Municipal Electoral Act [No. 27 of 2000]
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REPUBLIC OF SOUTH AFRICA
GOVERNMENT GAZETTE
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Registered at the Post Ofice as a Ne}vspaper
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VOL. 421
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CAPE TOWN, 11 JULY 2000 ~o;~-~.g.G7
THE PRESIDENCY
No. 700. 11 July 2000
It is hereby notified that the President has assented to the following Act which is hereby published for general, information:—
No. 27 of 2000: Local Government: Municipal Electoral Act, 2000.
[’4(> ;.~.3 e”! (X.) WR?JMEiW GAZFHTE, [ I JULY 2000 . _ _ _ _ _ _ _ _ _ _—. —
Act No. 27,2000 LOCAL GCtVERNMENT MUNICIPAL ELECT(IRAL ACT, 2000
(English text signed by the President.) (Assented to 6 July 2000.)
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ACT To regulate municipal elections; to amend certain laws; and to provide for matters connected therewith.
B E IT ENACTED by the Parliament of the Republic of South Africa, asfollows:— TABL~ OF CONTENTS
CHAPTER 1
INTERPRETATION, APPLICATION AND ADMINISTRATION OF ACT 5
1. 2. 3. 4.
5. 6. 7. 8. 9. 10.
II. 12.
13. 14. 15.
16, 17.
Definitions Interpretation of this Act This Act to regulate municipal elections Administration of this Act
CHAPTER 2
VOTERS’ ROLL AND ELECTION DATE
National common voters’ roll to apply to municipal elections Segments of voters’ roll to be used in election Who may vote Postponement of elections Postponement of voting at voting station Revote at voting station
CHAPTER 3
PREPARATIONS FOR ELECTION
Part I: Election timetable and appointment of Iocal representatives
Election timetable Appointment of local representatives
Part 2: Parties contesting election and submission ofparty lists
Parties contesting elections Requirements for parties contesting election by way of party lists List of parties contesting election by way of party lists and certification of party lists
Part 3: Ward candidates
Nolminaticm of ward candidates Requirements for ward candidates to contest election
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GO\ ’ERS31EXT G,\ Z~;TTE. II JCL}’ ?()()() N(). 21307 .;
I.(K’/\I. CX.3VERXJ1EXT 11[’NICI}’,AI. E1.ECT0R41 ,\ CT. 2000 Act NO. 27.2000
Is.
19. ?()-.
21. ~~,
23. ?4- . ?5. ?6.
17. 28. 29. 30, 31. 32, 33, 34. 35. 36. 37. 38. 39. 40.
41. 42. 43.
44. 45. 46. 47. 48. 49. 50. 51, 52. 53. 54. 55.
List of ward candidates [o contest wwxi elec[i(m
Part 4: Vbting statiom
Establishment of \oting stations Reloc~tion of Jotin: stations Boundaries of voting stations h{obile voting stations
Part 5: Voting materials
B~llot papers Bullet boxes Voting compartments Voting materials
Part 6: O@cers, additional persons, i!tstitations and agents
Appointment of presiding oficers Powers and duties of presiding officers Appointment of \$oting 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 pro\’isions concerning appointment of officers General provisions concerning appointment of institutions Appointment of agents Powers and duties of agents and candidates within voting station
CHAPTER 4
OBSERVERS AND VOTER EDUCATION PROVIDERS
Accreditation of observers Powers and duties of accredited obser~)ers Accreditation of persons providing voter education
CHAPTER 5
VOTING
Ofiicers at voting stations Hours of voting Initial procedures Voting procedure Assistance to certain voters Issue of new ballot papers Marking of hand Objections concerning voting Sealing of ballot boxes Completion of ballot paper statement and sealing of voting materials Voting procedure for mobile voting stations General
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Act No. 27, 2000 LOCAL GOVERNMENT MUNICIPAL ELECTORAL ACT, 2000
CHAPTER 6 ‘~
COUNTING
!56. 57. 58. 59. 60. 61. 62. 63. 64. 65.
Commencement of counting procedures Place and time of counting of votes Verification procedure Objections and appeals concerning verification Counting of votes Rejection of ballot papers Objections concerning sorting of ballot papers and counting of votes Procedure concerning results and voting materials Determination and declaration of result of election Objections material to declared results of election
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CHAPTER 7
GENERAL PROVISIONS
15Part 1: Prohibited conduct
Contravention of Code Undue influence Impersonation Intentional false statements Infringement of secrecy Z()
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 Temporary obligations 25 Prohibition on certain political activities Prohibition on publication of exit polls
66. 67. 68. 69. 70. 71. 72. 73.
74. 75. 76.
Part 2: Enforcement
77. 78.
Institution of and intervention in civil proceedings by chief electoral officer Jurisdiction and powers of Electoral Court 30
Part 3: Offences and penalties
79. 80.
Offences Penalties
Part 4: Other general provisions
81. 82. 83. 84. 85. 86.
