ELECTORAL ACT‘ NO. 73 OF 1998 - SAFLII Home | …

1 STATUTES OF THE REPUBLIC OF SOUTH AFRICA-ELECTIONS ELECTORAL ACT NO. 73 of 1998 [ASSENTED TO 12 OCTOBER, 19981 [DATE OF COMMENCEMENT: 16 OCTOBER, 19981 (Unless otherwise indicated) (English text signed by the President) as amended by Local Government: Municipal ELECTORAL Act, No. 27 of 2000 ACT To regulate elections of the National Assembly, the provincial legislatures and munici- pal councils; and to provide for related matters. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. CONTENTS CHAPTER 1 INTERPRETATION, APPLICATION AND ADMINISTRATION OF ACT Definitions Interpretation of this Act Application of this Act Administration of this Act CHAPTER 2 REGISTRATION OF VOTERS, AND VOTERS ROLL National common voters roll Persons who may apply for registration as voter Applications for registration as voter Registration Applications to change registration details Applications for deregistration as voter Amendments to voters roll by chief ELECTORAL offcer Notification by chief ELECTORAL officer Appeal against decisions and steps of chief ELECTORAL officer General registration of voters Objections to voters roll Publication and copies of voters roll CHAPTER 3 PROCLAMATION OF AND PREPARATIONS FOR ELECTIONS Part I.]]

2 Proclamation of elections Proclamation of elections of National Assembly Proclamation of elections of provincial legislatures i9. Frociamation of municipai elections (Issue No 36) 801 STATUTES OF THE REPUBLIC OF SOUTH AFRICA-ELECTIONS '!ecty"..-c! .Act, Np. 71 of 1 998 20. Election timetables 2 I. General postponement of elections 22. Postponement of voting at voting station 23. Revote at voting station Part 2: Voters's011 24. Voters' roll for election 25. Voters' roll for fist election of National Assembly and provincial legislatures Past 3: Parties contesting election, and lists of candidates 26. Requirements for parties to contest election 27. Submission of lists of candidates 28. Non-compliance concerning submission of lists of candidates 29. Inspection of copies of lists of candidates and accompanying documents 30.

3 Objections to lists of candidates 3 1. List of parties entitled to contest election and final lists of candidates 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 CHAPTER 4 ELECTIONS 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. Part 1: Voting Officers at voting stations Hours of voting Initial procedures Voting procedure Assistance to certain voters Issue of new ballot papers Objections concerning voting Sealing of full ballot boxes Completion of form and sealing of voting materials Mobile voting stations More than one election on same day Part 2: Counting of votes at voting station 46. Place and time of counting of votes 47. Counting of votes and determination of provisional results 48. Objections concerning sorting of ballot papers 49.

4 Objections concerning counting of votes and determination of provisional results 50. Procedure cocr,crr,ing provisional results and voting materials 803 STATUTES OF THE REPUBLIC OF SOUTH AFRICA-ELECTIONS ELECTORAL Act, No. 73 of 1998 Part 3: Counting ofvotes at place other than voting station 5 1. Application of Part and procedures 52. Verification procedure 53. Objections concerning verification procedure 54. Application of certain sections in Part 2 Part 4: Objectiolzs material to final results of election 55. Objections material to final results of election 56. Powers of Commission and ELECTORAL Court Part 5: Determination and declaration offinal result of election 57. Determination and declaration of final result of election CHAPTER 5 AGENTS 58. Appointment of party agents 59. Powers and duties of agents 60. 61. 62.

5 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. CHAPTER 6 ADMINISTRATION Part 1: Voting districts Establishment of voting districts Factors for determining voting district boundaries Consultation with party liaison committee Inspection and copies of maps of voting districts Part 2: Voting stations Establishment of voting stations Relocation of voting stations in emergencies Organisation of voting stations Mobile voting stations Part 3: Voting materials Ballot papers Ballot boxes Voting compartments Voting materials Part 4: Appointment ofoficers, additional persons and institutions, and their powers and duties Appointment of presiding officers Powers and duties of presiding officers Appointment of voting officers Powers and duties of voting officers 76. Appointment of counting officers STATUTES OF THE REPUBLIC OF SOUTH AFRICA-ELECTIONS *"I clnctnvnl u.

