Government Gazette

Vol. 417, No.20984 , 15 March 2000

GENERAL NOTICE

Notice 1171 of 2000

MINISTRY FOR PROVINCIAL AND LOCAL GOVERNMENT

MUNICIPAL ELECTORAL BILL, 2000

  1. I, Fholisani Sydney Mufumadi, Minister for Provincial and Local Government, under section 154 of the Constitution, hereby publish the Municipal Electoral Bill, 2000, for public comment.

  2. Comments must please be submitted in writing to -

  3. The Director-General
    Attention: Mr S L Louw
    Department of Provincial and Local Government
    Private Bag X 804
    PRETORIA
    0001

  4. Comments may also be faxed to facsimile number (012) 334 0608 at the above address.

  5. Comments must be received by no later than 17 April 2000.

 

MUNICIPAL ELECTORAL BILL, 2000

BILL

To regulate municipal elections; to amend certain laws; and to provide for matters connected therewith.

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:-

TABLE OF CONTENTS

CHAPTER 1
INTERPRETATION, APPLICATION AND ADMINISTRATION OF ACT

1. Definitions
2. Interpretation of this Act
3. This Act to regulate municipal elections
4. Administration of this Act

CHAPTER 2
VOTERS ROLL AND ELECTION DATE

5. National common voters roll to apply to municipal elections
6. Segments of voters roll to be used in election
7. Who may vote
8. Postponement of elections
9. Postponement of voting at voting station
10  Revote at voting station

CHAPTER 3
REPARATIONS FOR ELECTION

Part 1: Election timetable and appointment of local representatives

11. Election timetable
12. Appointment of local representatives

Part 2: Parties contesting election and submission of party lists

13. Parties contesting elections
14. Requirements for parties contesting election by way of party lists
15. List of parties contesting election by way of party lists and certification of party lists

Part 3: Ward candidates

16. Nomination of ward candidates
17. Requirements for ward candidates to contest election
18. List of ward candidates to contest ward election

Part 4: Voting stations

19. Establishment of voting stations
20. Relocation of voting stations
21. Boundaries of voting stations
22. Mobile voting stations

Part 5: Voting materials

23. Ballot papers
24. Ballot boxes
25. Voting compartments
26  Voting materials

Part 6: Officers, additional persons, institutions and agents

27. Appointment of presiding officers
28. Powers and duties of presiding officers
29. Appointment of voting officers
30. Powers and duties of voting officers
31. Appointment of counting officers
32. Powers and duties of counting officers
33. Appointment of counters
34. Powers and duties of counters
35. Appointment of additional persons
36. Powers and duties of additional persons
37. General provisions concerning appointment of officers
38. General provisions concerning appointment of institutions
39. Appointment of agents
40. Powers and duties of agents and candidates within a voting station

CHAPTER 4
OBSERVERS AND VOTER EDUCATION PROVIDERS

41. Accreditation of observers
42. Powers and duties of accredited observers
43. Accreditation of persons providing voter education

CHAPTERS 5
VOTING

44. Special voters
45. Officers at voting stations
46. Hours of voting
47. Initial procedures
48. Voting procedure
49. Assistance to certain voters
50. Issue of new ballot papers
51. Marking of the hand
52. Objections concerning voting
53. Sealing of full ballot boxes
54. Completion of ballot paper statement and sealing of voting materials
55. Voting procedure for mobile voting stations
56. General

CHAPTER 6
COUNTING

57. Commencement of counting procedures
58. Place and time of counting of votes
59. Verification procedure
60. Objections and appeals concerning verification
61. Counting of votes
62. Rejection of ballot papers
63. Objections concerning sorting of ballot papers and counting of votes
64. Procedure concerning results and voting materials
65. Determination and declaration of final result of election
66. Objections material to declared results of election

CHAPTER 7
GENERAL PROVISIONS

Part 1: Prohibited conduct

67. Contravention of Code
68. Undue influence
69. Impersonation
70. Intentional false statements
71. Infringement of secrecy
72. Prohibitions concerning voting and election materials
73. Prohibitions concerning placards and billboards during election
74. Obstruction of, or non-compliance with, directions of Commission, chief electoral officer and other officers
75. Temporary obligations
76. Prohibitions on certain political activities
77 .Prohibition on publication of exit polls