Access to private places Ownership of voting and election materials, and disposal Return or forfeiture of deposit Effect of certain irregularities Inspection and copying of documents Prohibition on certain strikes and lockouts
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Part 5: Codes of conduct and reglilations
87 88 89
Electoral Code of Conduct Other Codes Regulations
Part 6: Delegation of powers and assignment of duties by Commission 45 and ch iej- electoral oficer
90 Delegation of powers and assignment Of duties by Commission
GO\’ERN\lENT G.-\ ZETTE. II .I1;I.} 20(K) NC). 213(17 5
l. OC.\l. GOVERN hlENT. kl[”NICII’.Al. E[.I:CTOKA[. ACT. 2000 A Ct No. 27, 2000
91. Deiega[ion of powers and tissignnwnt ot’ du[ies by chiet’ electoral officer 92. Decision of objections and ~ppeals
Pari 7: A’liscellaneozis
93. Amendment of laws 94. Application of Local Government Trimsi[ion Act. 1993 95. Act binds State 96. Short title
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CHAPTER 1
INTERPRETATION, APPLICATION AND ADMINISTRATION OF ACT
Definitions 10
1. In this Act, unless the con[ext otherwise indicates— “agent” means a person appointed as an agent in terms of section 39; “assignment”, in relation to a duty, includes an instruction to perform the duty. and “assign” has a corresponding meaning; “ballot”. in relation to— (a) an election where a voter in terms of item 8(1) or 9(2) of Schedule 1 or item
3(a) of Schedule 2 to the Municipal Structures Act is entitled to cast one vok only, means a bailot conducted at a voting station to enable voters to cast that vote in the election; or
(b) an election where a voter in terms of item 9(1) of Schedule 1 or item 3(17) of Schedule 2 to the Municipal Structures Act is entitled to cast more than one vote, means each of the separate ballots conducted at a voting station to enable voters to cast those votes in the election:
“candidate” means a party or ward candidate: “chief electoral officer” means the chief electoral officer 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) the Electoral Code of Conduct; and (b) any other Code issued by the Commission under section 88; “Commission” means the Electoral Commission, established by section 3 of the Electoral Commission Act; “Constitution” means the Constitution of the Republic of South Africa. 1996 (Act No. 108 of 1996); “counter” means a person appointed as a counter in terms of section 33; “counting officer” means a person appointed as a counting ot%cer in ternls of section 31; “district management area” means an area as defined in the Municipal Structures Act: “election” or “municipal eiection” means- (a) an election of a municipal council; or (b) a by-election for a municipal council or in a ward; “Electoral Act” means the Electoral Act, 1998 (Act No. 73 of 1998); “Electoral Code of Conduct” means the Code contained in Schedule 1; “Electoral Commission Act” means the Electoral Commission Act, 1996 (Act No. 51 of 1996); “Electoral Court” means the Court established by sec~ion 18 of the Electoral Commission Act; “identity document” nleans— (a) an identity document issued after 1 July 1986, in terms of section 8 of the
repealed Identification Act, 1986 (Act No. 72 of 1986); or (b) a temporary identity certificate issued in terms of the Identification Act. 1997
(Act No. 68 of 1997); “lotal representative “, in relation to the Commission, means a local representa- tive of the Commission appointed in terms of section 12; “MIZC” means the member of an Executive Council of a province responsible for local government in the province:
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Act No. 27, 2000 LOCAL GOVERNMENT NIUNICIP.4L ELECTORAL ACT. 2000”
“Minister” means the Minister for Provincial and Local Government; “municipal council” or “council” means a municipal council referred to in section 18 of the Municipol Strictures Act; “municipality”- (a) as a corpomk entity, means a municipality established in terms of Chapter 2
of the Municipal Structures Act; and (b) as a geographical area, means an area determined in terms of the Local
Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998): “Municipal Structures Act” means the Local Government: Municipal Structures Act, 1998 (Act No. 117 Of 1998); “otlicer” means— (a) a local representative of the Commission: (b) a presiding officer; (c) a voting otlicer: (d) a counting officer: (e) a counter; or V) any other person appointed in terms of section 35; “party” or “registered party” means a party registered in terms of Chapter 4 of the Electoral Commission Act; ‘“party candidate” means a person whose name appears on a party list; “party list” means a list of candidates proposed by a party for [he purposes of the election of members of a municipal council to proportionally represent parties in the council either in relation to the municipality or in relation to a district management area; “political office”, in relation to a party, means any office in the party to which a representative of the party is elected or nominated, whether involving remunera- tion or not, or any other paid otfice in the party to which a person is appointed: “prescribe” means prescribe by regulation in terms of section 89 and “’pre- scribed” has a corresponding meaning; “presiding othcer” means a person appointed as a presiding officer in terms of section 27; “security services” means the security services of the Republic referred to in section 199( 1) of the Constitution; “serve” means- (a) to send by post, telegram, telex, telefax or e-mail: or (b) to deliver by hand: “this Act” includes a Code and any regulations made in terms of section 89: “timetable”, in relation to an election, means a timetable for an election published by the Commission in terms of section 11: “voter” means a person whose name appears on the voters’ roll; “voters’ roll” means the national common voters’ roll compiled and tnaintained in terms of the Electoral Act: “voting day” means the day on which voting in an election tokcs or is to take place; “voting district” means a voting district established in terms of section 60 of the Electoral Act: “voting oflicer” means a person appointed as ~ voting otlicer in ternls of section ~9; “voting station” means a toting station established in terms of’ section 19; “ward” means u ward mentioned in item 2 of Schedule 1 [o the ~Iunicip:ll 50 Structures Act: “ward candidate” means a candidate nominated in term$ of section 16 to contest an election in a wwd, either us a candidate representing a party or Li> an independent candidate.
Interpretation of this Act 55
2. Any person interpreting or apply in: this Act mu~t- ([[) do so tn d manner th;lt gi~~, cff~~t [(J the constitutional dc~’l:lr:itions,
{TLl~L1-:lnt~es and L’cspollsibiii[ics co[][:litlcd ill [ht Con\tit Lltion; ” ~~[~d (/~) ~dw into account any applic:lblc Code.
GOVERN.ktEXT GAZF:TTE, II JLI1.Y 200() NO 213(>7 7
LOCA1. GOVERNMENT K! LXICIPAI. ELECT(3R.1[, ,ACT. 2000” Act N(). 27.2000”
This Act to regulate municipal elections
3. ( 1 ) This Act applies to all municipal elections held atler the date determined in terms of section 93(3) of the Municipal Structures Act.
(2) The Electoral Act and the regulations made in terms of thu( Act apply to municipal elections only to the extent as stated in this Act. 5
Administration of this Act
4. (1) This Act is administered by the Commission. (2) The Commission must administer this Act in a manner conducive to free and fair
elections.
CHAPTER 2 10
VOTERS’ ROLL AND ELECTION DATE
National common voters’ roll to apply to municipal elections
5. (1) The national common voters’ roll compiled and maintained in terms of the Electoral Act must be used for municipal elections.
(~) A municipality’s segment of the voters’ roll consists of the segments of the voters’ 15 roll for the voting districts falling within the municipality.
Segments of voters’ roll to be used in election
6. (1) A municipality’s segment of the voters’ roll existing on the day on which the notice calling an election is published in terms of the Municipal Structures Act, is the segment that must be used in that election. 20
(2) By not later than a date stated in the timetable for an election, the chief electoral officer must—
(a) certify the segments of the voters’ roll for the voting districts to be used in the election; and
(b) make such segments available for inspection at— 25 (i) the Commission’s head office;
(ii) the office of the Commission’s provincial representative in the province in which the election will take place: and
(iii) the office of the Commission’s local representative in the municipality in which the election will take place. 30
Who may vote
7. (1) A person may vote in an election on] y if registered as a voter on the certified segment of the voters’ roll for a voting district which falls within the municipality.
(2) A person whose name does not appear on the certified segment of the voters’ roll for a voting district and who claims to have applied for registration as a voter in that 35 voting district before or on the date of publication of the notice in terms of which the election was called, may submit to the Commission, at the address of the Commission’s local representative, or to the presiding officer of the voting station for that voting district—
(u) a sworn or solemnly affirmed statement on a prescribed form containing the 40 following particulars: (i) The full name, identity number and date of birth of that person;
(ii) that person’s finger print; (iii) the address where that person ordinarily resides; (iv) a declaration that the address is situated within the area of that voting 45
district; (v) a declaration that that person applied for registration as a voter in that
voting district before or on the date of publication of the notice; and (vi) a request that that person’s name should be included in the certified
segment of the voters’ roll for that voting district; and 50
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(h) proof that that person applied for registration as a voter in that voting district before or on the date of publication of the notice.