6 1 Art .-., 1 hln .-. 73 nf 1 QQR -J -__- 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. 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 appointment of officers General provisions concerning appointment of institutions Part 5: Accreditation of observers and persons providing voter education Accreditation of observers Powers and duties of accredited observers Accredltation of persons providing voter education CHAPTER 7 GENERAL PROVISIONS P art 1: Prohibited conduct Undue influence Impersonation Intentional false statements Infringement of secrecy Prohibitions concerning voting and election materials Prohibitions concerning placards and billboards during election Obstruction of, or non-compliance with, directions of Commission, chief ELECTORAL officer and other officers Contravention of Code Part 2: Enforcement Institution of and intervention in civil proceedings by chief ELECTORAL officer Jurisdiction and powers of ELECTORAL court Part 3: Offences and penalties Offences Penalties Part 4.

7 Additional powers and duties of Commission ELECTORAL Code of Conduct and other Codes Regulations Assignment of powers and duties by Commission Assignment of powers and duties by chief ELECTORAL officer Powers to decide objections and appeals Access to private places Ownership of voting and election materials, and disposal Return or forfeiture of deposit 807 STATUTES OF THE REPUBLIC OF SOUTH AFRICA-ELECTIONS Eiectorai iicc, So. 73 of i 996 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 1. 2. 3. 4. 5. 6. 7. 8. 9. ,n IW. Prohibition on certain political activities Prohibition on publication of exit polls Effect of certain irregularities Inspection and copying of documents Prohibition on certain strikes and lockouts Limitation of liability Composition of National Assembly and provincial legislatures Repeal of laws Act binds State Application of Act when in conflict with other laws Short title and commencement SCHEDULE 1 ELECTION TIMETABLE Cut-off time for act to be performed Cut-off date for publication of voters roll Notice that list of addresses of voting stations is available for inspection 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

8 Deciding appeals List of parties and candidates entitled to contest election and final list of candidates Issue of certificate to candidates Determination of boundaries of voting stations Prescribing of voting hours Notice of route of mobile voting stations SCHEDULE 2 ELECTORAL CODE OF CONDUCT Purpose of Code Promotion of Code Compliance with Code and ELECTORAL laws Public commitment Duty to co-operate Role of women Role of Commission Role of media Prohibited conduct Additioiij to Code 809 s. 1 STATUTES OF THE REPUBLIC OF SOUTH AFRICA-ELECTIONS r J--~ 4-1 Ar- 72 ,ClOOQ , /lL , ,vu. id WJ I//U F,. r SCHEDULE 3 COMPOSITION OF NATIONAL ASSEMBLY AND PROVINCIAL LEGISLATURES 1. Formula for determining number of members of National Assembly 2. Formula for determining number of members of provincial legislatures 3. Commission responsible for determination of seats 4.

9 Determination to be published in Government Gazette SCHEDULE 4 REPEAL OF LAWS CHAPTER 1 INTERPRETATION, APPLICATION AND ADMINISTRATION 1. this Act, unless the context otherwise indicates- agent means a person appointed in terms of section 58; chief ELECTORAL officer means the person appointed in terms of section 12 (1) of the ELECTORAL Commission Act and includes any person designated to act in that capacity in terms of section 12 (3) of that Act; Code means a Code issued by the Commission under section 99, and includes the ELECTORAL Code of Conduct; Commission means the ELECTORAL Commission, established by section 3 of the ELECTORAL Commission Act; counter means a person appointed in terms of section 78; counting officer means a person appointed in terms of section 76; election means- (a) an election of the National Assembly; (b) an election of a provincial legislature.

10 Or (c) an election of a municipal council or a by-election for a municipal council; election timetable means a timetable for an election published by the Commission in terms of section 20; ELECTORAL ELECTORAL 1996); ELECTORAL sion Act; Code of Conduct means the Code contained in Schedule 2; Commission Act means the ELECTORAL Commission Act, 1996 (Acr No. 5 1 of Court means the Court established by section 18 of the ELECTORAL Commis- identity document means an identity document issued after 1 July 1986, in temx of section 8 of the Identification Act, 1986 (Act No. 72 of 1986), or a temporary identity cer- tificate issued in terms of the Identification Act, 1997 (Act No. 68 of 1997); list of candidates means the list of candidates referred to in section 27; municipal council means a municipal council referred to in Chapter 7 of the Constitw e.