Local Government: Municipal Electoral Amendment Act 14 of 2010
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions.
This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages.
REPUBLIC OF SOUTH AFRICA
Vol. 546 Cape Town 1 December 2010 No. 34009
THE PRESIDENCY No. 1147 1 December 2010
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 14 of 2010: Local Government: Municipal Electoral Amendment Act, 2010.
2 No.34009 GOVERNMENT GAZETIE, l DECEMBER 2010
Act No. 14 of 2010 LOCAL GOVERNMENT: MUNICIPAL EL.ECTORAL AMENDMENT ACT, 2010
GENERAL EXPLANATORY NOTE:
[ 1 Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with a solid line indicate insertions in existing enactments.
(English text signed by the President.) (Assented to 29 November 2010.)
ACT To amend the Local Government: Municipal Electoral Act, 2000, so as to supplement promions relating to the election timetable and insert a related Schedule to the Act; to amend provisions relating to nomination of candidates; to provide for central payments of deposits by a party whicb contests election in more than one municipality; to empower presiding ofticers to alter boundaries of voting stations, if necessary; to revise provisious relating to number of party agents at a voting station; to clarify tbe rights and responsibilities relating to assistance to certain voters; to provide for special votes and the procedure related thereto; to enhance the powers and functioos of tbe Electoral Commission and the Electoral Court in relation to the determination and declaration of tbe result of an election; to provide for further regulation of objections material to the result of an election; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:- Amendment of section 11 of Act 27 of 2000
1. Section 11 of the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000) (hereinafter refened to as the principal Act), is hereby amended by- 5
(a) the substitution in s ubsection (1) for paragraph (a) of the following paragraph: "(a) comp.ile a timetable for the election in accordance with Schedule 3;
and"; and (b) the addition of the following subs.ection:
" (3) Any act required to be performed .in terms of this Act must be I 0 performed by no later than a date and time stated in the election timetable.".
Amendment of section 14 of Act 27 of2000
2. Section 14 of the principal Act is hereby amended by- ( a) the substitution in subsection (1) for paragraph (a) of the following paragraph: 15
4 No. 34009 GOVERNMENT GAZETIE, I DECEMBER 2010
Act No. 14 of 2010 LOCAL GOVERNMENT: MUNICIPAL ELECTORAL AMENDMENT ACf. 2010
"(a) in the prescribed format and signed by the party's duly authorised representative-
(i) a notice of its intention to contest the election; [and] (ii) a party list; [and]
(iii) an undertaking binding the party, its candidates, persons 5 o ding politica or executive o ce m e party, its
representatives, members and supporters, to the Code; and (iv) a declaration that none of the candidates on the party list is
disqualified from standing for election in terms of the Constitution or any applicable legislation; and"; 10
(b) the substitution in subsection (3) for paragraph (b) of the following paragraph: "(b) a [tertified] copy of that page of the candidate's [identification]
identity document on which the candidate's photo, name and identity number appear.";
(c) the substitution for subsection (4) of the following subsection: 15 "(4) If a party omits to attach to its party list [all] any of the documents
mentioned in subsection (3), the Commission must- ( a) notify the party in writing by no later than the relevant date and time
stated in the election timetable; and (b) allow the party to submit the outstanding documents to the office of 20
the Commission's local representative by [not] no later than [a] the date and time stated in the election timetable.";
(d) the substitution for subsection (5) of the following subsection: "(5) The Commission must remove from a party list the name of a
can 1 ate- 25 (a) in respect of whom any outstanding document has not been
submitted by the date and time referred to in subsection (4); and (b) who is not registered as a voter on that municipality's segment of
the voters' roll."; and (e) the addition of the following subsection: 30
"(6) The Commission must notify the party of the removal of the name of the candidate contemplated in subsection (5).".
Insertion of section 14A in Act 27 of 2000
3. The following section is hereby inserted after section 14 of the principal Act:
"Central payments of deposits
14A. (l)A contesting elections under section 14 in more than one mumcip ity on the same ay may also pay the required deposits to e Commission at the Coriunission's national office at the prescribed address.
(2) Payments must be made by bank guaranteed cheque before the cut-otf time for . the submission of party lists and every cheque must be 40 accompanied by a notice in the prescribed form specifying the details of each municipality to which the deposits apply.".
6 No. 34009
Act No. 14 of 2010
GOVERNMENT GAZE!TIE, I DECEMBER 2010
LOCAL GOVERNMENT: MUNICIPAL ELECTORAL AMENDMENT ACT, 2010
Ameadaent of section 17 of Act 27 of 2000
4. Section 17 of the principal Act is hereby amended by- ( a) the substitutioo for subsectioo (2) of the following subsection:
"(2) 'The following must be attached to a nomination when [the nominatioo] it is submitted [to tbe Commission): 5 (a) In the ~of an independent ward candidate, a prescribed form
with the signatures of at least 50 voters whose names appear on the municipality's segment of the voters ' roll for any voting district in the contested ward;
(b) a prescribed acceptance of nomination signed by the [ward] 10 candidate;
(c) a [certffied] copy of the page of the candidate's [identifieation] identity document on which the candidate's photo, name and identity number appear; [and)
(d) a deposit equal to a prescribed amount, if any, payable by means of 15 a bank guaranteed cheque in favour of the Commission;
(e) a prescribed undertalcing, signed by the candidate, to be'-1-:--~-., the Code; and
(/) a prescribed declaration, signed by the candidate, that he or she is not disqualified from standing for election in terms of the 20 Constitution or any app]jcable legislation.";
(b) the insertion after subsection (2) of the following subsection: "(2A) If any document mentioned in ara phs (b) and (c) of
subsection ( mmtssJon must- 25 (a) notify the nominating party or person in writing by no later than the
date stated in the election timetable; and (b) allow the nominating party or person to submit the outstanding
document by no later than a date st