(3) If the Commission or the presiding officer, as the case may be, has no reason to doubt the comectness of the contents of the statement-
(a) the Commission or [he presiding officer must make an endorsement to that 5 effect on the statement; and
(b) that person must be regarded as having been registered as a voter on the cmtified segment of the voters’ roll for the voting district referred to in subsection (2)(a) (iv).
Postponement of elections 10
8. ( 1 ) The Commission may request the Minister or, in the case of a by-election, the MEC, to postpone the voting day determined for an election if the Commission is satisfied that it is not reasonably possible to conduct a free and fair election on that day.
(2) On receipt of such a request, the Minister by notice in the Government G~/xfte, or the MEC by notice in the Provincial Ga;erfe, must postpone the voting day for the 15 election to a day determined in the notice, but that day must fall within a period of 90 days of the applicable date mentioned in section 24(2) or 25(3) of the Municipal Structures Act.
Postponement of voting at voting station
9. (1) If the Commission is satisfied that it is not reasonably possible to conduct a free 20 and fair election at a voting station on the voting day, the Commission may, before voting commences at the voting station, postpone voting at that voting station [o a day determined by the Commission, but that day must fall within a period of 90 days of the applicable date mentioned in section 24(2) or 25(3) of the Municipal Structures Act.
(2) If the Commission postpones voting at a voting station, it must- ~j (a) make its decision known in any appropriate way that will ensure sufficient
publicity of the postponement and the date determined for \oting at that voting station; and
(b) if reasonably possible, prominently display a notice at the voting station for the duration of the original voting duy stating that voting has been postponed. 30
Revote at voting station
10. ( 1 ) If ballot papers used in an election at a voting station are lost, destroyed or unlawfully removed before the votes cast at the voting station have been counted, the Commission may allow a revote at that voting station on a day determined by the Commission, but that day must fall within a period of 90 days of the applicable date 35 mentioned in section 24(2) or 25(3) of the Municipal Structures Act.
(2) If the Commission allows a revote at a votioy station, it must make its decision known in any appropriate way th~t will ensure sufficient publicity of the date determined for the revote at that voting station.
(3) A reiote at a voting station must be conducted in accordance with the s.lme 40 procedures that app] ied on the voting day.
CHAPTER 3
PREPARATIONS FOR ELECTION
Part 1: Election timetable and appoitltment of local representatives
Election timetable 45
11. ( 1 ) When an election has been called. the Commission n~ust- (@ compile a timetable for the election: and (b) publish the election timetable in the Go\(r,/})]t}i[ G[,:cttc, or, in the ca.e ot’ a
by-election, in the P~~~\imit// Ga:ctr(~ of’ [he province concerned, (2) The Commission mtiy, by notice w required in ~ubwction (1 )(b). amend the 50
election timetable if— (([ I it considers it neceswy k)!- a I’rce anLi fair election: (w
cxjwmx>lm-r Ci,ALE1’TE. I I J[.’[.) 200(1” so. 2 1.3(>7 t)
1.0C,41. GO\’ El< X\l F.N7’. \ll’YICll>,+I E1.f:CT()]tinu st:~tion: w~d.
G()\ERS\l’E\T G.$. ZE1-TE. I I ILL}’ X)(i) No. 21.367 13
[.OCAL CiO\JEl+N\l EST: 51 L’NIC’ll)AI. F. LECTORAL ACT. 2000 )iCt NO. 27, 200(I”
(c) ma! exercise {he other powers ~nd must perform the other ciuties conferred on or assigned m a pr-esidin: otlicer by or under this Act:
(2) The number of pwty candidates to be allowed in a wtin: wtion is that which the presiding ofllcer cm comfortably accommodate within the voting station al any speci(ic time ha~ing due regard to the demands of a free and fair election. 5
(3) (a) Despite subsection ( 1 )(d), the presiding officer may order any person mentioned in subsection ( 1 )(d) (ii) to (v) to leave the area within the boundary of the \oting station if that person’s conduct is not conducive to a free and fair election at that votirtg station,
(h) On request by a person ordered under paragmph (a) to leave the area of a voting 10 station. the presiding ofi]cer must give that person the reasons for the order.
(4) If a person refuses to comply with an order under subsection (3)(. 213f17 17
LOCA1. GOVERNk!ENT \lL’NICIt?AL ELECTORAI. 4CT. 2[)()[) Act No. 27, 2000
(5) If an accredited observer tails to comply to a material extent with the conditions of the accreditation, the Commission may cancel that accreditation.
(6) Any person may inspect the register and copies of the certificates of accredited observers kept at the Commission’s head office.
(7) The chief electoral officer must provide a certified copy of, or extract from. that 5 register or a certificate to any person who has paid the prescribed amount.
Powers and duties of accredited observers
42. ( 1 ) A person appointed by an accredited obser}er may, in relation to the election for which that observer is accredited, observe the election and be present at any proceedings concerning voting. the counting of votes. and the determination and 10 declaration of the election results.
(’) Whils( observing an ~]ection, a person appointed by an accredited observer must wear a prescribed identification tag.
(3) A person appointed by an accredited observer must comply with any order of an officer or a member of the security services acting on the instructions of an officer. 15
Accreditation of persons providing voter education
43. (1) Any natural or juristic person may apply to the Commission in the prescribed manner to provide voter education.
(2) The Commission may require further information in support of an application. (3) The Commission may accredit an applicant to provide voter education after 20
considering the application, any further information provided by the applicant. and w hether—
(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 provide voter 25
education will— (i) do so in a manner that is impartial and independent of any party or
candidate that is or may be contesting elections; (ii) be competent to do so; and
(iii) subscribe to the Code of Conduct for Accredited Voter Education 30 Providers governing persons accredited 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 38(4), (6) and (7), adjusted as contextually may be necessary, applies to the accreditation of persons providing voter education. 35
CHAPTER 5
VOTING
Officers at voting stations
44. On voting day, each voting station must be staffed by— (a) the presiding offrcer and deputy presiding officer appointed for that voting 40
station; and (b) the voting officers appointed for that voting station.
Hours of voting
45. (1) Unless the Commission determines other voting hours for an election in general or for a particular voting station, a voting station must— 45
(a) open for voting at 07:00; and (b) remain open for voting until 21:00.
(2) If the Commission determines other voting hours for an election in general or for a particular voting station, it must make the voting hours known in a way that ensures sufficient publicity of those hours. 50
(3) No person may be admitted to a voting station for the purpose of voting after the voting station has closed for voting.
(4) Voting at a voting station must continue until every voter has voted who- (a) is entitled to vote at that voting station; and
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18 No. 21367 GOVERNMENT GAZErTE, 11 JULY 2tXXl — .
