Electoral Act

11. Amendments to voters• roll by chief electoral officer

12. Notification by chief electoral officer·

13. Appeal against decisions and steps of chief electoral officer

14. General registration of voters

15. Objections to voters' roll 16. Publication and copies of voters' roll 10 15 20 CHAPTER3 PROCLAMATION OF AND PREPARATIONS FOR ELECTIONS 25 Part 1: Proclamation of elections ·Proclamation of elections of National Assembly. Proclamation of elections of provincial legislatures Proclamation of municipal elections 17. 18. 19.

20. Election timetables

21. General postponement of elections 22. ·23.' Revote at voting station Postponement of voting at voting station 30 4 No. 19351 Act No. 73, 1998 GOVERNMENT GAZETIE, 14 OCTOBER 1998 ELECTORALACT,.1998 Part 2: Voters~ roll

24. Voters' roll for election 25; Voters' roll for first election of National Assembly and provincial legislatures : Part 3: Parties contesting election, and lists of candidates Submission of lists of candidates

26. Requirements for parties to contest election 27.

28. Non-compliance concerning submission of lists of candidates 29.

30. Objections to lists of candidates

31. List of parties entitled to contest election and final lists of candidates Inspection of copies of lists of candidates and accompanying documents Part 4: Municipal councils

32. Further regulating of elections of municipal councils Part 5: Special votes and declaration votes 33. ·Special votes

34. Declaration votes CHAPTER4 ELECTIONS. Part I: Voting Initial procedures · Voting procedure

35. Officeni at voting stations

36. Hours of voting 37. 38.

39. Assistance to certain voters 40. Issue of new ballot papers

41. Objections concerning voting

42. Sealing of full ballot boxes .

43. Completion of form and sealing of voting materials

44. Mobile voting stations

45. More than one election on same day · . · , f ' Part 2: Counting of votes at voting station

46. Place and time of counting of votes 4 7. Counting of votes and determination of provisional results ·

48. Objections concerning sorting of ballot papers

49. Objections concerning counting of votes and determination of provisional . , results Procedure concerning provisional results and voting materials 50. · Part 3: Counting of votes at place other than voting station

51. Application of Part and procedures .

52. Verification procedure

53. Objections concerning verification procedure

54. Application of certain sections in Part 2 · · Part 4: Objections material to final results of election

54. Sections 47 to 50, adjusted as may contextually be necessary, apply to the counting of votes and the determination of the result at' a venue other- than !a voting station, objections and procedures concerning results and voting materials. Part 4: Objections material to final results of election Objections material to final results of election . , > ~ L , I 35 40 55. (1) Despite Parts 1 to 3 of this Chapter, any interested party may make an objection concerning any aspect of an election thar is material to the final result of the election. . ,_ ., ·: .. . : . " ·; i : · , . · (2) The objection must be made to the Commission in the prescribed manner not later . than 21 :00 on the second day after the voting day.·,. · ,_; ' ' 45 ' (3) The Commission, on good cause shown, may condone a late objection. · (4) The Commission,: in the prescribed manner, must decide the objection; and must notify the objector and anY other parties involved in the objection, of the decision. 40 No. 19351 ' GOVERNMENT GAZETTE; 14OCTOBER1998 . Act No. 73, 1998 . ELECTORALACT, 1998. · . . . (5) An objector or other party involved. in the objection and who f(!els aggrieved by the decision of the Commission, may appeal to the Electoral Court in the prescribed manner. ' .· ·, · .···•: ·· .... ... · · · ·· (6) The Electoral Court, in the· prescribed manner, must consider and decide the appeal and notify the parties to the appeal of its decision... . . · , , . · · · 5 (7) The result of an election is not suspended pending the decision of the Electoral ;: Court.· · · ' · . · Powers of Commission and Electoral Court

55. Objections material to final results of election . ' 56. Powers of Commission and Electoral Court .: 5 I 0 15 20 25 30 35 40 6 No. 19351 Act No. 73, 1998 · · GOVERNMENTGAZETIE, 14 OCTOBER 1998 ELECTORAL ACT, 1998 Part 5: Determination and declaration of final result of election

56. If the Commission or the Electoral Court decides, whether a5 a result of an objection or appeal brought under section 55 or otherwise, that a serious irregularity has 10 : occurred concerning any aspect of an election,. the Commission or the Electoral Court may order- . , (a) that the votes cast at a particular voting station do not count in whole or in . ~-; . . ·".: , . ·" (b) part;or that the votes cast in favour of a registered party or candidate at a particular 15 voting station must be· deducted in whole or in part from the votes cast in favour of that registered party or candidate in that election. ., .. _ . . _, .,., . . .. " . · . . , ·. I . • , ..._ · · - Part 5: Determination and declaration of final result of election Determination and declaration of final result of election . . · , ; · j 57. (I) The Commission must determine and declare the.result of ari election by 20 adding together the results received from all voting stations. ;; · .. · . (2) The determination and declaration of the result of an election must occur within seven· days after the voting day, but not~ .. · , , . . · · · · : ·. ,., " . · · · .. (a) . sooner than 21 :00 of the second day after the voting day;_ or '.. . . · (b) before all objections made under section 55 have been dealt with in terms of 25 that section, other than an appeal to the Electoral Court in terms of subsection · , (5) of that section. (3) The Commission may determine and declare the result of an election without · · · · . . . . . . . . . . . ·. having received the results of all voting stations, if- · - ( a) to wait for the receipt of the result from every voting station would unduly and . 30: unreasonably delay the determination and declaration of the result of that . ·, .. i e: election; and ' ; . : . ' ' . ·" ' . • • . . ( b J:] the outstariding results are not likely to materially influence the overall result . : of that election. . . · (4) If the Commission is unable to determine and declare the result of an election 35 within the seven-day period required by subsection (2)(c), the Commission must apply to the Electoral Court for an extension of that period. (5) The Electoral Court, on good cause shown, may extend the period within which the Commission must determine and declare the result of an election. : · .. . . . ; CHAPTERS AGENTS .~ · 40 Appointmentof party agents . 58. (1) Every registered party contesting an election may appoint-:- · two party agents for each voting station; and (a) (b) . ·four party agents for each venue where the proceedings provided for in Part 3 · 45 or 5 of Chapter 4 take place. (2) A party agent- · ~ (a) . must be a South African citizen; and . (b) may not be a candidate in an election. ·, · . . (3) The appointment and revocation of appointment of a person as a party agent must 50 be effected in the prescribed manner. 42 No. 19351 . GOVERNMENT GAZETTE, 14 OCTOBER 1998 • . Act No. 73, 1998 ELECTORAL ACT, 1998 · . Powers and duties of agents . ·,: ' 59. (1) An agent may observe the proceedings provided forin-;- ( a) Part 1 of Chapter 4 concerning voting; ( b) Parts 2 and 3 of Chapter 4 concerning the counting of votes; and . ... ·. , ., ( c) Part 5 of Chapter 4 concerning the determination and declaration of the result · (2) The absence of an agent from a place where any electoral proceedings are being of an election. . ·. ·, 5 conducted does not invalidate those proceedings. · . ; (3) Whilst present at any voting station, or venue where the proceedings provided for . . ,, . . . . in Part 3 or 5 of Chapter 4 take place, an agent must- (a) wear the prescribed identification indicating----,- · 10 {i) · that the person is an agent; and (ii) the registered party or candidate represented by that agent; and .. . ~· , . ( b) · comply with any order issued by- . ·. (i) an officer; or (ii) a member of the security services acting on the instructions of an officer: 15 ; : . •·· CHAPTER6 , ! . ~ : • ADMINISTRATION - . . .. . :: ~ . : •. Part 1: Voting districts Establishment of voting districts . 20 60. (1) The Commission must- . . . . .· r - - · . __ # , • .:.:'.--:_~, _ (a)· establish voting districts for.the whole of the territory of the Republic;, '. ( b) detennine the boundaries of each voting district in accordance with the factors · . mentioned in section 61; and ; ·. . (c) keep a map of each voting district. ., · ' · . . . 25 (2) The voting districts for an election are those voting dis_tricts which on the date on which the election is called are within the area in which the election is called. ' Factors for determini.ng voting district boundaries . · · : . · · · ' ; , • • ' . · . , i · ; 1 ; . . ~ ; • - i --· - , ; •• :

57. Detennination and declaration of final result of election . _,,._ CHAPTER.5 AGENTS . . ~. . .

58. Appointment of party agents 59. Powers and duties of agents . ,· .. . ·' : · ... CHAPTER6 ADMINISTRATION. Part 1: Voting districts .. .. Factors for determining voting disti:ict boundaries .. .

60. Establishment of voting districts . 61.

62. Consultation with party liaison committee 63. Inspection and copies ofmaps of voting districts ' · · . . . . . Part 2: Voting stations

61. The Commission must determine the boundaries of a voting district by taking into account any factor within the proposed voting district that could affect the free, fair and 30 orderly conduct of.elections; including..;.:_, , . ·· · the availability of a suitable venue for a voting station; - · . . · (a) (b) the nuniber and distribution of eligible voters; (c) the accessibility of a voting station to voterS given- , · · · · · · : (i) the radius of the proposed voting district; .. 35 the· availability of transport;: · telecommunications facilities; and· . ·'. . . . (ii) (iii) (iv) any geographical or physical feature that may impede access· to the , , .. .., .. , .... · . . voting station; , ~ . ; " • · ; · · ~ ( d) municipal and provincial boundaries; and (e) tribal, traditional, historical and customary boundaries. 40 Consultation with party liaison committee

62. Before determining. the. boundaries of a voting district, the Commission may consult on the proposed boundaries of that voting district with-,.· . . . . ; (a) the municipal party liaison committee for the municipality within which that 45 voting district will fall; or ·. . t'. •. · · · • · (b) if no municipal party liaison committee has been established in a municipality, the provincial party liaison committee for the province. within which .that voting district will fall. · · · 44 - No. 19351 , GOVERNMENTGAZETIE, 140CTOBER 1998. _. Act No. 73, 1998 ELECTORAL ACT, 1998 •:. Inspection and copies of maps of voting districts ·· 63. (1) As soon as practicable after section 60(1) has been complied with, the chief electoral officer must give notice that copies of the map of each voting district will be · available for inspection. · · (2) The notice must be- . _ (a) published in the Government Gazette; and , , • . _ .. (b) publicised in the media considered appropriate by the chief e!ectoral officer so 5 as to ensure wide publicity of those maps. . _ (3) The notice must state; and the chief electoral officer must ensure, that copies of~ .. (a) _those maps are available for. inspection at the Commission's head office; and 10 .. .. '(b) the maps of tlie voting' districts 'Vithi_n a. municipality ·are availa!)le_for .' ·. . - : · · ( 4) Any person may inspect a copy of a' map men_tioried in subseetion ( l ): . (5) The chief electoral officer must provide. a certified copy' ~of a map of a voting inspection at the officeof the municipality.' , . ._ . · . _ _ -· 1 .. . . . . · distric'ito any person who has paid the prescribed fee._.~ . . . i( 15 . ' Part 2: Voting stations ' Establishment of voting stations· - · · · -· 64. ( 1) The Commission must establish for- an election one voting station, or one · voting station and a mobile voting station, or only a mobile voting station, in< each voting district. ' ·· • : ' (2) when determining the location of a voting station, the Commission may take into account any factor that could affect the free;. fair and orderly · conduct of elections, · including- (a) (b) · (c) (d) access routes to those venues; · the number and distribution of eligible voters in that voting district; ·-.' the availability of suitable venues for a voting station; the distance to be travelled to reach those venues; · . . . . the availability of transport to those venues;. · . ( e) traffic density at or near those venues; (f) (g) parking facilities at or near those venues;. '. (h). telecommunications facilities at those venues; ,, .. (i) ... , general facilities at those venues; . (j) . the .safety and convenience of voters; . 20. 25 30 . .. (1) .. . on the proposed location of that voting station'.with- -- venues; and · the ease with which those venues'couid be secured. (k) any geographical or physical feature that may impede access to-or at those _ _ ._ . ,., . (3)Before detennining the location of a voting station, the Commission may, consult . .. - " : -' (a) . the municipal party liitison corriinittee for the municipality within __ which that' -.- . ··. (b) if no municipal party liaison committee has been established in. the. municipality, the provincial party liaison committee for the proyince within which the votirig station will fall. · voting station will fall; or ~ ·. .: ' : . . · · . · .- · ; -. .. , ' . ·. · c . . · , . · • · · - · 40 . 35 (4) By not later than the relevant date stated in 'the election timetable,' the chief electoral officer must give. notice that copies' of a list containing. the address of each 45. voting station will be available for inspection. .. (5) Section 63(2) to {5), adjusted as may contexti.ially be necessary; applies to the ' · _ · . . . · . _ inspection and copies of that list. Relocation of voting stations in emergencies 65. (1) Despite section 64, the Commission m~y rek~at~· a voting 'station idi'i~ of-the; . 50; view that it is necessary to do so for the conduct of a free and fair election. _ . . . (2) nie chief electoral officer'nmst take all reasonable steps to publicise the relocation . of.a.voting station among voters in.the voting_district conceme'd . . ' . . . ' ~ • - ' . • ' - I . • • . · ~ ' • 46 No. 19351 Act No. 73, 1998 GOVERNMENT GAZETTE, 14 OCfOBER 1998 ELECTORALACT, 1998 Organisation of voting stations 66. (1) By not later than the relevant date stated in the election timetable; the chief electoral officer must determine the boundary of every voting station. · (2) The presiding officer of a voting station may alter the boundary of that voting::: station on voting day if the presiding officer considers· it necessary to do so to ensure · 5 proper control and security at the voting station, and must demarcate that boundary in · the prescribed manner. .. . . 1 • ~ · · •' . ,.f ·.} , .Mobile voting stations . . . • I 67. ( 1) In order to ensure a free and fair election, the Commission may decide to use · · mobile voting stations. · , . ·• . .- , · . . 10 (2) If the Commission decides to use mobile voting stations in an election, the chief electoral officer. by riot later than the relevant date stated in the election timetable, must give notice of the route, including the locations and estimated times of stopping, of each · ... . mobile voting station. .- _. .. , . :· : ' · , ·· . · (3) The notice must be publicised by the chief electoral officer in the media considered 15 appropriate so as to ensure wide publicity of the information referred to in subsection (2). . . Part 3: Voting materials , .·. . ' ~..;' . . "' .; . Ballot papers · .. , . · 68. 'The Commission must determine--:- , ..:~·· (a) (b) . the design of the ballot paper or ballot papers to be used in an election; .. the language to be used on a ballot paper, taking into account the election in which thatballot paper.is to be used; and , . [ · ,: , ·. · ': , ·.. ( c). the manner in which ballot papers issued must he acc.ounted for. , Ballot boxes · · 69. (1) The Com1Illss1on must Cletennme the e1es1gn anCI matenal ot ballot boxes to be . used in an election. '. . . · · · . .. : .. · ·', (2) Each ballot box must be capable of being securely closed.:·:. . (3) The Commission must determine the manner in which ballot.boxes are to be~ ;•(a):. numbered and labelled; and·. · · ·· .: . . · . · .. 20 .· ' 25 30 (b) closed, secured, opened, sealed and unsealed ... .. .... . . ·' . . ~ '. ' . . Voting compartments ,· . 70.: (1) The . Cominission. must. detei-m.ine the ' design . and material of voting · compartments to be used in an election. · ! (2) A voting compartment must screen a voter from observation by other: persons 35 ~ · ' : ··.. : .. , : '· . . while marking a ballot paper. · · Voting materials · . ·.' .. 71. (l) Before voting opens at a voting station, the chief electoral officer must supply · the presiding officer responsible for that voting station. with all the voting ·materials necessary for the election at that voting station; including-,. ' · . . · (a) ballot papers; (b) ballot boxes; ( c J voting compartments; · (d) a certified voters' roll for the voting district roncerned; and (e) a receipt to be signed by the presiding officer detailing the voting materials . 45 40 . · · · entrusted to that presiding officer. ':. 48 No. 19351 GOVERNMENT GAZETTE, 14 OCfOBER 1998. Act No. 73, 1998 ELECTORAL ACT, 1998 supplied to that officer. (2) A presiding officer is responsible for the safe-keeping of all· the voting materials . .. .. . ~ . . . ' Part 4: Appointment of officers, additional persons and institutions, and their powers·. : · . and duties . .· Appointment of presiding officers. · · . . . 5

64. Establishment of voting stations

65. Relocation of voting stations in emergencies · 66. Organisation of voting stations .

67. Mobile voting stations Part 3: Voiing materials

70. Voting compartments

71. Voting materials ·,. 5 IO 15 20 Part 4: Appointment of officers, additional persons and institutions, and their powers and duties . 25 · 72. 73. 74 . . 75. 76. 77 .. 78. 79. 80. 81. 82. 83. , . . , Appointment of presiding officers Powers and duties of presiding officers Appointment of v9ting officers Powers and duties of voting officers Appointment of counting officers .. Powers and duties of counting officers Appointment of counters .. Powers and duties of counters Appointment of additional persons Powers and duties of additional persons General provisions concerning appointin.ent of officers General provisions concerning appointment ~f in'sti~tions .. . . · · · · · Part S: Accred;um_;,n of observe~'and persons providing voter education

84. Accreditation of observers

85. Powers and duties of accredited observers

86. Accreditation of persons providing voter education . ' CHAPTER7 . . \ . GENERAL PROVISIONS .; _ . . 'Pari 1: P;ohibited conduct. :.

