby substituted for section 32 of the principal Act: "Number of ballot papers"

Section 9Verify source

§ 32A voter shall for the purposes of the first election for theCommencement

A voter must be issued one ballot paper for the National Assembly and one for the relevant provincial legislature for the first election after commencement, and must not be issued two ballot papers at the same time.

32. A voter shall for the purposes of the first election for the National Assembly and provincial legislatures to be held after the commencement of this Act be issued with one ballot paper only in respect of the National Assembly and one ballot paper in respect of the provincial legislature concerned: Provided that a voter shall not be issued with two ballot papers simultaneously. Amendment of section 35 of Act 202 of 1993

Section 32Verify source

§ 10Section 35 of the principal Act is hereby amended by the Substitution forSubstitution

This section sets out how ballot papers must be issued, marked, and cast in elections.

10. Section 35 of the principal Act is hereby amended by the Substitution for subsections (6) and (7) of the following subsections: "(6) (a) When the provisions of subsection (4) have been complied with, the presiding officer or a voting officer shall- (a) (i) tear out a ballot paper from the ballot paper book in respect of the election for the National Assembly and another voting officer shall mark that ballot paper on the back with the official mark; and (b) (ii) hand that ballot paper to the voter. (7)(b) When the voter has received the ballot paper, he or she shall- (a)(i) take it to the voting compartment; (b)(ii) indicate the registered party for which he or she wishes to vote by placing a cross or any other mark which denotes a clear choice for a particular registered party with the instrument provided in the space provided on the ballot paper; (c) (iii) display the ballot paper at the ballot box concerned in such a manner that the presiding officer or a voting officer designated by him or her may recognize the official mark; and (d) (iv) place the ballot paper in the ballot box concerned. (7) When the provisions of subsection (6) have been complied with, the issuing and the marking of the ballot paper in respect of the election for the provincial legislature concerned shall be done in the prescribed manner.". Amendment of section 36 of Act 202 of 1993

Section 10Verify source

§ 11Section 36 of the principal Act is hereby amended by the substitution inSubstitution

This provision amends section 36 by replacing the words "party voting agents" with "monitors" in subsection (1).

11. Section 36 of the principal Act is hereby amended by the substitution in subsection (1) for the expression "party voting agents" of the expression "monitors". Amendment of section 38 of Act 202 of 1993

Section 11Verify source

§ 12Section 38 of the principal Act is hereby amended by the substitution forSubstitution

This provision amends section 38 of the principal Act by replacing the opening words of subsection (2)(a).

12. Section 38 of the principal Act is hereby amended by the substitution for the words preceding paragraph (a) of subsection (2) of the following words: "The packets shall, in respect of both the elections for the National Assembly and the provincial legislature concerned, be accompanied by a statement in the form prescribed by the Chief Director in which the presiding officer accounts for-". Amendment of section 40 of Act 202 of 1993

Section 12Verify source

§ 13Section 40 of the principal Act is hereby amended by the substitution forSubstitution

This provision sets out the special voting process: the presiding officer issues the ballot and the special voter must mark and return it in the required envelopes.

13. Section 40 of the principal Act is hereby amended by the substitution for subsections (3), (4) and (5) of the following subsections: "(3)(a) When the presiding officer has satisfied himself or herself that the voter is entitled to vote and that he or she has not voted in the election previously, he or she shall tear from the ballot paper book $Iin respect of the election for the National Assembly$0 a ballot paper, mark it on the back with the official mark and hand the ballot paper to the special voter concerned, together with a ballot paper envelope and covering envelope. (4)(b) When the special voter who wishes to vote has received the ballot paper, he or she shall(a) (i) mark it in secret in accordance with his or her choice; (b) (ii) fold the ballot paper so that the official stamp mark is visible and the manner in which he or she has marked his or her ballot paper is not visible; (c) (iii) place the marked ballot paper in the ballot paper envelope, close the ballot paper envelope and thereafter place it in the covering envelope; and (d) (iv) hand the covering envelope to the presiding officer. (4) When the provisions of subsection (3) have been complied with, the issuing and the marking of the ballot paper in respect of the election for the provincial legislature concerned shall be done in the prescribed manner. (5) The presiding officer shall take the covering envelope envelopes into his or her custody, place it them in a separate sealed ballot box boxes as soon as possible and, if he or she is not the district electoral officer, transmit the sealed ballot box boxes in the prescribed manner to the district electoral officer for the electoral district concerned after the closing hour for special votes.". Amendment of section 43 of Act 202 of 1993

Section 13Verify source

§ 14Section 43 of the principal Act is hereby amended by the substitution forSubstitution

The counting officer must verify ballot paper statements against the packets from the voting station and open the ballot boxes so the ballot papers can be counted.