Act No. 27.2000 LOCAL GOVERNMENT MUNICIPAL ELECTORAL ACT, 2000
(b) had reported for voting at that voting station before the closing time. (5) To ensure a free and fair election, the Commission may, on the voting day—
(a) temporarily close a voting station for part of the day if it is ,temporarily impossible to conduct a free and fair election at that voting station; or
(b) extend voting hours at a voting station until as late as midnight on that day. 5
Initial procedures
46. (1) Immediately before opening a voting station for voting, the presiding oflicer must show all agents and candidates present that each ballot box to be used at that voting station is empty.
(2) Immediately after all agents and candidates present at the voting station have 10 assured themselves that a ballot box is empty, the presiding oficer must seal that box by means of a seal designed and supplied to the presiding officer for that purpose.
(3) The closing and securing of a ballot box must be done by closing all openings, except for the opening through which the ballot papers must be deposited into the ballot box, and securing the openings tightly enough by means of a seal supplied to the 15 presiding officer for that purpose, so that ballot papers cannot be inserted into or removed from the ballot box through those openings.
Voting procedure
47. (1) A voter may vote— (a) in an election only at the voting station in the voting district in which that voter 20
is registered; and (b) only once in the election, but, when voting, may cast a vote in each ballot
conducted at that voting station. (2) A voter may vote at a voting StatiOW—
(a) on production of that voter’s identity document to the presiding oilicer or a 25 voting otlicer at the voting station; and
(b) if that voter’s name is on the certified segment of the voters’ roll for the voting district for which that voting station is established.
(3) When a voter produces an identity document to a presiding officer or voting officer, that officer must examine the identity document and determine whether— 30
(a) the voter is the person described in that identity document; (b) the voter’s name appears on the certified segment of the voters’ roll for the
voting district concerned; and (c) that voter has not already voted in the election.
(4) For the purposes of subsection (3)(a), the presiding officer or voting officer may 35 require that the voter’s fingerprints be taken.
(5) If the presiding officer or voting otlicer is satisfied in respect of all the matters mentioned in subsection (3), that ofiicer must-
(a) record that the voter is regarded to have voted in the election; (b) mark the hand of the voter as described in section 50; 40 (c) mark the back of the ballot paper or papers to which the voter is entitled with
the ot%cial stamp for the election; and (d) hand the ballot paper or papers to the voter.
(6) Once the voter has received a ballot paper or papers marked in terms of subsection (S)(c), the voter must— 45
(a) enter an empty voting compartment; (b) mark the ballot paper or papers in secrecy in a way that indicates the party or
candidate the voter wishes to vote for; (c) fold the ballot paper or papers to conceal the voter’s vote; (d) take the ballot paper or papers to a ballot box and show it to the presiding 50
officer or a voting officer in a way that that oflicer can see the otficial stamp affixed in terms of subsection (5)(c);
(e) place the ballot paper or papers in the ballot box; and (~) without delay leave the voting station.
Assistance to certain voters 55
48. ( i ) A person, other than the presiding ofhcer or a voting ofticer. may assist o vote[ in voting, but only if—
CiOVERNhfENT GAZETTE. 11 JUL}” ?(K)() No. 21367 I mentioned in wction 53;
GOVERN>IENT GAZETTE. I I JULY 2000 No. 21367 21
(d)
General
LOCAL GOVERh’hlENT hfLWICIP.4L ELECTORAL ACT. 2000 Act A’o. 27, 2000
the counting officer of the \’oting station must open all the ballot boxes used in the voting station and in the mobile voting station, mix the ballot papers from all the boxes and then proceed with the sorting of ballot pupers, the counting of the votes and the determination of results of the count for the voting station.
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55. The Commission may not make any special arrangements whereby a person is allowed to vote on any day other than voting day or at any place other than the voting station or a mobile voting station established for the voting, district in which that person is registered as a voter.
CHAPTER 6
COUNTING
Commencement of counting procedures
56. (1) The counting officer must ensure that the procedures provided for in this Chapter commence as soon as practicable after the voting station is closed for voting and continue uninterrupted until they are completed.
(2) The procedures provided for in this Chapter 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.
Place and time of counting of votes
57. (1) Votes must be counted at the voting station at which those votes were cast, except when-
(a) the voting station is a mobile voting station; or (b) in the interest of ensuring a free and fair election, the Commission determines
that those votes be counted at another counting venue. (2) If the votes are to be counted at the voting station at which those votes were cast
and if the counting officer for that voting station is a person other than the presiding officer for that voting station, the presiding officer must deliver to the counting officer the items mentioned in section 53.
(3) If the votes are not to be counted at the voting station at which those votes were cast, the presiding officer must deliver the foljowing items mentioned in section 53 to the counting officer of a counting venue determined by the Commission:
(a) The ballot paper statement; (b) the sealed, used ballot boxes; (c) the sealed, unused ballot boxes; and (d,) the sealed containers.
Verification procedure
58. (1) After receipt of the items mentioned in section 57(3), the counting otlicer m u s t -
(a) examine whether the seals are intact on those items; and (b) allow any agents or ward candidates present to examine whether the seals are
intact. (2) After examining the seals, the counting officer must open all the sealed ballot
boxes and containers and verify the information on the form completed by the presiding officer in terms of section 53(a) by comparing it with—
(a) the number of used ballot boxes received; (b) the number of unused ballot boxes received; (c) the number of containers received; and (d) the contents of those boxes and containers.
(3) The counting officer must deal with any irregularities and discrepancies found when complying with subsection (2) in the following manner:
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(a) The counting oticer must immediately call for an explanation by the presiding otlicer who delivered the material;
(b) the counting officer and the presiding officer must together attempt to resolve the irregularities and discrepancies;
(c) the agents and ward candidates present in the counting station must— 5 (i) be informed immediately about the irregularities and discrepancies;
(ii) as far as possible be present at all discussions between the counting officer and the presiding officer; and
(iii) be invited to contribute to the discussion and the search for solutions; (d) if any of the material appears to have been unlawfully tampered with or is 10
missing, the counting officer must call in the assistance of a member of the security forces to investigate the matter and to assist in the search for any missing material.
(4) The counting officer must— (a) keep a written record of— 15
(i) the nature of each irregularity and discrepancy: (ii) the manner in which those irregularities and discrepancies were dealt
with; and (iii) the explanations offered by the presiding officer and any of the agents or
ward candidates; and 20 (b) submit a full report on the matters referred to in paragraph (a) to the chief
electoral officer as soon as possible.
Objections and appeals concerning verification
59. ( 1 ) At any time before the counting of votes commences, an agent or ward candidate may’ object to any alleged irregularity or inaccuracy in the verification 25 procedure performed by the counting officer.
(2) The objection must be lodged with the counting offrcer in writing. (3) Section 5 1(5) to (7), adjusted as may contextually be necessary, applies to the
objection,
Counting of votes 30
60. (1) The counting officer must open all the used sealed ballot boxes. (2) The counting of votes must be conducted in accordance with a prescribed
procedure.