87. Undue influence , i \ •. , · : 30 35 40 45 . 8 No.19351 Act No. 73, 1998 GOVERNMENT GAZEITE, 14 OCTOBER I 998 ELECTORAL ACT, 1998 Impersonation' Intentional false statements Infringement of secrecy Prohibitions concerning voting and election materials Prohibitions concerning placards and billbOards during election 88. 89. 90. 91. 92.

93. Obstruction of, or non-compliance with, directions of Commission, chief electoral officer and other officeI"S' · : '. 1 · 5

94. Contravention of Code Part 2: Enforcement· 95. 96. Institution of and intervention in civil proceedings by chief electoral officer Jurisdiction and powers of Electoral Court 10 Part 3: Offences and penalties

97. Offences 98. Penalties Part 4: Additional powers and dudes of Commission

99. Electoral Code of Conduct and other Codes _. •

101. Assignment of powers and duties by Commission

102. Assignment of powers and duties by chief electoral officer

103. Powers to decide objections and appeals

104. Access to private places

105. Ownership of voting and election materia1s, and disposal

106. Return or forfeiture of deposit . . .. .. · · ... '} : . · , · Part 5: Other general provisions Inspection and copying ofdocuments ,

107. Temporary obligations

108. Prohibition on certain political activities

109. Prohibition on publication of exit polls

110. Effect of certain irregularities:· .. 111.

112. Prohibition on certain strikes and lockouts

113. Limitation of liability

114. Composition of National Assembly and provincial legislatures

116. Act binds State

117. Application of Act when in.conflict with other laws

118. Short title and commencement. . · SCHEDULE 1 · ELECTION TIMETABLE . Notice that list of addresses of voting stations is available for inspection Cut-off time for act to be performed Cut-off date for publication of voters' roll 1. 2. 3 · 4. 5. 6. 7. 8. 9.

10. Deciding appeals

11. List of parties and candidates entitled' to contest election and final list of Cut-off date for submission of list of candidates Notice of non-compliance Inspection of lists of candidates and accompanying documents Cut-off date for objections,; Decision of objections Cut-off date for appeals against decisions ' - candidates Issue of certificate to candidates 12.

13. Determination of boundaries of voting stations - 15 20 25 30 35 ,·· 40 45 50 IO No. 19351 GOVERNMENT GAZETTE, 14 OCTOBER 1998 Act No. 73, 1998 ELECTORALACT, 1998 Prescribing of voting hours 14.

15. Notice of route of mobile voting stations SCHEDULE2 ELECTORAL CODE OF CONDUCT 1. Purpose of Code 2. Promotion of Code Compliance with Code and electoral laws 3. 4. Public commitment 5. Duty to co~operate Role of women 6. 7. Role of Commission 8. Role of media -Prohibited conduct 9.

10. Additions to Code - .. · SCHEDULE3 COMPOSITION OF NATIONAL'ASSEMBLY AND PROVINCIAL LEG~SLATURES. 1. 2. 3. 4. Formula for determining number of members of National Assembly Formula for determining number of members of provincial legislatures Commission responsible for.determination' of seats ; ' · ·- · Determination to be published in Govemm~nt. Gaz.~fte ~ : · · · 5 10 15 20 SCHEDULE4 I · ·~ ; . ' -. REPEAL OF.LAWS • • • · . • 1 . ; CHAPTERl INTERPRETATION, APPLICATION AND ADMINISTRATION OF Ac-f' 25 Definitions

1. In this Act, unless the context otherwise indicates....:..:... · . (i) "agent" means a person appointed in terms of section ·58; (i) ; · · _ , (ii) "chief eleetoral officer" means the person appointed in telUlS of sectfon 12(1) , of the Electoral Commission Act and includes any person designated to act in 30 that capacity in terms of section 12(3) of that Act; (vi) .-" · (iii) "Code" means a Code issued by the Commission under seetion 99, and includes the Electoral Code of Conduct; (xi) - - · - - ' · --' (iv) "Commission" means the Electoral Commission, established by section 3 of the Electoral Commission Act; (xii)· - 35 (v) "counter" means a person appointed in terms of section 78; (xx) (vi) ' "counting officer" means a person appointed in terins of section 76; (xix) (vii) "election" means- ( a) an election of the National Assembly; ' · (b) an election of a provincial legislature; o-r _ _ _ . (c) . an election of a iri.iuiidpal .council or a· by-election for a municipal . - '. (viii) "election timetable" means a timetable for an -election published by the -, Commission in te1n1s· of section 20; (xxv) council; (xxii) _ _ _ _ _ _ . · · _ · · · · . - . 40- (ix) "Electoral Code of Conduct" means the Code contained in Schedule 2; (xxiii) 45 (x) "Electoral Commission Act" means the Electoral Commission Act, 1996 (Act ' · (xi) "Electoral Court" m~ans the Court established by sectio'n 18 of the Electoriil No. 51of1996); (xxix) _ - · ·-- ·- · Commission Acti (xxiv) · -

12 . No. 19351 GOVERNMENT GAZETIE, 14 OCTOBER 1998 Act No. 73, 1998. . ELECI'ORALACT, 1998 (xii) "identity document" means an identity document issued after 1 July 1986; in terms of section 8 of the Identification Act, 1986 (Act No .. 72 of 1986), or a temporary identity certificate issued in terms of the Identification Act, 1997 (Act No. 68 of 1997); (vii) , (xiii) "list of candidates" means the list of candidates referred to in section 27; (viii) (xiv) "municipal council" means a municipal council referred to in Chapter 7 of the 5 Constitution; (xiii) (xv) "officer" means- (a) a presiding officer; (b) a voting officer; (c) a counting officer; (d) a counter; or any natural person appointed in terms. of section 80; (ii) : .. · :· Regulations on Party Liaison Committees published in terms of the Electoral 15 Commission Act; (xiv) . (xvi) "party liaison committee" means a committee established in terms of the - .· · · 10 ·· ' (xvii) "political office"' in relation to a registered party, means any office in the party to which a representative of the party is elected or nominated, whether involving remuneration or noi, or any other paid office in the party to which . a person is appointed; (xv) 20 (xviii) "prescribe" mean:s·. prescribe by regulation · in terms of section ; I 00 and . · "prescribed" has a corresponding meaning; (xxvi) (xix) "prescribed manner" includes any prescribed requirement as to time, process or form; (xxvii) · · (xx) "presiding officer" means a per8on appointed in terms of section 72; (xxviii) · 25 : ,. (xxi) "registered party" means a party registered in terms of section 15 of the • ·· · , . · · Electoral Commission Act; (iv) " ,., (xxii) "security services" means the services as defined in section 199 of the Constitution; (xxi) · · - ' :: (xxiii) "serve" means to send by registered post, telegram, telex or telefax or to 30 deliver by hand; (iii) · .~ · ' , ' ' (xxiv) "this Act" includes any regulations made in terms of section 100; (v) (xxv) "voter" means a South African citizen-'-·' · (a) who is 18 years old or older; and (b) whose name appears on the voters' roll; (ix) ·--, ~- ; · .. ; ; 'i' . 35 ·: section 5; (x) (xxvi) "voters' roll" means the national common voters' roll compiled in terms of . · (xxvii) "voting district" means a voting district established. in terms of section 60; ; '· i (xxviii) "voting officer" means a person appointed in tenns of section 74; (xvi).. (xxix) "voting station" means any voting station established In' terms of section 64. .· ·: ·i ~ ; <.- . .. . _ (xvii) -' . -. : . ": · · .. , • · : ' . · _· - • 40. (xviii) · · - • · · _. · · · Interpretation of this Act

2. Every person interpreting or applyiiig this Act· must~ . . · (a) do ' so in· a manner that gives effect to ' the· .coristitUtional declarations, 45 · guarantees and responsibilities contained in the Constitution; and , . . . , . ·'(b) take into accountany appropriate Code.: ·' ~ ~ · · · ··· · Application of this Act

3. This Act appli~s .to e~ery- . (a): election of the National Assembly; · . ' (b) election of a provincial legislature; and ·. 50 (c) electi_on of a municipal.council or a by-election for such coundl.. .. . . . . . ' :· . . , I Administration of this Act. ··