14. Section 43 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection: "(2) The counting officer shall separately verify each presiding officer's ballot paper statement $Iin respect of both the elections for the National Assembly and the provincial legislature concerned$0 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 therein to bc counted.". Amendment of section 44 of Act 202 of 1993

Section 14Verify source

§ 15Section 44 of the principal Act is hereby amended-Repeal

The counting officer must take certain post-count steps for both the National Assembly and provincial legislature elections, including informing the Chief Director and enclosing items in separate packets.

15. Section 44 of the principal Act is hereby amended- (a) by the substitution for the words preceding paragraph (a) of subsection (1) of the following words: "After the provisions of sections 38 and 43 have been complied with, the counting officer shall in respect of both the elections for the National Assembly and the provincial legislature concerned, forthwith cause-"; (b) by the substitution for subsection (2) of the following subsection: "(2) The counting officer shall, as soon as practicable, after all the votes at such counting station have been counted and the number of votes in favour of each registered party has been determined, inform the Chief Director in the prescribed manner of the number of votes so determined to have been cast in favour of each registered party in respect of both the elections for the National Assembly and the provincial legislature concerned."; and (c) by the substitution for the words preceding paragraph (a) of subsection (7) of the following words: "When the counting officer has complied with the provisions of this section and section 45 he or she shall, in respect of both the elections for the National Assembly and the provincial legislature concerned, as soon as practicable, enclose in separate packets-". Repeal of section 48 of Act 202 of 1993

Section 15Verify source

§ 16Section 48 of the principal Act is hereby repealed.Repeal

Section 48 of the principal Act is repealed.

16. Section 48 of the principal Act is hereby repealed. Amendment of section 49 of Act 202 of 1993

Section 16Verify source

§ 17Section 49 of the principal Act is hereby amended by the substitution forSubstitution

The Commission must combine vote tallies from all counting stations after 48 hours and after any irregularities, challenges, or objections have been dealt with.

17. Section 49 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: "(1) After 48 hours of the closing of the voting and after all alleged irregularities, challenges or objections, if any, have been dealt with in accordance with sections 45, 46 and 47, the Commission shall cause the tallies received from all counting stations to be combined in the following manner: (a) add the tallies of votes cast in each province in favour of the respective registered parties contesting the election for the National Assembly; (b) attribute votes cast in a province in favour of a registered party not contesting the election for the National Assembly and which has made a declaration of support in accordance with item 15(1) of Schedule 2 to the Constitution, as contemplated in that item; and (c) discard votes cast in favour of any registered party not contesting the election for the National Assembly and which has not made a declaration of support in accordance with item 15(1) of Schedule 2 to the Constitution." . Amendment of section 50 of Act 202 of 1993

Section 17Verify source

Part

Schedule 2 to the Constitution." .

§ 18Section 50 of the principal Act is hereby amended by the substitution forSubstitution

After section 49 is complied with, the Commission must combine the counting-station tallies in the stated way.

18. Section 50 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: "(1) After the provisions of section 49 have been complied with, the Commission shall cause the tallies received from the counting stations concerned to be combined in the following manner: (a) add the tallies of votes cast in respect of each province in favour of the respective registered parties contesting the election for the provincial legislature concerned; (b) attribute votes cast in a province in favour of a registered party not contesting the election for the provincial legislature concerned and which has made a declaration of support in accordance with item 15(2) and (3) of Schedule 2 to the Constitution, as contemplated in that item; and (c) discard votes cast in favour of any registered party not contesting the election for the provincial legislature concerned and which has not made a declaration of support in accordance with item 15(2) or (3) of Schedule 2 to the Constitution." Amendment of section 74 of Act 202 of 1993

Section 18Verify source

§ 19Section 74 of the principal Act is hereby amended-Substitution

This section changes when political parties can get an initial grant and how much they may receive.