Rejection of ballot papers
61. ( 1 ) The counting oficcr must reject a ballot paper— 35 (a) that indicates the identity of the voter; (b) on which a vote is cast for more than one party or for more than one ward
candidate; (c) that is unmarked; (d) that is marked in such a way that it is not reasonably possible to determine the 40
voter’s choice; (e) that does not bear the otlicial mark on the back of the ballot paper; or (~) that is not an oficial ballot paper.
(2) The counting ofticer must— (u) mark “’rejected” on the back of each rejected ballot paper; and 45 (b) tile the rejected ballot papers in eoch ballot separately.
(3) It’ a counting oflicer’s acceptance or rejection of a ballot paper is disputed by an agent or ward candidate, the counting otlicer must—
([/) mark “disputed” on the back of that bal[ot paper; (b) cause to bc counted, the accepted ballot papers that are disputed; and 50 (c) tile the rejected ballot papers that are disputed separately.
Objections concerning sorting of ballot papers and counting of votes
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LOCAL GOVERNMENT: MUNICIPAL ELECTOR 41. ACT. 2000 Act No. 27, 2000”
(2) The objection must be made to the counting ofticer in writing at any stage before the counting officer has completed the form ]mentioned in section 63(1).
(3) The counting oflicer must summarily investigate the factual circumstances relating to the objection, and may for that purpose also direct verbal enquiries to any person that may be able to assist. 5
(4) The counting officer must— (a) decide the objection and the question whether to order a recount; (h) record the decision on the written objection; and (c) verbally inform the objector and any other parties involved of the decision.
(5) If the counting officer orders a recount, the counting officer must determine and 10 record the result of the count afresh.
(6) The counting officer must keep a written record in the prescribed manner of each objection and each decision in terms of this section.
Procedure concerning results and voting materials
63. (l) The counting officer must complete a prescribed form reflecting the result of 15 the count in respect of each ballot conducted at the voting station.
(2) Once the counting officer has complied with subsection (l), the counting officer must—
(a) forward the result in respect of each ballot conducted at the voting station, to the Commission at the office of the Commission’s local representative for the 20 municipality concerned;
(b) seal in separate containers the ballot paper statement referred to in section 53(a,J and each of the items mentioned in section 53(c) and the written record of any objections in terms of section 62(6); and
(c) deliver the sealed containers to the Commission at the oflice of the 25 Commission’s local representative.
Determination and declaration of result of election
64. On receipt of all the results of the count in respect of all ballots conducted at the voting stations within the municipality, the Commission must—
(a) determine the result of the election in the municipality; 30 (b) record the result on a prescribed form; and (c) declare the result in public.
Objections material to declared results of election
65. (1) An interested party may lodge an objection concerning any aspect of an election that is material to the declared result of the election with the Commission by 35 serving, by not later than 17:00 on the second day after voting day, at its ofiice in Pretoria a written notice containing—
(a) a reference to the election concerned; (b) the full name and address of the objector; (c) the postal address and telephone number where the objector can be contacted; 40 (d) the interest of the objector in the matter; (e) details of the objection and the aspect of the election concerned; ~) detailed reasons for the objection; (g) the relief sought; (h) a list of any supporting documents accompanying the notice of objection; and 45 (i) proof of service of copies of the notice and annexures on other parties
involved in the objection. (2) The Commission, on good cause shown, may condone a late objection. (3) In considering and deciding the objection, the Commission may—
(a) investigate the factual basis of the objection; 50 (b) afford interested parties an opportunity to make written or verbal submissions; (c) call for written or verbal submissions from other persons or parties; (d) call upon the objecting party to submit further information or arguments in
writing or verbally; and (e) conduct a hearing on the objection.
(4) The Commission must— 55
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(a) consider the objection and decide it within three days after it was served on the Commission, and either— (i) reject the objection; (ii) amend the declared result of the election; or
(iii) rescind the declared result of the election; and 5 (b) immediately notify the objector and any other parties involved in the
objection, of the decision. (5) An objector or other party involved in the objection who feels aggrieved by the
decision of the Commission may, within three days of the Commission’s decision, appeal to the Electoral Court in terms of section 20 of the Electoral Commission Act and 10 the Rules of the Electoral Court.
(6) The Electoral Court must— (a) consider the appeal and either—
(i) reject the appeal; (ii) amend the decision of the Commission; or 15
(iii) make another appropriate order; and (b) notify the parties to the appeal of its decision.
(7) The declared result of an election is not suspended by an appeal to the Electoral court.
CHAPTER 7 20
GENERAL PROVISIONS
Part 1: Prohibited conduct
Contravention of Code
66. No person or party bound by the Code may contravene or fail to comply with a provision of the Code. 25
Undue influence
67. (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; 30
(iii) to vote or not to vote for any party or candidate; (iv) to support or not to support any party or candidate; or (v) to attend and participate in, or not to attend and participate in, any
political meeting, march, demonstration or other political event; (b) interfere with the independence or impartiality of the Commission, any 35
member, employee or officer of the Commission, or the chief electoral offrcer; (cJ prejudice any person because of any past, present or anticipated performance
of a function in terms of this Act; (d) advantage, or promise to advantage, a person in exchange for that person not
performing a function in terms of this Act; 40 (e) prevent any of the following persons from gaining reasonable access to voters,
whether in a public or private place: (i) any representative of a party or of a candidate;
(ii) any candidate in an election; (iii) any member, employee or officer of the Commission; (iv) the chief electoral officer;
45
(v) any person appointed by an accredited observer; or (vi) any person accredited to provide voter education; cr
(~) unlawfully prevent the holding of any political meeting, march, demonstra- tion or other political event. 50
(2) Subject to this Act. no person may prevent anyone from exercising a right conferred by this Act.
(3) No person, knowing that another person is not entitled to be registered as a voter, may—
(a) persuade that other person that that other person is entitled to be registered as 55 a voter; or
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(b) repl-esent to anyone else that that other person is entitled to be registered as a voter.
(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
68. No person— (a) may apply for a ballot paper at a voting station in the name of another person,
whether living, dead or fictitious; (b) who is not entitled to vote in an election or at a voting station, may vote in that 10
election or at that voting station; (c) may cast more votes than that person is entitled to; or (d) may impersonate—
(i) any representative of a party or of a candidate; (ii) any candidate: 15
(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.
Intentional false statements 20
69. (1) No person, when required in terms of this Act to make a statement, may make the statement—
(a) knowing that it is false; or (b) without believing on reasonable grounds that the statement is true.
(2) No person may publish any false information with the intention of— 25 (a) disrupting or preventing an election; (b) creating hostility or fear in order to influence the conduct or outcome of an
election; or (c) influencing the conduct or outcome of an election.