4. The Commission must administer this Act. 14. ' No~ 19351 · GOVERNMENT GAZEITE, 14 OCTOBER 1998'. •' Ad No. 73, 1998 .: .. ELECTORAL ACT,' 1998 rcHAPTER2 REGISTRATION OF VOTERS; AND VOTERS' ~QLL" • • . t ' National common voters' roll : , · S. The chlef electorill officer must cbrµpile and maintain 'a national colnmon voters' · · ' · ..... ' ·•· 5 roll. Persons who may ~pply_ f~r regis~ration as voter : · 6. (1) Any South African citizen in possession of an identity document may apply for registration as a voter.'. '. (2) For the purposes of ihe gener31 registration of voters contemplated in section 14, an identity document includes a temporary certificate in a forni which corresponds 10 materially with i if fonn ·prescribed by. the Minister of Home Affairs by· notice in the Government" Gazette. and· issued by the Di!ector-General ·of Home Affairs to: a South African citizen from particulars con~iq~d i1i"the population register and who has applied . for an identity docume11t. Applications tor registratio~· as voter ·- 15 in the prescribed manner; arid" . 7. (1) A person applying for registration as a ·voter must dos~ ' . (a) ': ' ( b F only for the voting' district in which that person is ordinarily resident. (2) For the purposes of this section the head office in the Republic of a person referred to in section 33(1)(aJ(ii) is regarded as the ordinary place of residence of that person or 20 a member of that person's household> . . · · · · · ' .. ·, Registration·-. 8. ( l) If satisfied that a person's application for registration complies with this Act; the chief electoral officer must register that person as a' voter by making the requisite entries in the voters' roll. · · · ' 25 (2) The chiefelectoral"officer may not r~gister a person as a' voter if that person- , (a) has applied for registration fraudulently'Qr otherWise.than in the prescribed •· .. ·' :. manner; ;;)! ;.,, L .• " . - . ' • . , . (b) is not a South Atrtcan citizen;'"' - · . : · · ( c) - · hai been dee Jared ·by 'the ·High Court td be· of unsound inind or mentally 30 disordered; is detained under the Mental Health Act, 1973 (Act No.' 18of1973); or;;·· Y .' (d) ' (e) is not ordinarily· 'residenf in 'the-voting 'district' for which that person 'has · · · ' · · · · ·· applied for registration. · · ... ; " -'': ,. : ; :: .. · .··, 1 ;N : .. · ,.. ·: (3) A person's name may not be entered in the voters' roll for more than one voting 35 : ~ · · :<>:· .. • .-:. · ~ · · ': • I district. Applica~ions to .c~ange registration details~') 9. (1) A registered voter or person"who has applied for registration .aS a· voter and whose name or ordinary place of residence has changed, must' apply in the prescribed manner to have that change recorded in the voters' roll or in that person's application. 40 (2) No one need to apply when a change of name results tfom·'a 'cbange in' marital: status. · (3) If satisfied that a person's application complies with this Act: the chief electorill officer must record the change in the voters', roll or application. . · Applications for deregistration as voter ' ~ · 45 10. (1) A registered voter may apply for deregistration as a voter in the.prescribed : manner. 16 No; 19351 GOVERNMENT GAZETIE, 14 OCTOBER 1998 . - Act No. 73, 1998 ' ELECTORAL ACT, 1998 . . - · (2) On receipt of an application for deregistration' as a voter, the chief electoral officer must remove the applicant'~ n~e from th~;v<;>t"._rs' rol~. , Amendments to voters' roll by chief electoral officer . . 11. (1) The chief electoral officer must- ; ; (a) . change the "registration details' of a voter,· if the chief' dectorarofficer is 5 satisfied that the details of that voter as reflected in the voters' roll are incorrect · ) , or have changed; or . - . , ... , .. ~ . ' .. - (b) . deregister a voter, if the chief electoral officer is satisfied that that voter does · . (2) The chief electoral officer must record iri the voters' roll or a person's'applica'tion JO .. any change in voting district for which a person is registered as a votel' or has applied for registration, if that person's place of ordinary residence after 'a change' in the boundanes of that voting" districtfalls in another voting distrid. ' ; . ' . . not qualify or no longer qualifies for registration. , . . . . . . ___ _ ... ' - ' .. ~ . . , . . . . . . . . . ' - . ' . . . ' ' . . ' ' ~ . . ·. - . . : Notifieation by chief eiecforal ·officer . .. -· . . . ' It • ~; > ·~ • . , '· ' , _, • ~ I ~ _' ." { '. ' .. - • ; ~ .,._ ; • ' ' ' - 12. (1) The chief electoral officer must notify, in the prescribed manner, a'person.:....:.'"'·15 (a) whose application in tenns of section 7 for registration as .a voter has been . · (b). whose application in terms of section 9, to have a change of name or ordinary ·- ·.· ··' "; ·- refused; ,·:;•" : '· -- . · - . ' · . . . ; . . : - .. '. -· . { "" "" ' 'place of residence recorded: has-been refriSC<I;: ·· ' '.:· (c) .who has been deregistered as a voterili"teims'q(sectiori Ii; or'·.· ' : :;, ~-. ,; · . _·' ' ' 20 . _ (d). whose registration detail~ ~~ye. been ~-h~ged.i!l:terri,l~ o(s~~·o~_'l_L .. , (2) The notification must give reasons for the .refusal or step concerned. ,, . _, . Appeal against decisions and steps of chief electoral officer .; ~· . 13. (1) A person mentioned in section 12(1) who feels aggrieved by a decisi~n 'or:si~j, talce.!] by the.chief electoral ~fficer in tenns of section 8, 9; or. ,11, may ~ppeal to.~e 25 Commission against thatdecision_or.step in the prescribed.manner. , .. '. .· and notify the appellant and chier'eleetofal officer ·of, the de'cision.· · , .: • (2) The Commission, in the prescribedmrumer, must ,consider .and decide the appeat . (3) No appeal may be brought against the dedsiori of the Commission, subject to., .~.·: -~ section __ 2oq)(a) ~fthe Electoral Commis~ion.A.ct. , ·· · .· · ·30 General registration of voters 14. (I) The Commission must, fordie compilation of the vot~rs; roil conte.riplated in section 5, conduct a general registration of voters: · · · . . .. . . . . · (2) The Commission may prescribe cut-off dates _in respect of th~ general registration of voters and the compilation of the' v"oteis' roll,' including the d~te by which~ ' ' ,. (a) .. any person who wants to be included in the voters·· roll itiiist haye applied for registration as a voter in tenns of section 7 or for the change' of regisfu.tti~~ ~·J details in terms of section 9; . ' ' 35 r 0 (b) the chief electoral o~cer m.~st .~otify a .. p«!rsO~ i~ terms ~f ~tion.12; ; ,vi:i;/ (c) an appellant must note an appeal in tenns of section 13; (d) the Commission must consider and decide the appeal and notify ,the appellant · . ·· an·d the chief electoral officer of the decision; · · '. ( e) ·, the chief electoral officer must giv~ ~otice ~f the period(during which and the' ; venues where a provisionally compiled voters' .roll will. be_ available .for ,, inspection; , : (f) any objections in terms of section. 15 in respect of a. provisionaIIy'compifod . . ' ; .voters' roll must be made; . (gf 'the Commission must decide an objection niade iii lermS of seetfon:t5 and '. notify the objector and the chief electoral officer and a person oth~r than the _ objector whose name or registration details are involved;· and · · .· ' " · · · · - · · · .. ., . . I . . ' . .. l • .. . .. ,· . . . . . . ' ' - - • ~·· ... 40 45 . · " · 50 ( h) the chief electoral officer must complete the compil~tion of the voters'. roU ~d , · · · · · · ··· · · · · · - publish it. · · · · · · · · ' . . · 18 No. 19351 ·-' GOVERNMENT GAZETIB, 14 OCTOBER 1998 • Act No. 73, 1998 ; ;: ELECTORAL ACT,: 1998 . · . ' ·~ Objections to voters' roll: ; . 15. (1) In relation to any segment of the voters' roll or a provisionally compiled voters' roll, any person may object to the Commission 'in the prescribed manner fo--. : ! (a) the exclusion of any person's name from that segment; the inclusion of any person's name in that segment; or .. (b) '(c) . the correctness of any person's registration details in that segment. 5 , (2) A person who objects to the. exclusion or inclusion of the name of another person, or to the correctness of .that person's registrati9n details, must serve notice of the · objection on ttiat person.. . (3) The Commission m~st decide an objectj.on_ and, except for an objectio~ in relation to_ a provisionally compiled voters_' roll, by not late~ thl:ll,l ~ 4 days after tll~ objectio~ w.as made, notify the. following persons of the. decision: _·· ( q) .·The person who made tlie objection; .. - ( b r 'the chief electoral officer;' and ' : ' (c) . in the" case of an objection agai~st the"exdusion or'incltision of the name,'or '15 the correctness of the registration details, of a per~on _other _than the ~bjector,. that other person. ... ' ' IO · terms of subs'ection (3) within three days. (4) The chief electoral officer.must give effect to a decision of the. Commission in (5) No appeal may be brought against thi; Commission's decision, subject ·to seetioii . . 20 ' 20(2)( a) of the Electoral Coininission 'Act: . . . . ,. '; _ · .. . " . . ... ·. ' ' : ~ .. · · . . . · - : ' - · . ·' .. · '· .. · · . ' : ' . . . . .. : '_.' l.f · : • ... :.:. ' , ;- , .: ••;_' ; ~. : •; : ;· :."I ... ~ ., I , , • ~ ... ' ~ :. 1, Publication and copies of voters' roll : · · .. , ~ ; H 16. (I) A copy ·of'the voters' roll' as ·it exists- a( any tiine rritist be ·available for inspection during office hours at the Commission's head office, and the provfociil.I and municipal segments of the voters' roll must be available for inspection at the times and 25 venues mentioned in a notice published by the chief electoral officer in the Goveminent Gazette. · ' _. ~ • • ··. ·' • . ' ., i ' ' , ' "(2).-The 'chief electoral officer. must provide· a certified ·copy of, or extract from, a segment of the voters' roll as· it: exists, at that time, to any. person who has paid the : prescribed fee, , . : . · : : _ " -' ·: " • • ,, • · ,, " · : .: y · 30 . <· ·~~- ;' ·1 .::n r,,. .. • ·· CHAPTER)· . . ··: .. · ... ·.'T .• · ··1 .. ~: ,: ! ' '/ :·; I . : . • • .· . ' j I • • • ! ' : • ~ < • ·• • • • • PROCLA~TION:OFAND PREPARATIONS FOR ELECTIONS. _,,:- ;: .. .·· . ·.. . . . . , . . . . . . - . ' · . . Part I: Proclamation of ele~ti<J'!~ :z· .• Proclamation of. elections of National Assembly . . . . . . . ,. . ... . . ... , .. ~ . ' . - . - "' . . . . . 17. (1) Wlienever the President or.Acting Presid~~i calls~ ~iection of the National., 35 Assembly the· proCiamation conc~med 'must set a sing1e 'day and date for· voting. . . . . (2) The voting day must be dete'rmined after consultation with the Comffiissi_o~~ PioclainatiOn 9f elections of provincial legisfature( : . ... • ;.'. . ~ l . · ; . . • . · ' • ; ' : : : • • . • • • i. • ' . ~·· ! f ; 18'. (~), ~enev~r t~_e .~esid~nt or, the .~(!mfor, or,':.'-c~ng IJ~~ier'of ~ 'pro':ri_nce palls an election of the provmc1al legislature the proclamat1on concerned must set a smgle day 40 · .· '. · .>. ·: ·.' · · -'. : · -. '.' .. \.' · _:: ::·:·.' . ." ., , ' and date for.votil}g, (2) The voting day must be determined 'after consultatfon\vith the Comnussion: 1 ,, , • • , · . • / ~- · - , • • • · ~f . ; • • • t _.:~ . . . .. ~ • 11 $c1am~tio~ -~f-?1~~cip~I' el~_ctio~~ ~ 19 •. Municipal elections must be called, in acco_rdanc~ , with ,Chapte~, 7 of the Constitution and· national or provincial legislation 'piereunder::' 45 20·'; No~ 193Sl Act No. 73, 1998 .. ' . Election timetables GOVERNMEN1' GAZETTE, 14 OCTOBER 1998 ' ELECI'ORAL ACT, 1998 ' ' I: ·: committee.:..._ 20.· (l)'The Commission must after consultation ' with the• party ·national liaison .i·; .· .·.'-.· : -. · .. . ·,.;" .. ~:.: .•. ·.•:.:· :· .. , ,_, . . (a) compile an election timetable for each election substantially in accordance;, ~.:· ·:.,:!· ,· .- with Schedule t; and· ·, -..-.. (b) publish the election timetable in the Government Gazette>: ;'. 1; : ·, ;1, . • ::. 1 ·' ·· · · ._ .. · '. · · ·, ·,: " .- .- 5 (2) The Commission may amend the election timetable by notice in the Government '':. · · · Gazette- ,'/ ., ' . (a) . ; if it considers it necessary for a free and fair election; or · (b) · if the voting day is postponed in terms of section 21.'; >! •'. . ,. 10: General posq)onement or elections .:: ~_; ·• . ;: ' ; H . . . · ' .~·· :. · ;- ;:, t··· :·I ~~ 21. (1) The Cominission may request the person who called an election to· postpone .. ~, :_ ::; -,, . , ·~ .: : ;'. : the voting day for that election, provided the Commission is satisfied that- ( a) the postponement is necessary for ensuring a free and fair election; and the voting day for th'e election will still fall within the period as required by the · (b) · . ' -' : : · Constitution or national or provindal legislation thereunder.·. · · -·. (2) If the person to whom the request is made accedes to the request, that person, by proclamation or notice in the Government Gazeite; must postpOne the voting day for the election to a day determined by that persori; but that day must fall within the period referred to in subsection (1 )( b ). ': · · · · · · · · .. · · ' · ~ ' : · 20 IS • • • : ; ; • I ' ~ • ' , ; : ! ; .~ .. : • Postponement of voting at voting station 22. (1) If it is not reasonably possible to conduct a free and fair election at a voting station on the proclaimed voting day, the Coinmission may at any time before the voting at a· voting station has commenced; postp0ne ·voting at that voting station. · · i (2) A postponement in tenns of subsection (1) must oo::-·" · · · · i' '' : : · . ' 1 - "(a)' effected in the prescribed manner; · .•_; · .'; ·", (b) to a day that would still fall within the period referred to in seetion 21(l)(b);:-·1 .. . ·: ~· ' , ' · ·· · ,;· · . • • · ,, ··: · : ; • • • • • and · ~ .. ~ 1,-:. , , -· , " ; ij"~. : : it ' ; - .- ... ·: : ~:.: '' >/ · '.,~ : . ~ ~: 1 ; , !, ~ /:: ··;:: _; : ! '.~·; 25 (c) publicised in the media considered appropriate so' as to ensure wide publicity' of the postponement of the voting day at that voting station.' . c, ~ . . . , . : Revote at voting station ,. ; . ~ ' . . i 30 23. (1) If batlot papers used in an deetion. at a voting-station ·are lost. 1 dest.rOyed or unlawfully removed before the votes cast at the voting station have been counted or the provisional result for thal":·vOtiilg ·station ·has· been· -~etCnnined and announced, the Commission may allow a revote at that voting station. (2)Arevote ata voting station .must~' · ; !•: .. /,:,: ·; ,·;;;. · _.,,, ,. ; .... ''·> -. '' · :"'-! 35 .. (a) conducted on a date that would still fall within the period referred to in section (b) publicised in the media considered appropriate so as to ensure wide publicity :· 21(1)(bJ; -" • ._. ,, , ! ' •'! ~· ' .·=''~ ~~ ... ·!' ' · ·· .. ,;,_.-' :: :~ , ... , '.. .• ' . of the date determined for the revote; and .. .. ',: ·'' '( ... ,, ,; ' .. .' :; 40 (c) conducted iri accordance with a procedure prescribed by the Commission , , . which is consistent with the principles provided for. in. <;hapter 4. ' :: ' . . • • - ,. ... . . :~ • .! .: - · ~ •.· , ~: . . • ~ ;:_· · f:j Part 2: Voters' roll . ... .. -... ! , , Voters' roll for election' 24. (1) The voters' roll, or the segments of the voters' roll that must be used for an 45 · election, are those as they exist on the day the election is proclaimed. (2) By not later than the relevant date stated in the election time table, the chief · electoral officer must certify the voters' roll or the segments of the voters' roll to be used in. that election and publish it by. making it available for inspection at the •fol~owirig venues: · · <"'·: >--· ... · ,; 1 , _.., . •., .. :-. -::. " 1 • .: •·' - · • • " · ' •' · ·1" · ••· :; • • --~ · : c• 50 22 ' No. 19351 GOVERNMENT GAZETIE, 14 OCTOBER 1998. Act No. 73; 1998 . . ELECTORAL ACT, 1998 (a) At the Commission's bead office, the segments for all voting distric~s in which , .·· the election will take place; (b), jn each province, at the office of the Commission's provincial representative;· :! " . ;. ,, the segments for all voting districts in the province in which the election will take place; and ., . ; "· · .. , · :. :~·, · 5 ( c) at the office of each municipality, the segments for all voting districts in that ... ·.-:· ,· · municipality in which. the election will take place:. : Voters' roll for first elections of National Assembly and provincial legislatures .. ' . - : { ~ : ·1 25. (1) Section 24 does not apply in respect of the first election of the National . ~ . .. · ·.; . ·.; ~ f . ' ,' i -~ :,... • ~ • ' " ;_ " ; ·, ' Assembly and the first election of a provincial legislature referred to in items 6(3)( a) and;, 10;: ll(l)(a) of Schedule 6 to the Constitution, respectively. (2).The voters'. roll that must be used for the elections referred to in subsection (1) is the voters' roll compiled by the chief electoral officer in terms of section 5 and published.:· by that officer by the date referred to in section I4(2)(h). · '·:· ' Part 3:,Parties contesting election, and lists of candidates': ·" -' ~ I ~ ·. ·· ~ ,l . , : .. l',; .' Requirements for parties to contest el~ction ... , . ;:; ~_I -- ~ : ~): .. :"" L . , ,_._, ' ":'1':·i .. ···~·; ;:-: .. ~ . '-! ' . .