19. Section 74 of the principal Act is hereby amended- (a) by the substitution for paragraph (a) of subsection (4) of the following paragraph: "(a) The initial grant referred to in subsection (3) (a) shall only be payable to a registered party if an independent opinion poll recognized and accepted by the Commission for that purpose shows that such a party has in respect of an application for financial assistance to contest the election (i) for the National Assembly or the National AssemblY and an provincial legislature or legislatures, the potential support of at least two per cent of the voters for that legislature the National Assembly; or (ii) in respect of an application for financial assistance to contest the election for any provincial legislature or legislatures, the potential support of at least two per cent of the voters for the legislature or legislatures concerned."; (b) by the substitution for paragraph (f) of subsection (4) of the following paragraph: "(f) (i) The initial grant referred to in subsection (3)(a) shall be payable from the money referred to in subsection (1)(a)(i) (1)(a): Provided that only 50 per cent of that money shall be utilized for that purpose. (ii) A registered party which is contesting the election for any provincial legislature or legislatures may, notwithstanding the provisions of subparagraph (i), receive one quarter of the amount of the grant payable to a registered party contesting the election for the National Assembly in respect of each provincial legislature being contested, which grant shall be in addition to any grant which may be payable to such party for contesting the election for the National Assembly."; and (c) by the substitution for paragraph (h) of subsection (4) of the following "(h) No party shall be allowed to apply for assistance under this subsection unless it has submitted the list or lists of candidates referred to in section 22, and no registered party shall be eligible for a grant if its qualifying application has not been received by the Commission before the expiry of the period of 3035 days referred to in section 22(2).". Amendment of section 76 of Act 202 of 1993

Section 19Verify source

§ 20Section 76 of the principal Act is hereby amended by the substitution forSubstitution

Section 76 is amended so that the referenced subparagraph now reads “a voting an election or counting centre.”

20. Section 76 of the principal Act is hereby amended by the substitution for subparagraph (i) of paragraph (a) of subsection (1) of the following subparagraph: "(i) a voting an election or counting centre;". Application of Act

Section 20Verify source

§ 21The election proclaimed by Proclamation No. 17 of 1994, published inShort title

The election proclaimed by Proclamation No. 17 of 1994 must be conducted under the Electoral Act, 1993, as amended by this Act.

21. The election proclaimed by Proclamation No. 17 of 1994, published in Government Gazette No. 15490 of 2 February 1994, shall be conducted in terms of the Electoral Act, 1993 (Act No. 202 of 1993), as amended by this Act Amendment of certain Acts by State President 22. (1) The State President may by proclamation in the Gazette in consultation with the Transitional Executive Council established by section 2 of the Transitional Executive Council Act, 1993 (Act No. 151 of 1993)- (a) amend the Independent Media Commission Act, 1993 (Act No. 148 of 1993); (b) and in consultation with the Independent Electoral Commission established by section 4 of the Independent Electoral Commission Act, 1993 (Act No. 150 of 1993), amend- (i) the said Independent Electoral Commission Act, 1993, and (ii) the Electoral Act, 1993 (Act No. 202 of 1993); (c) amend the Independent Broadcasting Authority Act,1993 (Act No. 153 of 1993), in respect of- (i) the granting, the issuing and the regulation of temporary community broadcasting licences; and (ii) temporary broadcasting licences issued by the Postmaster-Genera in terms of section 7 of the Radio Act, 1952 (Act No. 3 of 1952) (2) The provisions of subsection (1) shall lapse at the commencement of the first session of the National Assembly in terms of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993). Short title and commencement

Section 21Verify source

§ 23This Act shall be called the Electoral Amendment Act, 1994, and shall,Commencement

This section says the Act is called the Electoral Amendment Act, 1994, and is deemed to have commenced on 14 January 1994, except sections 21 and 22.

23. This Act shall be called the Electoral Amendment Act, 1994, and shall, save for sections 21 and 22, be deemed to have commenced on 14 January 1994.

Section 23Verify source

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3 referenced instruments

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A–F

1 instrument

Electoral Act, 1993
Sections 1, 21

N–S

2 instruments

of section 48 of Act
Section 15
principal Act
Sections 2, 12

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