Infringement of secrecy 30
70. (l) No person may interfere with a voter’s right to secrecy when casting 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 35
71. (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 40
an election purpose. (2) The chief electoral officer may authorise—
(a) the printing, manufacture or supply of any voting or election material; or (b) the removal or destruction of any voting or election material.
Prohibitions concerning piacards and billboards during election 45
72. (1) No person may deface or un~~.wfully remove any billboard, placard or poster published by a party or candidate for the purpose of an election.
(2) On the voting day, no party or candidate or supporter of a party or candidate may within the boundaries of a voting station put up, display or distribute any billboard. placard, pamphlet or poster or any other item intended to affect the outcome of the 50 election.
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Obstruction of, or non-compliance with, directions of Commission, chief electoral officer and other oflicers
73. (1) No person may refuse or fail to give effect to a lawful direction, instruction or order of the Commission, or a member, employee or officer of the Commission, or the chief electoral officer. 5
(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.
Temporary obligations
74. (1) (a) This section is applicable only from the date on which the notice calling an 10 election is published to the date the result of the election is declared.
(b) For the purposes of this section, “printed matter” means any billboard, placard, poster or pamphlet.
(’2) Any printed matter intending to affect the outcome oi an election must state clearly the full name and address of the printer and publisher. 15
(3) The publisher of any publication must head an article in that publication with the word “advertisement” if that article—
(a) originates from— (i) a party, a person who holds political or executive office in that party, or
any member or supporter of that party; or 20 (ii) a candidate contesting an election or supporter of that candidate; and
(b) 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
does not comply with this section.
Prohibition on certain political activities 25
75. 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 political activity, other than casting a vote, in the area within the
boundary of a voting station. 30
Prohibition on publication of exit polls
76. During the prescribed voting hours for an election, no person may print, pub[ish or distribute the result of any exit poll taken in that election.
Part 2: Enforcement
Institution of and intervention in civil proceedings by chief electoral officer 35
77. (1) Subject to this Act and any other law, the chief electoral officer, acting on behalf of the Commission, 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 those proceedings. 40
Jurisdiction and powers of Electoral Court
78. ( 1 ) The Electoral Court has jurisdiction in respect of all electoral disputes and complaints about infringements of the Code, subject to section 20(4) of the Electoml Commission Act.
(2) If a court having jurisdiction by virtue of section 20(4)(b) of the Electoral 45 Commission Act finds that a person or party has contravened a provision of Part 1 of this Chapter, it may in the interest of a free and Pair election impose any appropriate penalty or sanction on that person or party. including—
(~~) a formal warning; (b) a fine not exceeding R200 000; 50
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LOCAL GOVERNMENT hlUNICIP,AL ELECTORAL ACT. 2000 Act No. 27, 2000”
(cJ the forfeiture of any deposit paid by that person or party in terms of section 14(l)(b) or 17(2)(d):
(d) an order prohibiting that person or party from- (i) using any public media:
(ii) holding any public meeting, demonstration, march or other political 5 event;
(iii) entering any voting district for the purpose of canvassing voters or for any other election purpose;
(iv) erecting or publishing billboards, placards or posters at or in any place; (v) publishing or distributing any campaign literature;
(vi) electoral advertising; or (vii) receiving any funds from the State or from any foreign sources;
(e) an order imposing limits on the right of that person or party to perform any of the activities mentioned in paragraph (d);
@ an order excluding that person or any agents of that person or any candidates Is or agents of that party from entering a voting station;
(g) an order redwing the number of votes cast in favour of that person or party; (h) an order disqualifying the candidature of that person or of any candidate of
that party; or (i) an order canceling the registration of that party. 20
(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.
Part 3: O~ences and penalties
Offences
79. Any person who contravenes a provision of Part 1 of this Chapter is guilty of an 25 offence.
Penalties
80. Any person convicted of any offence in terms of— (a) section 66, 67(l)(b), (c) or (d), 69(2), 70, 71 or 73, is liable to a fine or to
imprisonment for a period not exceeding 10 years; 30 (b) section 67(1 )(a), (e) or v), (2), (3) or (4), 68, 69(l), 72, 74(4), 75 or 76. is
liable to a fine or to imprisonment for a period not exceeding five years.
Part 4: Other general provisions
Access to private places
81. (1) Members, employees and officers of the Commission have access to private 35 places if that access is necessary for the exercise of a power or the performance of a duty conferred or assigned to them by or under this Act.
(2) A person mentioned in subsection (1) must ensure that reasonable attempts to notify the occupier of such private place have been made.
Ownership of voting and election materials, and disposal 40
82. (1) The Commission is regarded as owning all voting and election materials used or provided by it in an election.
(~) Unless [he Electoral Court orders otherwise, the Commission may dispose of tht voting and election materials used in a particular election after six months after the dute on which the final result of the election was declared, in the manner directed by the 45 Commission.
Return or forfeiture of deposit
83. ( 1 ) Subject to section 78(2)(c), the Commision must refund to a party or a wml candidate any deposit paid by it in terms of sections 14(1 )(b) or 17(2)(d) if—
28 No. 21367 GOVERNMENT GAZETTE, 11 JULY 2000
Act No. 27,2000 LOCAL GOVERNMENT MUNICIPAL ELECTORAL ACT, 2000
(a) thepafly isallocated atleast oneseat inthemunicipal council theelectionof which that party contested; or
(b) the ward candidate received at least 10 per cent of the total number of votes cast in the ward election.
(2) A deposit that is not refundable in terms of subsection (1) is forfeited to the National Revenue Fund.
Effect of certain irregularities
84. (1) A mistake in the certified segment of the voters’ roll referred to in section 6 or a party list submitted by a party in terms of section 14 does not invalidate that segment of the voters’ roll or that party list.
(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.
Inspection and copying of documents
85. Where this Act requires that documents be made known, or made available for inspection or copying, the Commission must endeavour to also make known or make available those documents by way of electronic technology.
Prohibition on certain strikes and lockouts
86. (1) The service provided by the Commission from the date the notice calling an election is published to the date the result of the election is declared, 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 and are not protected in terms of Chapter IV of the Labour Relations Act, 1995.
Part 5: Codes of conduct and regulations
Electoral Code of Conduct
87. The Electoral Code of Conduct binds every party contesting an election and every party and ward candidate.
Other Codes
88. The Commission may by notice in the Governtnent Gaxtre- (a) compile and issue any other Code in order to promote free,
elections; and (b) amend or replace any Code issued under paragraph (a),
Regulations
fair and orderly
89. ( 1 ) The Commission must make regulations regarding any matter that must be prescribed in terms of this Act.
(~) The Commission may make regulations regarding any matter— (a) that may be prescribed under this Act: or (b) that it considers necessary or expedient in order to achieve the objects of this
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 regultitions.