26. A party may contest an election only if that party~ is a registered party; and (a) (b) has submitted a list of candidates in terms of section 27. > . Submission or lists of candidates · 15 ·: 20 27. (1) A registered party intending to contest an election must nominate candidates and submit a list or lists of those candidates for that election to the chief electoral officer - in the prescribed manner by not later than the relevant ·date· stated in · the · election timetable. : -' · · · · · (2) The list or lists inust be accompanied by a prescribed_;_. . . 25 (a) undertaking, signed by the duly authorised representative of the party, binding · the party; persons holding political office in the party, and its representatives ·, : ., :: · ·~ and members, to the Code;· ;:. (b) declaration, signed by the duly authorised representative of the party, that each .. . :. . . ·,: .. . · · . candidate on the list is qualified to stand for election in terms of the 30 Constitution or national or provincial legislation under. Chapter' 7 ·of the·! 1 Constitution; . -( c) ·'-acceptance of nonlination; signed by each candidate~ · · : · (d) ., undertaking signed by e'acH tarididate, that thatcandi.date will be bound by the' · · _ · 35' · · · : ·' Code: and·· ·: ' (~) '. . depo;it.--' ' \ . (3) (a) The Commission may prescribe the amount to be deposited in terms of ( b) The' amount to be' deposited by; a registered party contesting' an election . of a : · r·. L. ' : ' ' ' ' _ . • · " · · · · · · · · · . . · · · . · . · ·· ·· · · - subsection (2)(e). provincial legislature, must be less than the amount for contesting an election of the 40 ·. · National Assembly. _· " -·" · · · ~ - ~ ' ' Non-compliance concerning ·submissfon or lists or candidates · ' · · · - • ., .. 1 '· t • , _. . : :"· ~ ;, ' . ' { :,.. ' ;_: >; . • 1. 28. (1) If a registered party that has submitted a list of candidates has not fully complied with section 27, the chief electoral officer must notify that party of its non-compliance. 45 (2) The notification must be given in the prescribed manner by 'not later than ·the relevant date stated in the election timetable, and must indicate that the party has an opportunity to'coinply with section 27 by no~ later than the relevant date stated in the election .timetable. ;· .;,,· • · ·' _.; ., ··· . '- · · ·. cJ - · , . · ·• · • '' • · (3) The, opportunity provided for in subsection (2) includes an opportunity to · 50 substitute. a candidate'. and to re-order the names on that list as a result of. that substitution. · · .' 24 · No. 19351 GOVERNMENT GAZETIE, 14 OCTOBER 1998 Act No. 73, 1998 ELECTORALACT, 1998 , Inspection of copies of lists of candidates and accompanying documents 29. (1) By not later than the relevant date stated in the election timetable, the chief electoral officer must give notice that copies of.the lists of candidates and accompanying documents submitted by registered parties in terms_ of section 27, as amended and supplemented in terms of section 28, will be available for inspection.- -: (2) The notice must be~ _ - - - - (a) published in the Government Gazette; arid . (b) .. publicised in the media considered appropriate by the chief electoral officer so --- ---· as"toensurewidepublicityofthelists: . . ,, (3) The notice must state, and the chief electoral officer must ensure, that for the· · 10 . - · -.. -· , ·· - _ . · ' ' - - _. _ , . 5 relevant period stated in the election timetable- , ,. '· _ , _ ;· . ' · · · " ·· (a) . copies ofthe listsfor--: - _ (if an' election ·_of the National Assembly,. will be available for inspection _at the Commission's head office, a place in each province designated in .- _ . " -" ,- the.notice ·and ,ihe ~ffice of each- municipruity in the coimtry; and -_ • , 15 , : '. ;-~ -' .:·(ii) an' election of a'provindal legislature~ will be avrulable for inspection at I "the Commissfon's head office; a place in the province designated in the ' " notice and the office of each municipality in that province; and : · - · ·-" ' ' " ; _ . ' _ (b) copies of the aocuments accompanying the lists ar~ avail~ble for inspection at " ( 4) Any person ma~ inspect .. a, copy ~f a l~~t ~of. car:i~!~ates. ~d ac_~o~pru,iying . , the Commission's head office: ,. · --~ · '.' - . - -- .: " . -~ ' - 20 documents referred tom subsect10n (1). · (5) The chief electoral officer must provide a certified copy of, or extract from, a list of candidates or document referred to in subsection (1); io any person who has paid the prescribed fee. · • · " - · · · · · ·' -· · · · · • · · · : · · · · · , .. · 25 Objections to lists of candidates ~ . ; .. . t. ,·; ~ ' \ ' '· , . ·; . . . . ' • ,I : 30. (I) Any person, including the chief electoral officer, may object to the nomination of a: candidate on the follow'ing grounds:'• .. - - .. ' ' ' . " ·: (a) The-candidate is not qualified to stand ln the electfon; · . : l (b); there is no prescribed acceptance of nomination signed by the candidatei' or 30 ~ there is no prescribed undertaking, signed by the candidate, that'the candidate,. · is bound by the Code. -... .. · - . · " · - · · (c) · - · · - ' . -. • ''. . ': (if The objection must be· made to the Cornffiission- in the prescnbect m~ner by not later than the relevant date staied in the election tiineiable, and must be serVed on the registered party that nominated the candidate. . . ' - . - . ' 35' , ·. (3) The Commission must decide the_ objection, and must .notify the objector and the registered party thil.t nominated the candidate;: 'of the decision in the prescribed manner by not latef than the relevant date 'stated in the eleC:ticin timetable: r · ' • · - (4) The objector, or the registered party who nominated the c~ndidate,' may appeal against the decision of the Commission to the Electoral Couri in the prescribed manner 40 and by not later than the relevarit date stated in the election timetable. · ' (5) The Electoral Court must consider and decide the appeal and notify the parti_es to the appeal and the chief electoral officer of the decision in the prescribed manner and by not later than the relevant date stated in tl:ie election timetable. · ' · ·' (6) If the Commission or the Electoral Court decides that a cand1date;s nomination " 45 does not comply with section 27, the Commission or the Electoral Court may allow the' registered'party an opportunity to comply with that section, including an opportunity to ., . substitute a candidate and to re-order the names on the list as a result of that substitution:· ' List of parties entitled to contest election and.final listS of candidates. 3i. (1) By not later than the reievJnt d~te stated in the eiection timetable:, the chief so· · - electoral officer must- · · · · · · .. · ' ' ·- · ' · ·., ·· ., ' _,. ._, " 26 No. 19351 · GOVERNMENTGAZETIE, 140CTOBER 1998 Act No. 73, 1998 - · ELECI'ORALACT, 1998 · · (a) give effect to a decision of the Commission in terms of section 30(3) and to a decision of the Electoral Court in terms of section 30(5); and (b) . compile a list of the registered parties entitled. to contest . the election concerned and have, the final list.of candidates for each of those parties available.. . _ . . . , , . (2) The chief electoral officer must provide a certified copy of, or extract from, a list mentioned in subsection (l)(b) to any person who has paid the prescribed fee. (3) By not later than the relevant date stated in _ the election timetable, the ·chief electoral officer must issue to each candidate on a final list of candidates for an election, a certificate stating that the person is, a candidate in that election .. ' ,, . ; ' .. 5 10 • · ' , • · - • - • • ' .. Parl 4: Munfcipal councils , ' . .. - .... ~ t . . > I , , Further regulating of elections of municipal councils --- . ' ' • ' ·• , I _ 32. Whenever it may be necessru-Y to further regulate elections ·of or by-elections for municipal councils the Commission may, subject to the provisions of Chapter 7 of the Constitution and of national or provincial legislation under· that Chapter, make 15 regulations' regarding- - . · · - t' " · · _ the calling of municipal elections; ' ' (a) (b) election time-tables; (c) party lists of.candidates; -( d) . candidates contesting election's of or. by~elections for municipal councils, the 20 payment of deposits by ·candidates~ the return or forfeiture thereof, the - inspection of lists of candidates and objections to candidates~ the postponement of voting at a voting station; . . . . . ( g) counting of votes and objections material to final results of elections; (h) (i) generally, any other matter which is necessary or expedient to be prescribed in order to achieve the objects of this Act and of Chapter 7 of the Constitution or nation<tl or provincial legislature thereunder . the appointment of candidate agents; and · . ·. (f) voting procedures; ,. . . -. ' . ' (e) ·• . , · · ' - - - . : . , ·-.. , ·. Part 5:.Special votes and declaration votes ·-_ Special votes ,,·· '· 33. (1) The Commission- " · , - , _ , - (a) must allow a person to apply for 'a special vote if that person cannot vote at a ' voting station in the voting distrid in which 'the person iS'registered as a voter, "· " '· 'due to that person's- · · · (i) : physical infirmity or disability, or pregnancy; (ii) absence from the Republic on Government service or membership of the . (iii) absenc·e from that voting district' while serving· as an officer in the household of the person so being absent; or . ' . : . . - ' · · · -- election concerned, or while on duty as a member of the security services 40 iri connection with the election; . - . (b) may prescribe other. categories of persons who may apply for special votes. - (2) The Commission must prescribe_'._ ' . (a) .. - the procedure for applying for special votes; and_ ' • : . . - - ' . . - - (b) procedures, consistent in principle . with Chapter 4, for. the casting and 45 ._ •.. counting of special vot~s. - . ' - ,_ . Declaration votes ~34. The Commission may prescribe_:_ ' .. -.. , ... : __ ,' . (a) circumstan~es i~ and condi~~m: on _which a person who is unavoidably.and ;· 25 30 35 28 · No. 19351 .· GOVERNMENT GAZETTE, 14 OCTOBER 1998 · Act No. 73, 1998 · El..ECI'ORALACT, 1998 ... · · · unforeseeably unable to vote in the voting district in which that person is registered as a voter,. may apply to vote elsewhere; . · _ . (b), the procedure for applying for declaration votes; and .. . · ,, . ( c) _ procedures, consistent in principle with Chapter 4, for . the casting and counting of declaration votes. · ' : · . . . . . . 5 CHAPTER4 .:. ; ., ELECTIONS __ • , . J . Officers at voting stations Part 1: Voting

35. On voting day each voting stati~n must be staffed by- 10 (a) the presiding officer appointed for that voting station, who may exercise the .. powers and must perform the duties assigned to a presiding officer b.for under .: . this Act; and . . (b); the voting "officerS' appointed for th'at 'voting "station, who may'exercise the . . . . . powers and inust perfonn the duties assigned to a voting officer by or under. 15 ·, this Act. · · · · · · · · - · Hours of voting 36. (J) By not later than the relevant date stated in . the ' electiori timetable, the Commission must prescribe the voting hours·for an election: ·.· _. . · ··. · · (2) !fit is necessary for ensuring a free. and fair election, the Commission may 20 prescribe different voting hours for different.voting stations. ..• ' -, .' :· . . . (3) The chief electoral officer mu.st publish tlie prescribed voting hours in the media - · (a) open for voting at the prescribed time; and considered appropriate so as to ensure wide publicity of those hOurs· .. · : .·:. · · · · ' (4) A voting station must...::.:: ., (b) . subject to subsection (7)(bj, remain open for voting until the prescribed time, : or such later time a5. the Commission may detennine in tenns of subsection '·"- '<1)(aJ. ·'" · : · (5) No person may be admitted to a voting station for the purpose of voting after the · .. ' · ·. ,_ · · . ·· · · · · · •· ·· . .. ~ ' voting station has closed for voting. . , . . (6) Voting at a voting' station must continue until every voter has· voted who . • 25 30 is entitled to vote at that voting station; and (a) (b) had reponed for voting at that voting station at the time prescribed for that : voting station to close for voting. (7) To ensure a free and fair election, the Commission---- · · · .. midnight on that voting day; or (a) ' on the voting day; may exterid voting hours at a:·votfog station until as late as . (b) . may temporarily· close" a voting station for part of voting 'day' if it is temporarily impossible to conduct a free and fair election at that voting station. . . . . . . . . . · · ·.' · · . ·. · · ... , I~itial procedures · . 1: · .'' .: J7.: Inimediately before opening. a· v~ting s~tion for voting; the presiding officer must- ... · · · · ·· · -' " ·· ·,, ·· ' -~- · . . (a) . show aII ·agents' present that e.ach ballot box to be.used atthat°voting station is empty; and in the presence of those agents close and secure: the ballot boxes ill the ·· ,. ; prescribed maruier.: · · · · · · · · · · . . · · · . · ' (b) , ' .. • •. I • ' ' Voting procedure 38. (1) A voter may only vote once in an election, and may vote oniy ai the' vciting ' station in the voting district for which that voter is registered. . . . . . 50 35 45 30 No. 19351 - GOVERNMENT GAZETTE, 14 OCTOBER 1998 Act No. 73, 1998 ELECTORAL ACT, 1998 · (2) A voter is entitled to vote at a voting station- ( a) on production of that voter's identity document to the presiding officer or a voting officer at the voting station; and : _ _ · (b) -if that voter's name is in the certified segment of the voters' roll for the voting district concerned. : -. . : 5 (3) When a voter produces an identity document to a presiding officer or voting officer as required by subsection (2)( a), the presiding officer or voting officer must examine the identity document and determine whether- _ . . - . (a) the voter is the person described in that identity document; (b) . the voter's name is in the certified segment of the voters' roll for the voting 10 district concerned; and that voter has not already voted. in the election. · · . _ · , , ( c) . . (4) For the purposes of subsection (3)(a), the presiding officer or voting officer may. , ' require that the voter's fingerprints be taken. - . - ._ . . -- - - . - -- (5) If the presiding officer or voting officer is satisfied in respect of all.the matters 15 . · mentioned in subsection (3 ), that officer must- _ _ -· . · . -- • . , : : · · _, -- · · - (a) record that the voter is regarded to have voted in the election; (b) mark the hand of the voter in the' prescribed manner:.· . - .. -.. ,. .-. , . , (c) mark the back of a ballot paper.for that election; and ' ( d) · hand the ballot paper to the v.oter. : · _ · · : ·." _ - , _-. __ .• :··_.:··,., ' . . · -· (6) Once the voter has received a ballOt pape{marked in terms of subsection (5)(a), the voter must- · · · (a) enter an empty voting compartment; (b) - mark the ballot paper in a way that indicates the registered party or candidate the voter wishes to vote for; (c) fold the ballot papeito conceal the ~oter's vote; _ .(d) , take the ballot 'papefto 'a ba1lot'box fo(the:etection and show it to the presiding officer or a voting officedri a' way that that officer can see the mark. made in terms of subsection (5)(a);: · · ( e) · place the ballot paper in the ballot box; arid (j) without delay leave the voting station. · __ _ _ _ · · " ~ · · _ •' · - · · · ' · ·-• . ' · .- · , , ', 20 25 30 (7) The voting compartment ~ust comply with the provisions of sectio.n 7?.·- Assistance to ce~tain voters -. ,. '\ ~ :' •',. -.... ~ ; _. '. ~ ' .. 39. (I) The presiding officer or a·v'oting officer, at the request or'a voter w.ho is unable - to read, must assist that voter in voting in the presence of-:- · _ _ 35 -- (a) a person appointed in terms of section g5' by an accredited. observer; if available· and two agen~s from different parties, fr available-. · : · - · (b) -- · · · - - ., ' · - ' · · ·· · (2) A person may assist a voter i!l voting if_.:. .. the, voter requires assistance due to a physical disability; the voter has' requested to be assisted by that person; and . . (a) (b) ( c) ' the presiding officer is satisfied that that p'erson has attained the age of 18 _ (3) The secrecy of voting contemplated in section 38, ml!stbe pre'serve,d iri the , -,~ · ·- >: . ·'.· ·::.· .· ··.,- years. :· .,, , . . .. . 40 application of this section. _ - _ . · ~'"' . . ' .• Issue of riew ballot 'papers · . . ·.. · · · ". · "· · ' . . . . · ' . : / · ' '' . 45 40. (1) If a voter accidentally marks a ballot paper in a way that does not indicate for whom the voter wishes to vote and the ballot paper has not yet been placed in the biillot box- ( a) the voter may return that ballot paper to the presiding offi~er or ·a voting · 50 · -~~ - - (b) ' that officer must deal with the ballot paper in accordance with subsection (2), and must give the voter a new ballot paper in accordance with section 38(5); . · and the voter may vote in accordance wiili sedion 38( 6).' - < c; (2) Upon receiving a ballot paper from a voter in terms of subsection (1), the presiding officer or a voting officer must mark "cancelled" on the back of the ballot paper and file · it separately to be dealt with in accordance with section 43. · ·' · · ,_ ·.. · ' '· ·· · · -- ' -- . . • • - · • t : : . • • ; . . • 55 32 - No. 19351 GOVERNMENT GAZEITE; 14 OCTOBER 1998 Act NO. 73, 1998 - ELECTORAL ACT; l 99S . Objections concerning voting . - . 41. (l)At any time before a voter has been handed a ballot paper, an agent may object to that voter being entitled to vote or to vote at the voting station concerned. (2) An agent, or the voter concerned,_may object if the voter i_s refused a balJot paper. _ (3) An agent, or a voter, may object to any conduct; other than that mentioned in subsection (1) or (2), of an officer, an agent, or any_ other person prese!lt at a voting _ _ .. _ __ _ . station. _ .. _ _. . , _ _ .. . 5 (4) An objection in terms of subsection (1), (2) or (3) must be made to the presiding officer in the prescribed manner. _ -: ·_ -_ . _ - _ -- · -, · - ~ -- · · - -_ · - (5) The presiding officer, in the prescribed. manner, must decide the objection and IO notify the objector and any other parties involv_ed in the ·objection, of the decision. ( 6) An appeal against the decision of the· presidirigofficer may be noted with the Commission in the prescribed manner and time'. ' - - : '; - -. .- -- - 1 • ·- . . (7) The presiding officer must keep a written record iri the prescribed maimer of each ' objectioir and decision made in terms of this section. : - - - - 15 . . . . -~ . ; : .... ~ . Sealing of full ballot boxes · : 42. (1) As soon as a ballot box- is foll,' the presiding officer, in the p~sence of any agents present, must seal the ballot box in the prescribed manner and allow those agents to atfix their seals thereto. - · · -· · , = = · : - ' - - - - _ (2) Immediately after the last vote has been cast, every remaining used ballot box - 20 must be similarly dealt with. ·' - (3) A sealed ballot box must remain_; (a) sealed until opened for the counting of votes in terms 'of section 46(1); and ( b) - in the voting station until the commencement of the counting of the votes there · :, · · or, if the votes are not to be counted at that voting station, until removed for 25 · ·delivery in terms of section 43(3). · . ·.• •·.* I Completion of fonn and sealing of voting materials -·- - - . . I ~ ; ' . ,. 43. (1) As soon as- practicable after the close of a voting station. for voting, the - presiding officer, in the presence of any agents present, must-_ (a) complete a form reflecting the number of-' · - · - · : · - -· -· :30 · (i) ballot boxes entrusted to that presiding officer; · (ii) - used ballot boxes; : : • ' ' (iiif UOUSed ballot boxes; ' I,' · ! .. ·_ · · -- -- . . ; ' , - ' (iv) ballot papers entrusted to that presidfog officer; ; ' · --- (v)' issued ballot'papers; · · -- · ' (vi) unissued ballot papers; and (vii) cancelled ballot papers;··:- · _ . _ (b) seal each unused ballot _box entrusted' to that presiding officer; -• - (c) 'sealinseparatecontainers-~,; _:- 1 :-: ,_: ' " ' ;, . · -- ·• " - (i) ' : the certified segment of the 'voters' roli for thai voting-district;.; (ii) - the unused ballot papers entrusted to that presiding officer; • ' · ;- ·· · - (iii) -(iv} the cancelled ballot papers; and the written record, as' required by · section _41(7); of_ any .'objections concerning voting; and ; ·' · · - ' · ' -- 35 40- (d) allow those agents to affix their seals to the items mentioned in paragraphs (b) 45 and (c). :· · (2) If the votes in an election are to be counted at the voting station at which those votes were <:ast and if the counting officer for' that voting station is a person other than I . · ' • f. ~ . -• . I I , •· ' • , ; ' • ' • • 34 No.19351 GOVERNMENT GAZEITE, 14 OCTOBER 1998 Act No. 73, 1998 -. ELECTORAL ACT, 199& the presiding officer for that voting station, the presiding officer must deliver to the . counting officer for that voting .station the items mentioned in subsection (I). (3) If the votes in an election are not to be counted at the voting station at which those votes were cast, the presiding officer must deliver the following to the counting officer of a counting venue determined by the Commission in terms of section 46(l)(bJ; 5 (a) - The form mentioned in subsection (l)(a); · (b) the sealed, used ballot boxes; (c) . the sealed, unused ballot boxes; and (d) the sealed containers ment~oned in subsection (l)(c). Mobile voting stations IO 44. (1) If the Commission decides. to use mobile voting stations in an election, the Commission.· mus-t prescribe voting procedures, substantially. in accordance- with sections 35 to 43, for those voting stations. · . (2) Immediately after. a mobile voting station is closed for voting, the presiding officer . responsible for that voting station must act iri accordance with section 43(3). . 15 More than one election on same day . ~ . . . .