Part 2: Enforcement

78 .Institution of and intervention in civil proceedings by chief electoral officer
79. Jurisdiction and powers of Electoral Court

Part 3: Offences and penalties

80. Offences
81. Penalties

Part 4: Other general provisions

82. Access to private places
83. Ownership of voting and election materials, and disposal
84. Return or forfeiture of deposit
85. Effect of certain irregularities
86. Inspection and copying of documents
87. Prohibition on certain strikes and lockouts
88. Limitation of liability

Part 5: Codes of Conduct and regulations

89. Electoral Code of Conduct
90. Other codes
91. Regulations

Part 6: Delegation powers and duties by Commission and Chief Electoral Officer

92. Delegation of powers and duties by Commission
93. Delegation of powers and duties by chief electoral officer
94. Decision of objections and appeals

Part 7: Miscellaneous

95. Amendment of laws
96. Application of Local Government Transition Act, 1993
97. Act binds State
98. Short title

Schedule 1 : Electoral Code of Conduct
Schedule 2 : Amendment of Laws

CHAPTER 1
INTERPRETATION, APPLICATION AND ADMINISTRATION OF ACT

Definitions

  1. In this Act, unless the context otherwise indicates -

'agent' means a person appointed as an agent in terms of section 39;

'ballot', in relation to -

  1. an election where a voter in terms of item 8 (1) or 9 (2) of Schedule 1 or item 3 (a) of Schedule 2 of the Municipal Structures Act is entitled to cast one vote only, means a ballot conducted at a voting station to enable voters to cast that vote in the election; or
  2. an election where a voter in terms of item 9 (1) of Schedule 1 or item 3 (b) of Schedule 2 of 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-

  1. the Electoral Code of Conduct; and
  2. any other Code issued by the Commission in terms of section 88;

'Commission' means the Electoral Commission, established by section 3 of the Electoral Commission Act;

'counter' means a person appointed as a counter in terms of section 33;

'counting officer' means a person appointed as a counting officer in terms of section 31;

'delegation', in relation to a duty, includes an instruction to perform the duty, and 'delegate' has a corresponding meaning;

'district management area' means an area as defined in the Municipal Structures Act;

'election' or 'municipal election' means -

  1. an election of a municipal council; or
  2. 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 section 18 of the Electoral Commission Act;

'identity document' means -

  1. an identity document issued after 1 July 1986, in terms of section 8 of the Identification Act, 1986 (Act 72 of 1986); or
  2. a temporary identity certificate issued in terms of the Identification Act, 1997 (Act 68 of 1997);

'local representative', in relation to the Commission, means a local representative of the Commission appointed in terms of section 12;

'Minister' means the Minister for Provincial and Local Government;

'municipal council' or 'council' means a municipal council referred to in section 18 of the Municipal Structures Act;

'municipality'-

  1. as a corporate entity, means a municipality established in terms of Chapter 2 of the Municipal Structures Act; and
  2. 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);

'officer' means

  1. a local representative of the Commission;
  2. a presiding officer;
  3. a voting officer;
  4. a counting officer;
  5. a counter; or
  6. any other person appointed in terms of section 35;

'party' or 'registered party' means a party registered in terms 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 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 remuneration not, or any other paid office in the party to which a person is appointed;

'prescribe' means prescribe by regulation in terms of section 90 and 'prescribed' has a corresponding meaning;

'presiding officers 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 -

  1. to send by post, telegram, telex or telefax or e-mail; or
  2. to deliver by hand;   

'this Act' includes a Code and any regulations made in terms of section 90;

'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 maintained in terms of the Electoral Act;

'voting day' means the day on which voting in an election takes or is to take place;

'voting district' means a voting district established in terms of section 60 of the Electoral Act;

'voting officer' means a person appointed as a voting officer in terms of section 29;

'voting station' means a voting station established in terms of section 19;

'ward' means a ward mentioned in item 2 of Schedule 1 of the Municipal Structures Act;

'ward candidate' means a candidate nominated in terms of section 16 to contest an election in a ward, either as a candidate representing a party or as an independent candidate.