(4) The Commission must publish any regulations made in terms of this section in the Government Gazette.
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LOCAL GOVERNMENT MUNICIPAL ELECTORAL ACT.2WI Act No. 27.2000
Part 6: Delegation ofpon’ers und assignment of duties by Commission and chief electoral oficer
Delegation of powers and assignment of duties by Commission
90. (1) The Commission may— (a) delegate any of the Commission’s powers in terms of this Act (excluding the
powers contained in sections 88 or 89 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 assignment in terms of subsection (l)— (a) is subject to any limitations and conditions the Commission may impose; and (b) does not prevent the Commission from exercising or performing the delegated
power or assigned duty. (3) A delegation or assignment in terms of subsection (1) to the chief electoral officer
may authorise that oflicer to sub-delegate the delegated power or reassign the assigned duty to any other employee or officer of the Commission.
(4) The Commission may vary, confirm or revoke any decision taken in consequence of a delegation or subdelegation under this section, provided that no variation or revocation of a decision may detract from any rights that may have accrued as a result of the decision.
Delegation of powers and assignment of duties by chief electoral otlicer
91. (1) The chief electoral officer may— (a) delegate any of the powers conferred on the chief electoral officer by this Act
or any other law, to another employee or officer of the Commission: or (b) instruct an employee or officer of the Commission to perform any of the duties
assigned to the chief electoral officer by this Act or any other law. (2) A delegation or assignment in terms of subsection (1 )—
(a) is subject to any limitations and conditions the chief electoral ot%cer may impose; and
(b) does not prevent the chief electoral oflicer from exercising or performing the delegated power or assigned duty.
(3) The chief electoral officer may vary, confirm or revoke any decision taken in consequence of a delegation or subdelegation under this section, provided that no variation or revocation of a decision may detract from any rights that may have accrued as a result of the decision.
Decision of objections and appeals
92. Whenever the Commission, the chief electoral otlicer or an oflicer 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.
Part 7: Miscellaneous
Amendment of laws
93. The laws specified in Schedule 2 are hereby amended to the extent set out in the third column of the Schedule.
Application of Local Government Transition Act, 1993
94. The Loca( Government Transition Act, 1993 (Act No. 209 of 1993). does not apply to a municipid election held after [he expiry of the term of municipal councils referred to in section 93(3) of the Municipal Structures Act.
Act binds State
95. This Act binds the Sttite except in so far as criminal liability is concerned.
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Act No. 27,2000 LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT, 2000
Short title
96. This Act is called the Local Government: Municipal Electoral Act, 2000.
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LOCAL GO\’ERN\lENT hltjXICIPAI. ELECTORAL. ACT. 2000 .’ict NO. 27, 2000
Schedule 1 (Sections 1 and 87)
ELECTORAL CODE OF CONDUCT
Purpose of Code
1. The purpose of this Code is to promote conditions that are conducive to free and fair elections, including—
(a) tolerance of democratic political activity: and (b) free political campaigning and open public debate.
Promotion of Code
2. Every party and every candidate must— (a) promote the purpose of the Code when conducting an election; (b) publicise the Code widely in any election campaigns; and (c) promote and support efforts in terms of this Act to educate voters.
Compliance with Code and electoral laws
3. Every party and every candidate must— (a) comply with this Code; (b) instruct—
(i) in the case of a party, its candidates, persons who hold political or executive office in the party, and its representatives, members and supporters, to comply with this Code and any applicable electoral laws;
(ii) ?: the case of a ward candidate, the representatives and supporters of the candidate to comply with this Code and any applicable electoral laws;
(c) take all reasonable stem to ensure— (i)
(ii)
. in the case of a party, that its candidates, persons who hold political or executive office in the party, and its representatives, members and supporters, comply with this Code and any applicable electoral laws; or in the case of a ward candidate, that the representatives and supporters of the candidate comply with this Code and any applicable electoral laws.
Public commitment
4. (1) Every party and every candidate must— (u) rmblic]v state that evervone has the right—,,
(i) (ii)
(iii)
(iv) (v)
(vi) (vii)
(viii)
. . to freely express their political b~liefs and opinions; to challenge and debate the political beliefs and opinions of others; to publish and distribute election and campaign materials, including notices and advertisements; to lawfully erect banners, billboards, placards and posters; to canvass support for a party or candidate; to recruit members for a party; to hold public meetings; and 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 party and every candidate must accept the result of an election or alternatively challenge the result in a court.
Duty to co-operate
5. Every 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.
I
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Act No. 27,2000 LOCAL GOVERNMENT MUNICIPAL ELECTORAL ACT. 2000
Role of women
6. Every 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 political activities; (c) ensure the free access of women to all public political meetings, marches,
demonstrations, rallies and other public political events: and (d) take all reasonable steps to ensure that women are free to engage in any
political activities.
Role of Commission
7. Every 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 impartiality; (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 otlicer;
(d) establish and maintain effective lines of communication with— (i) the Commission: and
(ii) other 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 pay or candidate;
(~) co-operate in any investigation of the Commission; (g) take all reasonable steps to ensure—
(i) the safety of members. employees and otlicers of the Commission, and the chief electoral officer, in the exercise of any power or the performance of any duty conferred or 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 party and every candidate— (a) must respect the role of the media before, during and after an election
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. hazard, threat or physicul assault by any of their representatives or supporters.
Prohibited conduct
9. ( 1 ) No party or candidate may- (a) use language or act in a way that may provoke-
(i) ViOkttCe 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 Ml election in
respect of— (i) a party, its candidates, representatives or members; or
(ii) a ward candidate or that candidate’s representatives; (c) plagim-ise the symbols, colours or acronyms of other parties; or (d) discriminate on the grounds of ruce, ethnicity. sex, ~,T~[lder, ~]~ss or religi{>n in
connection with an election or political acti~ ity. (2) No person lmay -
(r reward to another person- (i) [o join or not to join a part!’:
C,()\ERXhlPXT fGAZETTE. I I J[:l.)’ 2000 N{). 21307 .1.3
I. OCAI. GOVERti\!EXT”: kl[’X[( [P.41. E1.t;CTOR,. \l. ,\C-T. 20(10” Act so. 27.2000
(ii ) [() allend or IIo[ to altend J public meelin:. march. demonstration. rail! oJ- other public political evenr:
(iii) to vote or not to votr. 0[- to }otc m not 10 vote in any particul~r way: or (iv) to I-efuw a nomination tis u candidate or (o t+)ithdt-tiw as a candidfiw: or
(b) carry or display arms or \\tapons- (i) at a political meeting; or
(ii) in any march. demonstration. rally or other public political event: (c) unreasonable y prevent any other person access to voters for the purpose of
voter education. collectin~ signatures, recruiting members, raising funds or can~’assing support for a party or candidate:
(d) deface or unlawfully remole or destroy the billboards, placards, posters or any other election materials of a party or candidate; or
(c) abuse a position of power, pri~ilege 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 89 add provisions to this Code.