45. If more than one election is held at a voting station on the same day, the Commission must prescribe voting procedures, substantially in accordance with sections 35 to 43, for each of those elections. Part 2: Counting of votes at voting station . . - . 20 Place and ~ime or counting of vot~s" -.. ·: 46. (1) Votes must be counted at the voting station at which those votes were cast; ' except when- · · · ' · · ' · ' (a) the ~oting station is a mobile voting station; or·· . (b) in the interest of ensuring a free and fair election, the Commission determines 25 that those votes be counted at another counting venue. · (2) The counting officer must ensure that the procedures set out iri this Part commence as soon as practicable after the 'Voting station is closed for. voting, and. continue - uninterrupted until they are completed. .. . . _ (3) The procedures provided for in this Part may be suspended only with the consent . 30. of the Commission and, if they are suspended, the counting officer must ensure the safe-keeping of all. the. 'Voting inaterials entrusted. to the counting 'officer until the . ·· · ··' counting of votes has been completed. · ·. · ' · · Counting of votes and detenitlnatlon or provisional results· . .. .. ' . ; . ·, tenns of section 42(1) or (2). 47. (1) The counting office~ must open all the used ballot box~s that were.sealed in 35 . . · · (2) The counting officer must_:_ ' '· : . . . ·· · :. .. · ·. . · . . · (a) cause the ballot papers to be sorted on the basis of the ballot pa.,ers for each election if more than one.election was held at a voting station on the same day; (b) cause the ballot papers for each election to_ be sorted and compare it with the 40 . number of balloi papers issued in the prescribed manner; (c) cause the votes cast in each election to be counted in the.prescribed manner; ·and ' · · ' .. ( d) determine the result of each count at that voting station . . (3) The counting officer must reject a ballot paper- 45 (a) ' that indicates the identity of the voter; ( b) on which a vote is cast for more than one registered party or for more than one · · · . ( c) . ( d) that is marked in such a way that it is not reasonably possible to determine the 50 - voter's choice; ' 0 • . . • candidate; that is unmarked; · . 36 No. 19351 . GOVERNMENTGAZETIE, 14 OCTOBER 1998 Act No. 73, 1998 . . ELECTORALACT, 1998 (e) (f) that does not bear the mark required in tenns of section 38(5)(c); or that is not an official ballot paper. (4) The counting officer must mark "rejecte_d" on the back of each rejected ballot ·paper and file the rejected ballot papers separately.- . . (5) If a counting 9fficer's acceptance or rejection of a ballot paper is disputed by an 5 agent, the counting officer must- ( a). mark "disputed" on the back of that ballot paper; :' (b) file separately, but cause to be counted, the accepted ballot papers that are . . ~ . . (c) file separately the rejected ballot pap~~ that aie'clispu_ted. ~:. disputed; and . . · ' · · . . , , 10 Objections concerning sorting of ballot papers 48. (1) An agent may object to any alleged irregularity in the sorting of the ballot papers in terms of section 47(2)(a) or (b)., _ · (2) The objection must be made to the counting officer in the prescribed manner.at any stage before the counting officer has completed the fonn mentioned in section 48. · 15 . (3) Section 41(5) to (7), adjusted as may contextually be necessary, applies to the · objection. · · · ·· · · · - · --, Objections concerning counting of votes an~ det_enllination ~f pro,v_i~ional, ~suits_ . · 49. ( 1) An agent may object to an alleged inaccuracy in the countiD.g of the votes or the' determination of a result in terms of section"47(2)(c) or (d)'.' ' . . ·:- - 20 stage before the counting officer has completed the form mentioned in section 50. (2) The objection must be made to the countini°officer in the pre'scribed manner at any' .• . - (3) The counting officer must decide the objection.in the prescribed manner and · (4) The counting officermust notify the objector and any other Parties involy.ed in the _ 25 ·. whether to order a recount:'' · •· ' · · '.' .. _ . · · ' objection, of the decision made in terms of subsection (3). · ; · ' .. ., ·· ' · ·~ · (5) If the counting officer orders a recount, the counting officer must determine afresh . . . .. • ; . . . . '. . . i .. . . . the result. . . ' . . . . . ' · (6) An appeal against the decision of the counting officer may. be noted with the Commission in the prescribed manner and.time: : _ ' . ... -. . . (7) The counting officer must keep a written record in the prescribed manner.-of each objection in terms of subsection (1) and each' dedsion in terms 'of subsection (3).·. . . ' . . , . .· .· . . . . . . . . 30 .~. ,j . ~ • • . . ' · Procedu~'concernin'.g p...;visional res~ltS.and -v~ti~g mat~rials ·so. (1) After de.te~ni~g. the re~uli at a ,vqtlng .station, tile' counting ottJcer must . complete a, form reftectirig7- . . . . - ~ · '• ' . . . .. ... · . · .. ~·· · · ···) .., ~1·· • 'i': ' , . . . .: · • • ; , ' _. . the number of ballot papers supplied to tli(xoting' station; . : . - . (a) the result at the voting station; . (b) the number of counted ballot papers that were not disputed; (c) ' the number of counted balfot papers that were disp'uted; (d) ( e). th~ number of rejected ballot papers that were not disputed; (f) · the number of rejected ballot papers that were disputed; _ ( g) the number of caricelled. ballot papers; and the number of unused ballot papers. . (h) · - · · _ ·• . . · . . . .· . 35 . 40 (2) Once the counting officer has complied with subsection (1); the counting officer must' annoilnce the result of the count at the voting station to members' of the public and 45 agents present at the voting station., .. (3) Once the counting officer has.complied witti ·subsectio~ (2), ·the counting officer .. . . must inform the Commission of the result of the count at the. voting station. - (4) Once the counting officer has complied with subsection (3): the counting officer mm~ · (a) seal in separate contairiers .. each ofthe_items.mentioried i~ subseetion (l) and the written record of any objections in ternis of section 48 or 49; and '. (b) deliver the . form completed in terms of subsection (I) and the sealed - . containers.to an 'officer designated by the chief electoral officer. ~ 3g: · No. 19351 ' GOVERNMENT GAZETTE, 14 OCfOBER 1998', Act No. 73, 1998 ELECTORALACT, 1998 · • : . . Part 3: Counting of votes at place other than voting stt.dioir: . Application of Part and procedures · ·. 51. (1) This .Part applies to the counting ofvotes mentioned in section 46(l)(a) or (b). · (2) The counting officer must ensure that the procedures provided for in this Part • commence as soon as practicable after receiptof the items mentioned in section 43(3), 5 · and continue unintenupted until they are completed. · · ·· : · ·· · .. · . · 1 ·• (3) The procedures provided for in this Part may be suspended only with the consent of the Commission and, if they are suspended,. the counting officer must ensure the safe-keeping of' all the voting materials entrusted to the counting officer until the · counting of votes has been completed. . · 10 Verification procedure . · 52. ( 1) After receipt of the items mentioned in section 43(3), the counting officer must . examine whethef the seals are intact on those items. · : . · · > ·. (2) The counting officer must allow any agents present to exai:nine whether the ·seals are intact. . . . 15 (3) After examining the seals, the counting officer must open all the sealed ballot boxes and containers and must verify the fonn completed by. the presiding officer in . ! tenns of section 43(l)(a) by comparing it with- · ·(a) .the number of used ballot boxes received; . ' .· the number of unused ballot boxes received; the number of containers received; and, the contents of those boxes. and containers. :.-· , (b) · (c) · . ( d) · (4) The counting officer must' deal with any irregularities and discreparicies in the · · 20 prescribed manner. ' ' . : ,,, : - . ; (5) The counting officer must keep a written record in the prescribed manner of any 25 irregularities and discrepancies and the manner in which those irregularities and · · discrepancies were dealt with;. i .;, · : , .... , ·· • · , . · · · ' Objections concerning verification procedure r· 53; (1) At any time before the counting of votes commences, an agent may object to any alleged irregularity or inaccuracy in the verification procedure perfonned by the' · 30 · counting officer. · (2) The objection must be made to the counting officer in the prescribed mannert ,. (3) Section 41(5) to (7), adjusted as may contextually be necessary, applies to the . objection. · , . :• ' : · ' · - Application of certain sections in ~art 2

72. As soon as practicable after the proclamation of an election, th~ chief el~~ctor~ . officer; in consultation with the Commission, must appoint a presiding officer and a .' deputy presiding officer for each voting station at which that electio_n is to be conducted. . Powers and. duties of presiding officers : - . . ' ·. . • • .. ! • - ' . - • • • : , - ·- ' " ' . ": • : . .. .• ; ' • •. 73. (I) The· presiding officer of a voting station must co-ordinate and supervise the voting at that voting station so as to ensure that the election'at the 'voting station is free . _ · · and fair.' . ' _ · · ' ·. IO ~ ~ • (2) 1be presiding officer-· · - • i officer by or under this Act; : (a) .· may exercise the powers and must perform the duties assigned to a presiding · (b) must take all reasonable steps to ensure orderly conduct at that voting station; · . (c) may order a member of the ·security serv'kes to assist in ensuring orderly conduct at that voting station, and that member must comply with that order: and , . . . . · ., ·.: . . · · · . . · ... · . · :15 .. _ . · · · · · ":officer" ... · (3) The presiding officer may exclude from the area within the boundary of a · voting·• '20 :- station any person other than- . . . (a) a member, employee or officer of the Commission;-or· the"chief electoral · · · (b r . an age~t who is entitled in terms of section 59 to be pre~ent at a voting station; (c) · the prescribed number of candida(es a5 the presiding officer.may allow'; ( d) a perSO!l appointed by an accredited observer; . . ( e) . a voter presen't for the purpose of casting ·a vote;' and . . . . . . . (j) any other person or category of persons authorised by the chief ·eiectoral .. officer to be present at the voting station. " .. . _ , . . . .• . · .. · . . . . .. .. . . . 25 . .. .. · .r. . · · . · ·. · . . (4) (a) Despite subsection (3); the presiding officer may order any person mentiOned 30 in subsection (3)(b) to(j) to leave the area within the boundary of the .voting.station if that persob's conduct is not conducive to a free and fafrelec'tion at thafvotin·g station. (b) The presiding officei:: must give that person reasons for an order in terins of ara a h a).· · : · . · · -· · . (5) If a person refuses ,to comply with an order iri terms of subsection (4): the 35 · ... " .. . ' . . ' p gr p ( · ' · · -- _ . . . ' · ' - presiding officer may order a 'member of the security ser\.ices to forcibly remove that pers<Jn, and that member' must comply with' that order: ·. ~; .. .' . " ' . . .. ,· . (6) The deputy presiding officer of a voting station must act a~ · presiding officer ·- . · . ·· . - . . the presiding officer is absent from duty, or for any reiU.on is temporarily 40 . . _. unable to exercise the powers. and perform the duties of the presiding officer; · ~ or • • • •• • , , • • > • • • • • • . (b) ·.the office of presiding officer for that voting station is'.vaca~t. f . . . ' : ' . .. • .. • . ~ • • ' ' • . . . . ·~ . Appointment of voting officers . . -- . 74. As soon as practicable after the proclamation of an election, the chief electoral 45 officer,_ in consultation with the Commission, must appoint for each voting station as many voting' officer~ as may be necessary," ; .. . . . " ' . ; _ ; . . . ·-· . . ·: . - . . ' I . Powers a~ci· dutiesofvoting officers· ·

75. A voting officer:- whenever- (a) 50 No. 19351.·· GOVERNMENTGAZETIE, 140CTOBER 1998 · . Act No. 73, 1998 : , ELECTOKALACT, 1998 · • (a) ·must. assist the presiding officer in the exercise of the ·presiding officer's powers and the performance of the presiding officer's .duties; and· (b) may exercise the. powers and must perform the duties assigned to a voting ·,-,officer by or under this Act: ' · Appointment of counting officers · 5 76. (1) As soon as practi~ab.le .after the pro~lainati~n ~f ari:ele~tion~ the ~hief ~le~·foral :· officer, in consultation with the Commission, must appoint a counting officer and a deputy. counting officer .for each voting stati9n or :venue ~(which the' counting of votes . is io be conducted, . ' ' . ' . (2) The chief electoral officer may appoint the presiding officer, the deputy presiding .10 ' .. . ;. . ' ' . . . ,• ; . . . ' officer or a voting officer for a voting station as the counting officer or deputy counting ' officer for that voting station or at a venue . . .i·· Powers and duties of counting officers ~ . . . 77. (1) The.counting officer for a voting. station or.venue for.the counting of votes must co-ordinate and supervise the counting of votes and the determination of the result . 15 of the election at the voting station or venue so as to ensure that the election at that voting station or venue is free and fair. , . : . . · · (2) Section 73(2) to (5), adjusted as .may contextually be necessary, applies to the powers and duties of a counting officer.· _;.. .·.· · :'. ·· _ . , · · (3) The deputy counting officer for a voting station or venue must act as the counting 20 officer wbenever-'-c- :. · · .: · :. ~, : · ' i · , (a)' the counting officer.is absent from duty, or.for any reason is temporarily unable to exercise the powers and perform the duties of the counting officer; or . the office of counting officer for that voting station or venue is vacant.· (b) .,,,.. Appointment of counters 78. (1) As soon as .practic~ble .after.the proclamation of an election, the chief electoral officer, in consultation with the Commission, must appoint as many counters as may be necessary for each voting station. or venue at which . the countin'g of votes is to be conducted. · . (2) The' chief 'electoral officer may ' appoint the presiding <?fficer, deputy presiding . officer of a voting officer for a'voting station as a counter at that voting station or at a venue. '' .; . . ··· · · · ·.. .'. · · · ·. · " · ·· ... ,._ · "." · · ... .. .. · · · · · ' ' Powers and duties of counters . '.