Interpretation of this Act

  1. Any person interpreting or applying this Act must -
  1. do so in a manner that gives effect to the constitutional declarations, guarantees and responsibilities contained in the Constitution; and
  2. take into account any applicable Code.

This Act to regulate municipal elections

  1. (1) This Act applies to all municipal elections held after 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 that Act apply to municipal elections only to the extent as stated in this Act.

Administration of this Act

  1. (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
VOTERS ROLL AND ELECTION DATE

National common voters roll to apply to municipal elections

  1. (1) The national common voters roll compiled and maintained in terms of the Electoral Act must be used for municipal elections.

(2) A municipality's segment of the voters roll consists of the segments of the voters roll for the voting districts falling within the municipality.

Segments of voters roll to be used in election

  1. (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.

(2) By not later than a date stated in the time table for an election, the chief electoral officer must -

  1. certify the segments of the voters roll for the voting districts to be used in the election; and
  2. make such segments available for inspection at -
  1. the Commission's head office;
  2. the office of the Commission's provincial representative in the province in which the election will take place; and
  3. the office of the Commission's local representative in the municipality in which the election will take place.

Who may vote

  1. (1) A person may vote in an election only 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 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-

  1. a sworn or solemnly affirmed statement on a prescribed form containing the following particulars:
  1. the full name, identity number and date of birth of that person;
  2. that person's finger print;
  3. the address where that person ordinarily resides;
  4. a statement that that address is situated within the area of that voting district;
  5. a statement that that person has applied for registration as a voter in that voting district before or on that date; and
  6. a request that that person's name should be included in the certified segment of the voters roll for that voting district; and
  1. proof that that person has applied for registration as a voter in that voting district before or on that date.

(3) If the Commission or the presiding officer, as the case may be, has no reason to doubt the correctness of the contents of the statement -

  1. the Commission or the presiding officer must make an endorsement to that effect on the statement; and
  2. that person must be regarded as having been registered as a voter on the certified segment of the voters roll for the voting district referred to in subsection (2) (a) (iv).

Postponement of elections

  1. (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 Gazette, or the MEC by notice in the Provincial Gazette, must postpone the voting day for the 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

  1. (1) If the Commission is satisfied that it is not reasonably possible to conduct a free 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 to 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 -

  1. make its decision known in any appropriate way that will ensure sufficient publicity of the postponement and the date determined for voting at that voting station.; and
  2. if this is reasonably possible, prominently display a notice at the voting station for the duration of the original voting day stating that voting has been postponed.

Revote at voting station

  1. (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 mentioned in section 24 (2) or 25 (3) of the Municipal Structures Act.

(2) If the Commission allows a revote at a voting station, it must make its decision known in any appropriate way that will ensure sufficient publicity of the date determined for the revote at that voting station.

(3) A revote at a voting station must be conducted in accordance with the same procedures that applied on the voting day.


CHAPTER 3
PREPARATIONS FOR ELECTION

Part 1: Election timetable and appointment of local representatives

Election timetable

  1. (1) When an election has been called the Commission must -
  1. compile a timetable for the election; and
  2. publish the election timetable in the Government Gazette, or, in the case of a by-election, in the Provincial Gazette of the province concerned.

(2) The Commission may, by notice as required in subsection (1) (b), amend the election timetable if -

  1. it considers it necessary for a free and fair election; or
  2. the voting day is postponed.

Appointment of local representatives

  1. (1) When an election has been called the Commission must appoint for the area of the municipality in which the election will be held an employee or other person as its representative for the purpose of the election.

(2) A local representative of the Commission -

  1. may exercise the powers and must perform the duties delegated to a local representative by or under this Act;
  2. perform these functions of office subject to the directions, control and disciplinary authority of the chief electoral officer; and
  3. holds office subject to section 37.