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Schedule 2 (Section 93)
AMENDMENT OF LAWS
~o. and year of aw let 51 Of 1996
Act 73 of 1998
Short title
~;toral Commission Act, 1996
ilectoral Act, 1998
Extent of amendment
~mendment of the Electoral Com-
~ission Act, 1996- by the insertion under the “AR- RANGEMENT OF SECTIONS” after section 15 of the following expression:
“ 15A. Registration of pmties for municipal elections”; and
by the insertion after section 15 of [he following section: “Registration of parties for municipal elections
15A. (1) The Chief Electoml Officer shall, upon application by a party in the prescribed form. register such party in re- spect of a particular municipal- ity.
(~) NO party not represented in a municipal council in that municipal area or areas may be so registered unless the applica- tion is accompanied by— (a) that parry’s deed of founda-
tion; (b) the prescribed amount, if
any; and (c) proof of publication in a
newspaper circulating in that municipal area of the pre- scribed notice of application.
(3) A party registered for a par- ticular municipality or municipali- ties, may under such registration only participate in elections for councils for those municipalities.
(4) Subsections ( l), (2), (3) and (4) of section 15 do not apply to d regis[ra[i~n under [his section.’”.
\mendment of the Electoral Act. 1998, by the addition to section 7 of he following subsection:
“(3) (a) A person IS regarded to he ordimsrily resident at the home or place where that person nor- mally lives and to which that pcr- scm regularly returns alter any period of temporq 3bscnce.
1
CiO\’ERN\lENT CiAZE~E. I I J[.’1.}” 2(X)()
No, 21 ~(T7 7!
LOCAL GO\’ERNMENT \lUNICIP,kL ELF,CTOR,\I. ACT. X)()() Ad No. 27. ~()()(1
a—NO. and war oflaw —
l17rlf199t — LOI tur
short title Exlent of amendment
(b) For [hc purpose oi’ regis(ra- [irm on (he voters” roll a person is not l-egarded (n be ordinarily I esi - dcnt at a place where tha~ person is lawfully imprisoned or detained. hut at the Imt home or place w,hcrc [hat person normally ii\’ed
when not imprisoned or de- tained.”.
cd Governnlent: Municipal S[ruc- Amendlment of the Municipal S[ruc-
es Act. 1998 tures Act, 199~—
(LI) by [he substitution in sec[ion I
the following definition: “ ‘party’ means a parly re~is- tcrcd in terlms of the E}cctoral Comn]ission Act. 1996 (Act No 51 of 1996):”:
fh) bv the insertion in section 12,-, . after paragraph (e) of subsection
I
I
(3) of the following paragraph: “(cA) in the case of a district
nlunicipality, the number of Council (ors. deter-
mined in terms of section yJ, (o—
(i) proportionally represent par- ties;
(ii) be appointed by each of the local councils within the
district municipality to di- rectly represent each local n]unicipality; and
(iii ) proportionally represent par~ics from each distric~ ~anagcmcnt wca within
that distric~ municipality:”
I (c) by the deletion in section 2401’ ,l,c words “or dates” whel-cvcl-
thcy occur;
(d) by ~hc substitution in par~graph ((l) of subsection ( I ) of section zs t’(lr lhc expression “Electoral
Ac[” ot the expression “Elec- ~01-Jl Commission Act. 1996. (Act N(), 51 of 1996)”;
(e) by the sulmtilution in paragraph (b) of subsection (1) of scctiOn ~~ f{lr the word “d~vcloPmc’][”’
36 No. 21367 GOVERNMEN’J GAZETTE, 1 I JULY X)00
Act No. 27, 2000 LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT. 2000
h. and year of
a w Short title Extent of amendment
(j by the dcletioll in sec[ion 25 In the words preceding paragraph (a) of subsection (3) of the words “or dates”;
~) by the deletion in paragraph (cl)
of subsection (3) of section 25 of the words “or last voting day”;
/1) by [he deletion in subsection (4) of section 25 of the words “or dates’” wherever they occur:
i) by the substitution in pzmgi-aph ~) of sec[ion 27 for subpara- graphs (i) and (ii) of the follow- ing subparagraphs: “’(i) was nominated by a party :1s
a candidate in the wzird elec- tion and ceases to be a member of that party; or
(ii) was not nominated by a pwty as J candidate in the ward election and becomes a member of a party.”:
j) by the substitution in item 1 of Schedule 1 for the definition of “’independent ward council lor”’
ofthe following definition: ““ ‘independent ward councillor’ means a counci[lor who was not nomirmted by o party as a candi- d~te in a ward election;”:
K) by the substitution in item I of Schedule I for the definition ot’ ‘“word candidate representing a party” ot’ the t’ollowing dcfini - tiun: “ “ward candidate representing a party’ nwwrs a word candidate who was nominated by a party as a candidate in a WX’Ll Ckctlon. ”:
‘} by the substitution for i[cm 10 of Schedule 1 of the following item: “Submission of lists of candi- dates 10. A list ot’ candidaks may k
submitted only by a pa]-ty .”: ItI~ by tht ~ubsti(ut ion t’or iuhi[cn]s
( I ) and [?) ol Itcnl 15 ot” schcd- LIIC I Of [hC !’O\![>wlll&! SUbl[~IIl,
the c\i\ting \LlhltClll (.;) hcrom- Ing Suhltcm (?):
G()\’ERX\lEST G,\ ZET7”i;. I I IL’I.}’ 2[){)() S(1 ? 1 .3(>7 31
[.( K’..\l. G()\”l; RXMENT II L’NICIPAI. I; I. F: C7’0K, +I .\(’T, 2000 ,\ct N(,. 27.2000
No. and !tar of Short title Ihtent of anwndment law
“(I ) II no party w[hmi{lcd :t Iis[. a hy-election mUSI hc hc]d within 90 day$ of nomination day and [hc MEC fof- local govcrnmen[ must. aflcr comsul[ation wi(h [hc Commission. dc- termirw the cMc of the ckction. ”:
(//) by [he subs[ilulion for i~em 4 of’ Schedule 2 of the following itcm: “Submission of lists of candi- dates 4. A list of candidates may hc
submi[[cd only by a parly. ”; and
(o) by the subs[itu[ion for subitems ( 1 ) and (2) of i[cm 9 of Schcdulc 2 of the fo]luwing subitem, the exisli]lg suhi[cm (3) becoming subitcm (2): “([) If no party submilteci a list.
a by-c! ec[ion Imust bc held wi[hin 90 days of nomina- tion day WKI [he MEC fo] local government musL
at’tcr consul mlion with the Commission. de[cr-mine the date of the e]cction.”