79. A counter- 25 30 35 (a) . must assist a counting officer in the counting of votes; and ( b) may exercise the powers and must perform the duties assigned to a counter by · or under this Act. .· ., . , · Appointment ~f. addi~ionaJ person5 ! • · : . · •...:. 80. (1) The chief electoral officer, in consultation with the Commission; may appoint 40 as many additional persons as may be necessary to enable the Commission to exerCise its poweri and perform its duties effectively.·· · · : '' · · ·: · · ·. · (2) A person appointed by the' chief electoral officer in terms of subs-ectiori (1) may be- · .. - · · · ' -. ·' '' 1 (a) a natural person;.or (b) an institution, including a juristic person or an organ of state. '•" :. -· ·-·: . - . . .:. · 45 Powers and duties of additional persons - ' - \ ~ : ·' - . , .' 81 •. A person appointed by the chief electoral officer in terms of section .. 80 mat : exercise any power and must perfonn any duty assigned 'to such a person ~y or under this ~ Act. . 50 · General provisions concerning appointment of officers 82. (1) A person may not be appointed as an officer in an election, or remain in that office, if that person- · . · . . ~ . . _. . . '. ·. 52 No. 19351 · . GOVERNMENTGAZETIE, 140Cf0BER 1998 Act No. 73, 1998 ELECfORAL ACT, 1998 · is a candidate contesting that election;.·· . is an agent in that election; or ··: . -· (a) (b) (c) holds political office in a registered party. , . (2) (a) An officer exercises the powers and performs the duties assigned to that officer subject to the directions; control and discipline of the chief eledoral officer . . ;J 5 (b) The chief electoral officer must determine in writing the tenns and conditions of appointment of an officer, including- · (i) the powers and duties assigned to that officer; and (ii) any remuneration payable to that officer. · . · . · · ·. · (3) The assignment of a power or.duty to an officer does not prevent the chief electoral· 10 officer frOm exercising that power or performing that duty; · · · ·· , . · · ( 4) A person may not_ be appointed as an officer, unless that person has signed the prescribed undertaking, which must include an undertaking to. be bound by-,. the Code; and (a} (b) a declaration of secrecy. ·.; .- _ ...... . . . . . 15 (5) All officers must be impartial and exercise their powers .and perform their duties : . independently and without fear, favour or prejudice. . · . · · .· (6) An officer may not, whether directly or indirectly; in ariy manner give support to, or oppose, any registered party or carididate contesting an election, or any of the issues in contention between parties or candidates. . . . . . " :, .. .' . . . . . 20 (7) An officer may· not place in jeopardy that officer's' perceived independence, or harm the credibility, impartiality, independence or integrity of the Commission, by any ·membership, association, statement Or conduct. ·;;·· <·· .. _ . · ....... · · · · (8) An officer is not liable for ·any loss sufferCd by a person · as a result of ail act . performed or omitted in good faith in the exercise of a power or the performance of a · 25 duty in terms of this Act. · · < . . ' • . . . · . · - (9) An officer may be removed from office by the chief electoral officer on account · :-· ' ·of- (a). misconduct, incompetence or incapacity;·' ... . (b) absence from duty without leave of the chief electoral officer; (c) bias; · ., ... · 30 ( d) a material contravention of this section; . (e) a material contravention of the declaration.of secrecy; or (j) ' any other consideration related to free and fair elections. . . . . . ' . . . ' .... : . (10) No appeal may be brought against. a dedsion ~Y the chief electoral officer to 35 appoint a person as an officer, or to remove an officer from office.'. . ' (11) An officer may resign from office by" givfo.g one calendar. month's .notice )n · · (12) The chief electoral officer may appoint, in accordance with this Part, a person to . writing to the chief electoral officer. · . - . . : . . . · fill a vacancy caused by the death or the removal or resignation from office of an officer. 40 ~ ;·· ': ~."· ~· General provisions concerning appointment of institutions · · ·: ; • · • · 1 • • • 1 . · .. • · ·:- 1./ 83. (1) In this section, "institution" means an institution appointed by the chief electoral officer in terms of section 80. . . (2) (a) An institution and its employees exercise'the powers and perform the.duties assigned to the institution subject to the directions, control and discipline of the chief 45 electoral officer. . . . · ( b J The chief electoral officer ~ust deteml.ine in writing the i~nns <illd concliti~ns o'r · · -· . . · ·, · · . · appointment of an institution, including- . . , . . . · · . .. . · . · · (i) the ser-Yices, facilities and emplo}"ees to be made available to the Commission by that institution; · . . 50 (ii) .the powers and duties assigned to that institution; and.·, · . : . - .. (iii). any remuneration payable to that institution. . ' (3) The assignment of a power or duty to an institution does not prevent the chief .! electoral officer from exercising that power or performing that duty. · . 54 ·. No:l9351 GOVERNMENT GAZETIE, 14 OCTOBER 1998 Act No. 73, 1998 ELECTORALACT, 1998 (4) An institution must ensure that an employee of that institution who exercises a power or performs a duty in terms of this Act is not- . · (a) a candidate contesting that election; . (b) an agent in that election; or (c) holds political office in a registered party. . 5 (5) An institution may not be appointed unless that institution, and each of its employees who will exercise powers and perform duties in terms of this Act; have signed the prescribed undertaking, which must include an undertaking to be bound by a declaration of secrecy. (6) Every institution must ensure that it, and its employees, exercise. their powers and 10 perform their duties impartially and independently and without fear, favour or prejudice. . . (7) An institution, and each of its employees who · exercises powers and performs duties in terms of this Act, may not, whether directly or indirectly, in any manner give support to, or oppose, any registered party or candidate contesting an election, or any of the issues in contention between parties or candidates. . . · · 15 (8) An institution, and each of its employees who exercises powers and performs duties in terms of this Act, may not place in jeopardy their perceived independence, or hann the credibility, impartiality, independence or integrity of the Commission, by any membership, association; statement or conduct. (9) An institution and its employees are not liable for any loss suffered by any person 20 as a result of any act performed or omitted in good faith in the exercise of any power or . the performance of a duty in terms of this Act. · ·• . · (10) The chief electoral officer may.revoke the. appointment of an institution on · account of that institution's- . (a) incapacity or incompetence; :. . . . 25 . (b) bias; or'· (c) · failure. to adequately discipline and control.its employees exercising any · · . . . •: . : , ... ' · powers or performing any duties in terms of this Act. . (11) An institution must immediately tenninate an employee's exercise of any power or performance of any duty in ienns of this Act on account of that employee's-:- · 30 · (a) ·misconduct, incompetence or incapacity;· ( b) absence_ from duty without leave of the chief electoral officer; (c}·. bias; '. · ,; . · ( d) material contravention of this section; ( e) . material contravention of the declaration of secrecy; or· (f) · condutt which is not conducive to free and fair elections. • 35 , (12) No appeal may be brought against a decision by the chief electoral officer to appoint an institution, or to revoke the appointment of an institution. " (13) An institution may terminate its appointment by giving two calendar months' . notice in writing to the chief electoral officer. · · ·AO· (14) The chief electoral officer may appoint, in accordance with this Part, another institution in the place of an institution whose. appointment. has been revoked or, · tenninated. . , . •· _; __ . . · . . i . Part 5: A~creditation of observers and persons providing voter education Accreditation of observers 45 84. (1) Any juristic person may apply to the Commission in the prescribed manner for accreditation to observe an election. ; .· · (2) The Commission may require further information in support of an application. · (3) The Commission may accredit an . applicant to observe an election after considering the application, any further infonnation provided by the applicant, and . 50 whether_:_ .. (a) the accreditation of the applicant will promote conditions conducive to a free and fair election; and . the persons appointed by the applicant will- · (i) observe that election impartially and independently of any registered 55 . - · , · . . . · (b) · , · . party or candidate contesting that election; .. (ii) be competent and professional in observing that election; and. (iii) subscribe to a Code governing observers issued by the Commission in · · . tenns of section 99. .56 No. 19351 . . GOVERNMENT GAZETTE, 14. OCI'OBER 1998 . Act No. 73, 1998 " ELECTORAL ACT, 1998. : (4) The Commission may decide- .. to accredit the applicant, in which case, the Commission must-.· (i) enter the applicant's name in the register. of persons accredited as (a) observers; . . . (ii) issue a certificate of accreuitatio.:i in the applicant's nanie. stating the · 5 period and other conditions of accreditation; ·and . · · . :. · '. . · (iii) send the certificate to the applicant; or · ' (b) not to accredit the applicant, in which case the Commission must advise the· ' unsuccessful applicant in writing of its decision. ·: .. · . : · ' (5) If a person accredited as an observer fails to comply to a material extent with the I 0: conditions· of the accreditation, the Commission may cancel that accreditation after ._, ·· · . having given reasonable notice of the cancellation to that person.- · .. ,, (6) Any person may inspect the register and copies of the certificates of persons accredited as observers. The register and copies of the certificates must be kept at the . Commission's head office: . . . . , 15. (7) The chief electoral officer must provide a certified copy of, or extract from, that · · . .. register or a certificate to any person who has paid the prescribed fee. :· · . ·; t ' • ' ~ • : .: • • ; -~ : ~ Powers and duties or accredited observers : · 85. (I) A person appointed by an accredited observer may, in relation to the election for which that observer is accredited; observe the proceedings provided for in_:_, • .. :.- · :1: . • ·, ·:.(a) : Part 1 ofChapter4 concerning voting;·· .· ·> ·.. . . 20 · · (b) Parts 2 and 3 of Chapter 4 concerning the counting of votes; and' ( c) Part. 5 ·of Chapter 4 · concerning the detennination · and declaration· of: the · · ·· :_ ( · ·. ·· · .. election results. · . . - . · ·.. · . · (2) Whilst observing an election, a person appointed by an accredited ·observer inust 25 · wear the prescribed identification indicating that the person is repr:esenting an accredited observer. ·· ., .-'·.·' ... .. " '· '· .::, · ·. · .. - · ; _.,,_. ·,_ · '·... .., ' - (3) A person appointed by an accredited observer must comply with any order issued .. - . ...... \ ··' . · .. ~-~ ; .. ... . -~· . .; b)'~· · ~~· · ~ ;_,. (a) an officer; or ( b) : a member of the security services acting on the instructions of an officer • . . . ; ·· · -·· .'. t • .. . . . : : • .-· I , ; . . l - . '; •. 30 ·Accreditation of persons providing voter education I',: l ' r , • ' • 86:.(1) Any natural or juristic person may apply to the Commission in the prescribed manner for accreditation to provide voter education for an election:· . ';·.• · (2):The Commission may require farther infonnation in support of an application.. - 35 . (3) The Commission may accredit an applicant io provide voter education for an ' · election after considering the application, «iny 'further -inforination provided: by' the applicant, and whether- ·: , .· . : (a) the services provided by the applicant meet the Commission's standards; : .: ... ... -:.· ..... · ·· , .. . (b) . the applicant is able to conduct its activities effectively; (c) the applicant or the persons· appointed by the applicant to prov_ide yoter :education will_:_· ... : ,· ·,·· ·. · · · · · ·· · ·,'.:· ' ,.··: ... ·,, · .· · "·" : .. ,. ~ ·· . : .. 1 . :;_- . • · • .. ... 40 · · party or candidate contesting that election; (i) do so in a manner that is impartial and i~dep~ndent ofany, registe,r~~ .. · · · · ;c (ii) be competent to do so; and. . . (iii) subscribe to a Code issued . by the Commission under· section 98.: · . · ' '. · 45 ... governing persons accredit~d to provide voter education; and. .:·., , . ( d) the accreditation of the applicant will promote voter education and conditions ,. . .... conducive to free and fair elections. . _ . . ... , .· . , .. .. " (4) Section 84(4) to (7), adjusted as may contextually be necessary, applies to the .J 50 · accreditation of persons providing voter education. .·. ; , · ' · ... 58 . No. 19351 ' GOVERNMENTGAZETIE, 140CTOBER 1998 · · Act No. 73, 1998 . ; ELECTORALACT, 1998 ·. CHAPTER.7 .. GENERAL PROVISIONS Part 1: Prohibited conduct \ . Undue influence · ·' ~ , .. - 87. (1) No person may-,· .. . (a) compel or unlawfully persuade any person - (i) to register or not to register as a voter; •· ,;;:.,:.· · (ii). · to vote or not to vote;.; ·. ·. 5 , (iii) to vote or not to vote for any registered party or candidate; ',; , , . (iv), to support or not to support any registered party or candidate; or' , : 10 .. "·(v) to attend and participate in, or not'io attend and participate in, any political meeting, march, demonstration or other political event; · · · · · · • ( b) interfere with the ·independence or impartiality of the Commission, any· member, employee or officer of the Commission, or the chiefelectorat officer; ( c) ·· prejudice any person because of any past, present or anticipated performance 15 of a function in terms of this Act; · · (d) advantage, or promise to advantage, a person in exchange for that person rioL.' · performing a function in tenns of this Act; ( e) : prevent any· of the following persons from gaining reasonable access to voters, ' . whether in a public or private place: : . · · . . · 20 (i) Any representative of a registered party or of a candidate; (ii) any candidate iri an election; · (iii) any member, employee or officer of the Commission; (iv) . the chief electoral officer; (v) any person appointed by an accredited observer; or (vi) any person accredited to provide.voter education; or. . . .. ·· 25 · (j) · unlawfully prevent the holding of any political meeting; march, demonstra~ ti on or other political event. ·. , ·. · '·. · (2) Subject to this Act, no person may prevent anyone. from exercising· a right conferred by this Act. · .· . . ·: · 1 .·· 30 ·. (3) No person, knowing that another person is not entitled to be registered as a voter, may-~ · .. -. - . . 1: ·- ·. ~ · · ,,_ · (a) persuade that other person that that other person is entitled to be registered as . . a voter; or . . , Y· ; • · , ·'. . , . . (b) represent to anyone else that that other person is entitled to be registered as a 35 voter. · . · 1 (4) No person. knowing that another person is not entitled to vote, may ( a)· assist, compel or persuade that other person to vote; or (b) represent to anyone else that that other person is entitled to vote. Impersonation .. ·

88. No person--c (a) may apply to be registered as a voter in the name of any other person, whether living, dead or fictitious; '~. . . . · (b) may apply for a ballot paper at a voting station in the narrie of another person, · whether living, dead or fictitious; ( c) ·who is not entitled to vote in an election or at a voting station, may vote in that · election or at that voting station; 40 45 (d) may cast more votes than that person is entitled to; or · , , ( e) may impersonate- '" , 60 No.19351 Act No. 73, 1998 GOVERNMENT GAZEITE, 14 OCTOBER 1998 ELECIURALACT, 1998 (i) a representative of a registered party or of a candidate; (ii) a candidate in an election; · (iii) a member, employee or officer of the Commission; (iv) (v) a person appointed by an accredited observer; or (vi) a person accredited to provide voter education. the chief electoral officer; 5 Intentional false statements · 89. ( 1) No person, when required in terms of this Act to make a statement, inay make the statement- · . . . . . - · (a) knowing that it is false;"or · (b r without believing on reasonable grounds that the statement is true. '. . . (2) No person may publish any false information with the. intention of- 10 · • · (a) disrupting or preventing an election; (b) creating hostility or fear in order to influence the conduct or outcome of an -: . , : . . _ election; or . . · ·· influencing the conduct or outcome of an election; ; · · · (c) ·Infringement of secrecy_ .. ~- , •. • ,·, ·,. : ·t,• ,'C l ;; , , : ' · 15 ., . 90. (1) No person may interfere with a voter's right to secrecy while casti~g a vote. (2) Except as permitted in terms of this Act, no person may-·· .. · · , (a) disclose any information about voting or the counting of votes; or (b) open any ballot box ·or container sealed in terms of this· Act, or break its seal. . Prohibitions concerning voting and election materials 91. (1) Except as permitted in terms of this Act, no person may:........ (a) print, manufacture or supply any voting or election material;. (b) remove or conceal any voting or election material; . · . · ( c) damage or destroy any voting or election material; or (d) use the voters' roll or any voting or election material for a purpose other than . · . an election purpose .. · . . . · (2) The chief electoral officer may authorise- ( a) the printing~ manufacture or supply of any voting or election material; (b) the use of the voters' roll or any voting or election material for a purpose other · than an election purpose; and· . the removal or destruction of any voting or election material . .... · ' (c) 20 25 30 Prohibitions concerning placards and billboards during election

92. From the date on which an election is called to the date the result of the election 35 is determined and declared in terms of section 57, no person may deface or unlawfully remove any billboard, placard or poster published by a registered party or candidate . . Obstruction of, or non-compliance with, dire~tions.of Commission, chief electoral officer and other officers 93. ( l) No person may refuse or fail to give effect to a lawful direction, instruction or· 40 · · order of the Commission, or a member, employee or officer of the Commission, or the chief electoral officer. (2) A person may not obstruct or hinder the Commission, or a person mentioned in subsection (1), or a person appointed by an accredited observer, in the exercise of their powers or the performance of their duties. . · . · 45 5 . ' · 62 ·• No.° 19351. · GOVERNMENT GAZETIE, 14 OCTOBER 1998 Act No. 73, 1998 ELECTORAL ACT, 1998 . , ' Contravention of Code : 1 . •

94. No person or registered party bound by the Code may contravene or fail to comply with a provision of that.Code ... : Part 2: ~nforcement ·, .· . : • ' · . # , . , . . : . . ~ ~ • • Institution of and intervention in civil proceedings by chief electoral officer . . : - - - - -- . - . ·,· . .. 95. (I) Subject to this Act and any other law, the chief electoral officer may institute civil proceedings before a court, including the Electoral Court, to enforce a provision of , ; this Act or the Code. , (2) The chief electoral officer may intervene in . any_ civil proceedings. if the · · · · · · · Commission has a legal interest in' the outcome of thos~ proceedin_gs· .. . '. ~ . · ' ' • • ,r, 2 • ." • " ' : ' : • i ~ • . '. . . :. : ~. . 10 " , • • o " I : Jurisdiction and po~ers of Electoral. Court, I • ' • - •. , ; ' 96. ( 1) The Ele~foral Court h~sfin~Juri~di~ti6n i~'respeci of all ~lecto~al di~putes ·~d. :. '. ·- (2) If a court having jurisdiction by yirtue of section 20(4)(b) of the ,Electoral 15 complaints about infringements of the Code, and_ no' decision or order of the Electoral Court is subject to appeal or review. · ,. Commission Act finds that a person or registered party has contravened a provision of Part 1 of this Chapter it may in the interest of a free and fair election ~mpose any . . •.'. · · appropriate penalty or sanction on that person or party, inCJuding--.'., . . . . · · · ' · ' · · ·· · · . · , (a) • a formal warning;. , °<b) .. a fine not. exceeding R200 000; ( c) ' . _ . . . . . , 20 the forfeiture of any, deposit paid by that person or party in terms or' section' ·. · . _· ... ". · .. , ·.:. · · ·· · · , 27(2)(eJ;,. · . · - .. ·. - (d) an order prohibiting that person or party from._.:_· . . _ . · '· · , (i) using any public media; . . (ii) holding any 'public meeting, demonstra~i6~~ mare.ti ~r.other political 25 . . · event; (iii) entering any v?ting d_istrict f9r ~~e p~rp~s~ ?f.~an:v~ssing.v,o~ers or fo~l any other election purpose; · · (iv). _erecting or publishing billboards, placards or posters at or in any place; · (v) publishin'g cir distributing any campaign literature; _ · (vi) • electoral advertising; or , _· . (vii) . receiving any fun'ds frorri .the' State or from ~y foreign sources; . ( e) an order imposing limits ·on the right of that perSon or party to perform any of · . : .. . . . ' ·· . - . . ' ' . _ . 30 (f) · an order excluding that person or any agents of that person or any eandidates 35 ihe .. activitiesmeniionedfoparagrap~(dJ;' .' .".. .. ,: .. , .. ·. _ .. i . oragents of that party from entering a voting_station;' . . . .· ' · ( g) ari order' redudng the nuinber of votes' cast in favour of that person 'or 'party; (h) an order disqu~lifying tJ:ie candid~ture of that person or of any _candidate of '• '"that"p.arty;or '· ·· · ,. · : · . ·'. . '' (i) . ~ order cancelling th'e' registration .of that party . .· · . "' . - ·· · . '· . ' . . . · ' ·" ' · • ·· . _, . . ' 40 · · ' . '' (3) Any penalty or sanction provided for in this section will be· in addition to any penalty provided for in Part 3 of this Chapter. • ' : - ;. . I __ • • ,• .' ' ,. • _· r < .• · I _. .,I. ~ ,J \ . • a , ' . . . t ' : : • i , . _ ,, . . _ . · . , ·· . . ' · . • . • _ . • · oirences . Part 3: Offences and penalties • .. • : 1 ) .' • . . . '· . . • . .

97. Any person who contravenes a provision- of P~ i Or this Chapter ·or a' provisioti-.. 4S. of section 107,108 or 109, is guilty qf an offence. . • . · . - ~ .. : - . · _~ , , .; .__ , . .. t ~ ; ,I~ . . .. . •• ' •• -_ • • ) ~ _ ' · ' • • Penalties -98.'Any person con~ict~d o~·any,offence. in tez'.rns'of....:... . , · - (a) section 87(l)(b), (c) or (d); 89(2), 90; 91; 93 or 94, is liable to a fine or to ·. . imprisonment for a period not 'exceeding 10 years;· · • · · . .· . • , · , . . . · 50 ' • ; . • ' • _' • • ·. . · · , • . ' ' ' , . ' I . . • . ' • 64 ·· No: 19351 ·· GOVERNMENT GAZETIE, 14 OCTOBER 1998 Act No. 73, 1998 · ' ELECTORALACT, 1998 (b) section 87(1)(a), ( e) or UJ, (2), (3) or (4). 88, 89(1), 92, 107(4), 108 or 109ris · liable to a fine or to imprisonment for a period not exceeding five years, Part 4: Additional powers and duties of Commission Electoral Code of Conduct and other Codes ·:. · · . · ; 99. (1) The Electoral Code of Conduct must be subscribed to- : , . . . 5 (a) by every registered party before that party is allowed to contest an election; . ; ··,.and (b) ·by every candidate before that candidate may be placed on a list of candidates · · · in tenns of section 3L ,, ' · · · · · · i (2) In order to promote free; fair and orderly elections, the Commission may compile 10 and issue any other Code. · . · : ·/ ; (3) The Commission may change or replace a Code issued in terms of subsection (2). (4) A Code issued in terms of subsection (2), or a change to or replacement of such a Code, must be published in the Government Gazette. Regulations · - • - l - : : , . , : . ·• '" ·'.. •. 15 ' '.; . . ' ' , • . ~· i . . • -., •. ·-. " • ~ ,- . ~ 100. (1) The Commission must make regulations regarding any matter that must be prescribed in terms of this Act. . • · · · , . (2) The Commission may make regulations, after consultation with the party national . liaison committee, regarding any matter- · · that may be prescribed in tenns of this Act; or (a) ( b) that it considers necessary or expedient in order to achieve the objects of this . ., 20 Act. ~ • ·' (3) Regulations made in terms of this section may prescribe a fine or a period of imprisonment not exceeding one year for a contravention of or a failure to comply with a provision of the regulations. · 25 (4) The Commission must publish any regulations made in terms of this section in the Government Gazette:· . · · · Assignment of powers and duties by Commission ' · 101. (1) The Commission may- · (a) delegate any of the Commission's powers in terms of this Act, excluding the 30 powers referred to in section 32, 99(2) or. I 00 or this section; or any other law, to a member, employee or officer of the Commission; or · (b) instruct a member, employee or officer of the Commission to perform any of . the Commission's duties in terms of this Act or any other law. · (2) A delegation or instruction In terms of subsection (1)- . , .. ' 35 (a) · is subject to any limitations and conditions the Commission may impose; and ( b) does not prevent the Commission from exercising or performing the assigned ·. . power or duty. · . . .. . · • .. Assignment of powers and duties by chief electoral officer 102. (1) The chief electoral officer may-' 40 (a). delegate any of the chief electoral officer's powers in terms of this Act or any other law, to an employee or officer of the Commission; or. . .. · · ( b) instruct an employee or officer of the Commission to perform any of the chief electoral officer's duties in terms of this Act or any other law. (2) Section 101 (2), adjusted as may contextually be necessary, applies to a delegation 45 or instruction of the chief electoral officer in terms of subsection (I). · · · 66 · . No. 19351 • ··· GOVERNMENT GAZETIE, 14 OCTOBER 1998 : Act No. 73, 1998 ·:' ELECTORALACT, 1998 Powers to decide objections and appeals . I I - ' :·· ... ' 103. (l) Whenever the Commission, an officer or the chief electoral officer is required in terms of this Act to decide an objection or an appeal, the Commission or that person may attempt to resolve the issue that is the· subject of the objection or appeal, through conciliation. 5 (2) The Commission must prescribe the powers that may be exercised by. it, ariy ,· officer, or the chief electoral officer in deciding an objection or appeal in terms of this Act. Access to private places ~7 • • I . '

104. Members, employees and officers of the Commission have access to private IO ··.;. . ' i , · places when that access is necessary for. the exercise of a power or the performance of a duty assigned to them by or under this AcL . · ·' ,, · : - . · , ' ·.. ; · · · . : Ownership of voting and election materials, and disposal ',•· ·~ '., , ' . •. , : I .. . iOS~(l) The Commission is regarded as owning all voting and election materials used : or provided by it in an election. 15 (2) Unless the Electoral Court orders otherwise, the Commission may dispose of the · 1 .)· .·! voting and election materials used in a particular election after six months after the date on which the final result of the election was declared, in the manner directed. by the .. Commission. · · · Return or forfeiture of deposit , ..... ,. 106. (l) Subject to section 96(2)( c ), the Commission must refund to a registered party any deposit paid by it in terms of section 27(2)( e) if the party is allocated at least one seat in the legislature whose election that party contested. · · (2) A deposit that is not refundable in terms of subsection (I) is forfeited to the State9 ' . .. ::: 1' : · · .·· ' :: : ·Part 5: Other general provisions .- 20 . 25 -, Temporary obligations 107. ( 1) (a) This section is applicable only from the date on which an election is called to the date the result of the election is determined and declared in terms of section 57. (b) For the purposes of this section, "printed matter" means any billboard; placard, posterorpamphlet:' :. ·., . . "' " · .. · , .: ···.· , . . <: .: ·. 30 (2) Any printed matter intending to affect the outcome of an election must state clearly the full name and address of the printer and publisher. . · ~, T • (3) The publisher of any publication must head an article in that publication with the word "advertisement" if that article~· ' · · · · (a) originates from- ' ' · · · · · ; ' ·· ' · 35 ' (i) ·'.a registered party, a person who holds political office in that party, or any member or supporter of that party; or . · · · (ii) a candidate contesting ·an election or ·supporter of that candidate; and is inserted in the publication on the promise of payment to the publication. (4) No person may print, publish or distribute any printed matter or publication that 40 (b) does not comply with this section. · : ·· ··' · · · · ·· · ' · .. · Prohibition on certain political activities • • • - : ' • . • t •• ! # . '1

108. On voting day no person may..'.'.... . · . ~ : (a) hold or take part in any political meeting, march, demonstration or other political event; or. . ,· (b) · engage in any p0litical activity, other than casting a 'vote, in the area within the . • . " . . . . . . . . . 45 boundary of a voting station. · · · 68 No. 19351 Act No. 73~ 1998 GOVERNMENT GAZETTE, 14 OCI'OBER 1998 ELECfORALACT, 1998 Prohibition on publication of exit polls ·. ·

109. During the prescribed houri. for an election, no person may print, publish or distribute the result of any exit poll taken in that election. '· · · · · · •• I • ' i • •>I t . Effect of certain irregularities ~ . ' . ~ ' ·,'· . \ ' . . .. ' . . ito.· (1) Any mistiike in the certified segment of the voters' roll referred to iil section ·. 5 24 or the final list of candidates referred to in section 31 does not invalidate that voters''.· ; roll or that list of candidates. ~ (2) An election may not be set aside because of a mistake in the conduct of that· • election or a failure to comply with this Act, unless the mistake or failure materially ; · · ! affected the result of the election. · · · · · · · · · · · · ' l 0 · Inspection and copying of documentS '

111. Where this Act requfres 'that dociiments be publicised, or made' available for · 1 inspection or copying, the Commission must endeavour to also publicise or make available those ·documents by way Of ~lectronic technology. · . ' : · · · ·, ; ·. : ... •. .... ·• : , >' . • ~ Prohibition on certain strikes and lockouts' : i. ··: · I'_ "; · 15 -... • ' ' • ~ ' I . • . . : • ,'. ._;. :: : 1 j • , : · , • 112. °(l) The service provided by the: Commission: is· an essential service for the purpose of the Labour Relations Act, 1995 (Act No. 66 of 1995). (2) Strikes and lockouts on voting day by employees and employers in the public transport or telecommunication sector are prohibited arid are not protected in terms of Chapter IV of the_ ~abour Relations ~ct, 19?5. 20 ,J i · . •.• Limitatiorfof li~bility ·'

113. The Commission, a member, employee and officer of the Commission, the chief · electoral officer; an institution appointed in terms of section 80, and a person with whom the Commission has contracted to work for the Commission, is not liable for any loss , suffered by any person as a result of any act performed or omitted in good faith in the 25 course of exercising a power or performing a duty assigned by 'or under this Act. Composition of National Assembly and provincial legislatures ... - . 114~ The formulas referred to in sections 46(2) and 105(2) of the Constitution are set out in Schedule 3. ' ' · · · · · Repeal of laws · 30 ·. ··. repealed, · :.: ... 115. (I) Subject to subsection (2), the laws mentioned in Schedule. 4 are hereby ·· (2) Anything done in terms of a provision of any law repealed by subsection (1) and which could be done in terms of a provision of this Act, must be regarded to have been · done in terms of the last-mentioned provision. · .,: ,. ·. · : ~ · "· - ··. ·. ·- ,·._ : - · · · · .: ,- . 35 :. •. ,.·, Act binds State

116. This Act binds the State except in so far as criminal liability is concerned . · .. ·; .-. '· ; . ' . . . Application of Act when in conflict with other laws· ·

117. If any conflict arises between a provision of this Act and a provision of any other law, except the Constitution or an Act of Parliament expressly amending this Act, the · 40 provision of this Act prevails. ·. ~ · ' I Short title and commencement 118. ( 1) This Act is called the Electoral Act, 1998. 70 · · No. 19351 • Act No •. 73, 1998 · GOVERNMENT GAZETIE, 14C>CTOBER 1998., ELECTORALACT, 1998 ·; (2) Subject to subsection (3), this Act.takes. effect onsa·:date detetroihed ·by.the • .President by proclamation in the Government Gazette. · (3) Section 3( c) must take effect .on a later date than the remaind~r of this Act. 72:' No. 1935L/ Act No. 73, 1998 . 1: GOVERNMENTG~140CTOBER 1998 .' ELECI'ORALACT;l998T. " SCHEDULE l:. , . ELECTION. TIMETABLE · (Section 20) The Electoral Commission hereby gives notice that it has in tenns of section 17 of the Electoral Act, 1998, detennined the election timetable set out below to apply to the ...................................................................... (particulars of relevant election) that will be held on ................................... (date(s)). (A reference to "section" in this election timetable is a reference to that section of the Electoral Act, 1998.) Cut-oft' time for act to be performed

1. An act required in terms of this Act to be performed by not later than a date stated in the election timetable must be performed before 17:00 on that date. Cut-oft' date for publication of voters' roll

2. By ... [day/month/year}, the chief electoral officer must publish the voters' roll or the segments of the voters' roll to be used in this election in terms of section 24(2). Notice that list of addresses of voting stations is available for inspection

3. The chief electoral officer must give notice by ... [day/month/year) that from the date of the notice until the voting day copies of a list containing the addresses of all voting stations will be available for inspection. Cut-off date for submission of list of candidates

4. Registered parties that intend to contest this election must nominate and submit a list of their candidates for the election to the chief electoral officer in the prescribed manner by ... [day/month/year]. Notice of non-compliance S. (1) The chief electoral officer must notify a registered party that has submitted a list of candidates in terms of section 27 but has not fully complied with that section, of that non-compliance by ... [day/month/year]. (2) If the notified party takes the opportunity to comply with section 27, that party must do so by ... [day/month/year]. Inspection of lists of candidates and accompanying documents

6. The chief electoral officer must give notice by ... [day/month/year], that from the date of the notice until •.. [day/month/year], copies of the following documents will be available for inspection: The lists of candidates and accompanying documents submitted by registered parties in terms of section 27, as amended and supplemented in terms of section 28. Cut-oft' date for objections

7. Any person, including the chief electoral officer, may object to a candidate to the Commission in the prescribed manner by ... [day/month/year]. Decision of objections

8. The Commission must decide an objection under section 30, and must notify the objector and the registered party that nominated the candidate of the decision in the prescribed manner by ... [day/month/year]. 74· . No. 19351 Act No •. 73, 1998 GOVERNMENT GAZETIE, 14 OCTOBER 1998 r ELECTORALACT, 1998· Cut-olf date for appeals against decisions ··

9. The objector or the registered party,who nominated the candidate may appeal against a decision of the Commission in terms of section 30(3) to the Electoral Court in the prescribed manner by ... [day/month/year]:· DeciID,ng appeals ,

10. The Electoral C<;iurt must consider and decide an appeal brought undei; section· 30( 4) arid notify th<: 'parties to the ,appeal, and, t_he chief.elec~or~l_ officer. of the ~e~i~i~!l .. in the prescribed manner by ... [day/month/ye111']'. , · · List of parties and candidates entitled to contest ~lection and final list of candid.ates .. ·~ \ ~ , . • • , • , t • .·~ • ... >. • • O > L ~ · - ' . • 0 ' )

11. By ... [day/month/year], the chief electoral_ officer~.. , ' (ar must give effect to a decision' of the Comlnissiori in terms' of scction'30(3) or : . ( b) must compile a list of the registered parties entitled to contest the election and · . a deeisfon'Of the Eleetoral Court in terins' ofSection 30(5); and .. . .: , .. . . the final list of candidates for each of thos~ parties~ ... ls~ue o~ certificate to candidat~ ... 12: ·By· •.• [day/month/year], the' 'chief electoral officer must jssue in the' prescribed '· manner to each candidate on a final list of candidates a certificate stating that the persoh ' ·· is a candidate in this election. . . • .• - ' . t Determination of boundaries of voting stations _ . 13. By ..• [daylriioriilityear], 'die chiefetectoral officer niust' determine the bouridru-Y of · every voting station. Prescribing of voting hours • " : ' • •• • I • •

14. By ..• [day/month/year]; the Commission must prescribe the voting hours for this . • ' ' • • • · ' ' , · - ' • . ' _ ;- • >• 1 ·, ., ' • • ··~ - • ; - i "" I election: .. Notice of route of mobile voting stations lS. If the Commission decides. to use mobile voting stations in the election, the chief electorat 'officer mus.t give. notice ~Y .. : [day/month/year] ~f the :~ute,' inchidi~g, ~~ · locations and estimated tiines of stopping of each mobile voting station.· · ' . '. ·'. - : .. '. . ',• ' . ·: . ; /--. 1: f · · · . . -; _ ~' -' -• • . . . . .· 76".', No. 19351. GOVERNMENT GAZETTE; 14 OCTOBER 1998 · ·~ Ad No. 73, 1998 I J' ' ELECTORAL ACT, ·J99l SCHEDULE 2 "' ELECTORALCODEOFCONDUCT .: , -(Section 99):. • . Purpose or Code 1~ The purpose of this Code is to promote con.~tiorts that are conducive_ to free and fair elections,. including,;.... tolerance of democratic political activity; and~,- ; ·: (a) (b) free political campaigning and open public debate. Promotion or Code

2. Every registered party. and every candidate bound f?y this Code must-:1 ''"(a)> promote. the purpose of .the Code.when conducting an election· : · · (b) publicise the Code.widelyin any· election campaigns; and;/ • ·, - ( c) · · · promote and support efforts in terms of ,this. Act to educate :vote~. ·• Compliance with Code and electoral laws

3. Every registered party and every candidate must . . : (a) "comply .with this Code; : i - ~i (b)., instruct~~: · · (CJ (i) in the case of a party, its candidates, persons who ho.Id political .office in,: the party, and its representatives, members and supporters, to comply with this Code and any applicable electoral laws; or:• . ·~ (ii) in the case of a candidate, the representatives and supporters of the candidat~ to.comply~with this Code and any applicable electoral laws; take all reasonable steps to ensure- (i) in the case _of a party, that its candidates, persons who hold political office in the party, and its representatives, members and.supporters~ ~amply.'i with this Code and any applicable electoral laws; or , (ii) ,,in the case of a candidate, that the representatives and supporters of the candidate comply with this Code and any applicable electoral laws: Public commitment 4. (1) Every registered party and every candidate must-. · (a) r publicly .state that everyone. has the right"."'"'.'"· , ~ (i) ; to freely express their political beliefs and opinions; (ii) to challenge and debate the political beliefs and opinions of others; ,: (iii) to publish and distribute election and campaign materials, including notices and advertisements; (iv) to lawfully erect banners, billboards, placards and posters; (v) to canvass support for a party or candidate; (vi) to recruit members for a party; (vii) to hold public meetings; and (viii) to travel to and attend public meetings; and (b) publicly condemn any action that may undermine the free and fair conduct of elections. (2) Every registered party and every candidate must accept the result of an election or challenge the result in a court. 78· No. 19351· GOVERNMENT GAZETIE, 14 OCIDBER 1998 Act No. 73, 1998. ELECTORALACT, 1998 ·· . Duty to co-operate

5. Every registered party and every candidate must liaise with other parties contesting an election and endeavour to ensure that they do not call a public meeting, march, demonstration, rally or any other public political event at the same time and place as that called by another party contesting the election. Role of women

6. Every registered party and every candidate must-'- ( a) respect the right of women to communicate freely with parties and candidates; (b) facilitate the full and equal participation of women in politicaI·activities: (c) ensure the free access of women to all public political meetings, marches, demonstrations, rallies and other public political events; arid . . .. · take all reasonable steps to ensure that women are free to engage in any · political activities. · ( d) · · Role of Commission

7. Every registered party and every candidate must-· · (a) recognise the authority of the Commission in the conduct of an election; (b) assure voters of the Commission's impartialiry; · (c) give effect to any lawful direction, instruction or order of the Commission, or a member, employee or officer of the Commission; or the chief. electoral officer; · · · .. · · · · · . (d) establish and maintain effective lines of communication with ' .. · (i) . the Commission; and, - (ii) . other registered parties contesting the election; · ·, ( e) facilitate the access of members, employees and officers of the Commission, . · and the chief electoral officer, to public meetings, marches, demonstrations, rallies and other public political events of that party or candidate; (j) co-operate in any investigation of the Commission; (g) take all reasonable steps to ensure- · :" ·-· ;. . · ·:" ., · ~ - (i) . · the safety of members, employees and officers of the Commission, and the '. chief electoral . officer,. in the exercise of any power or ihe . perfonnance of any duty assigned by or under this Act;, ·· •. : (ii) that persons referred to in subparagraph (i) are not subjected to insult, · hazard or threat by any representatives or supporters of that party or candidate: and · · < · (iii) that representatives of that party or candidate attend meetings of any party liaison committee or other forum convened by the Commission. · • Role of media

8. Every registered party and every candidate- . · (a) must respect the role;of.the media before, during and after ari · t;lection conducted in terms of this Act: ... · , . . . (b) ,, may not prevent access by members of the media to public political meetings, marches, demonstrations and rallies; and· : ··~ <: .· .;' :. ' , •· ( c) · must take all reasonable steps to ensure that journalists are not subjected to harassment, intimidation; haiard,_ threat or physical assault by any of their representatives or supporters. Prohibited conduct · .· , .>>'' 9. ( 1) No registered party or candidate may- · (a)' use language or act in a way that may provoke- · ·,. 80 No. 19351 GOVERNMENTGAZETIE, 14OCIDBER1998 Act No. 73, 1998. ·: ELECTORAL ACT, 1998 ', (i) violence during an election; or (ii) the intimidation of candidates, members of parties, representatives or supporters of parties or candidates, or voters; (b) publish false or. defamatory allegations in connection with an. election in respect of-:-· (i), a party, its .candidates, representatives. or members; or. . (ii) a candidate or that candidate'.s representatives; . . · (c) plagiarise the symbols, colours or acronyms of other registered parties; or ( d) discriminate on the grounds of race, ethnicity, sex, gender, class or religion in; · connection with an election or political activity. (2) No person may- . . (a) . ~ffer any inducement or reward to another person-· .. . '' ''' (ij to join or not to jofo a party;'. ' ' '• ' other public political event; . (ii) ·to attend or not to attend a public meeting, march, demonstration, rally or '(iii). :to' ~ote or notto vote,' or to ~o~e or riot t,6 :vote in any particular way; or (iv)· to refuse a nomination as a candidate or to withdraw as a candidate; or . . ( b) ' carr{oi'display arms or weapons- (i) at a political meeting; or (ii) in any march, demonstration, rally or other public political event; . (c) unreasonably prevent any other person access to voters for the· purpose cif' . ' '' . ' ' ' voter education, collecting. signatures, recruiting members, _raising funds or canvassing support for a party or candidate; . " ' -" : other ~lec.;tiori materials of a party or'c~didilte; 'or : _. : ·. ·•. ( d) deface or unfawfully remove or destroy the billboards, placards, posters or any .· ':. ' ' '' , ,; , . ''' .. . ' . : · ( e) abuse a· position of power;. privilege. or ·influence, including. parental, patriarchal, traditional or employment authority' to influence' the conduct or outcome of an election. '· · · · · . . ~ Additions to Code · ....

10. The Commission may by regulations made in .terms of section 100 add provisions · to this Code. · .·· · ; ·· · · · ··· . ,;._· . . 82 . No. 19351 GOVERNMENT GAZETTE, 14 OCTOBER 1998 Act No. 73, 1998 · · ELECTORALACT. 1998 .SCHEDULEJ COMPOSITION OF NATIONAL ASSEMBLY AND ·PROVINCIAL LEGISLATURES (Section 114) Formula for determining number of members of National Assembly : 1. (1) By taking into account available scientifically based data and representations by interested parties, the number of seats of the National Assembly must be determined by awarding one seat for every 100 000 of the population with a minimum of _350 and ·a maximum of 400 seats. (2) If the total number of seats for all provindal legislatures determined in terms of item 2 exceeds 400, the number of seats for the National Assembly may not be less than 400. . Formula for determining number of members of provincial legislatures

2. By taking into account available scientifically based data and representations by interested parties, the number of seats of a provincial legislature must be determined by awarding one seat for .every 100000 of the population whose ordinary place of residence is within that province, with a minimum of 30 and a ma.Xi.mum of 80 seats. Commission responsible for determination of seats · 3. (1) The determination of seats contemplated in items 1 and 2 must be completed by the Commission not lat.er than 31 March 1999. (2) The Commission must give notice in the Government Gazette of the time and date on which, and the venue where, the determination is to take place, and must afford interested parties ·an opportunity to make representations before the determination is made. · Determination to be published in Government Gazette 4. ·A determination made_. in terms of this Schedule must be published in the Government Gazette within 14 days of the determination, and takes effect on the date it is published. 84., No. 19351 · GOVERNMENTGAZETIE, 140CTOBER 1998 ; Act No. 73~ 1998 .. ELECTORAL ACT, 1998 · SCHEDULE4 REPEAL OF LAWS . (Section 115) Title Electoral Act, 1993 Elettoral Afriendment Act, 1994 No. and year of law Act No. 202 of 1993 Act No. 1of1994 : PrOclamation No. 65 of 1994 .· , ·' .. Proclamation No. 69 of 1994 Proclamati~~ No. 73 ~f '1994 Proclamation No. 85 of 1994 Proclamation No. 91of1994 Act No. 20of1997 Elec1~'ra1 Amendment Act, 1997