Part 2: Parties contesting election and submission of party lists

Parties contesting elections

  1. (1) Only registered parties may contest an election, and may contest the election either by
  1. submitting a party list containing the names of candidates to stand as its representatives for the election of members of the council to proportionally represent parties in the council;
  2. nominating a ward candidate to stand as a representative of the party in a ward; or
  3. doing both.

(2) A party intending to contest an election in terms of -

  1. subsection (1) (a), must comply with the requirements for the nomination of party candidates as set out in this Part;
  2. subsection (1) (b), must comply with the requirements for the nomination of ward candidates as set out in Part 3; and
  3. subsection (1) (c), must comply with the requirements for the nomination of both party and ward candidates as set out in this Part and Part 3.

Requirements for parties contesting election by way of party lists

  1. (1) A party may contest an election in terms of section 13 (a) or (c) only if the party by not later than a date stated in the timetable for the election has submitted to the office of the Commission's local representative -
  1. in the prescribed format -
  1. a notice of its intention to contest the election; and
  2. a party list; and
  1. a deposit equal to a prescribed amount, if any, payable by means of a bank guaranteed cheque in favour of the Commission.

(2) If it is an election in a district municipality which has one or more district management areas, a party intending to contest the election in such an area must submit a separate party list for the election in that area.

(3) The following documents must be attached to a party list when the list is submitted to the Commission:

  1. a prescribed acceptance of nomination signed by each party candidate; and (
  2. a copy of that page of the candidate's identification document on which the candidate's photo, name and identity number appear.

(4) If a party omits to attach to its party list all the documents mentioned in subsection (3), the Commission must-

  1. notify the party in writing; and
  2. allow the party to submit the outstanding documents to the office of the Commission's local representative by not later than a date stated in the election timetable.

(5) The Commission must remove from a party list the name of a candidate in respect of whom an outstanding document has not been submitted by the date referred to in subsection (4).

List of parties contesting election by way of party lists and certification of party lists

  1. (1) By not later than a date stated in the timetable for an election the Commission must
  1. compile a list of the parties contesting the election in terms of section 13 (a) or (c);
  2. certify the party lists for that election; and

  3. keep those lists available at the office of the Commission's local representative.

(2) At the request of a person and upon payment of a prescribed amount, the Commission must furnish that person with a certified copy of a list mentioned in subsection (1).

(3) By not later than a date stated in the election timetable, the Commission must issue to each person whose name appears on a party list of a party contesting the election, a prescribed certificate.

Part 3: Ward candidates

Nomination of ward candidates

  1. (1) A person may be nominated to contest an election in a ward by -
  1. a registered party; or
  2. a person who is -
  1. ordinarily resident in the municipality in which that ward falls; and
  2. registered as a voter on that municipality's segment of the voters roll.

(2) Provided the other provisions of this Act are complied with, a person nominated in terms of -

  1. subsection (1) (a) stands in the ward as a ward candidate representing the nominating party; and
  2. subsection (1) (b) stands in the ward as an independent ward candidate.

Requirements for ward candidates to contest election

  1. (1) A person may contest an election as a ward candidate only if that person is nominated on a prescribed form and that form is submitted to the office of the Commission's local representative by not later than a date stated in the timetable for the election.

(2) The following must be attached to a nomination when the nomination is submitted to the Commission:

  1. in the case of an independent ward candidate, a prescribed form with the signatures of at least 50 voters whose names appear on the segment of the voters roll for any voting district in the ward;
  2. a prescribed acceptance of nomination signed by the ward candidate;
  3. a copy of the page of the candidate's identification document on which the candidate's photo, name and identity number appear; and
  4. a deposit equal to a prescribed amount, if any, payable by means of a bank guaranteed cheque in favour of the Commission.

(3) The Commission must accept a nomination submitted to it and allow the nominated person to stand as a candidate in the ward if section 16 (1) and subsections (1) and (2) of this section have been complied with.

List of ward candidates to contest ward election

  1. (1) By not later than a date stated in the timetable for an election, the Commission must -
  1. compile for each ward to be contested in the election a list of the candidates contesting that ward;
  2. certify those lists for that election;
  3. keep copies of those lists available at the office of the Commission's local representative; and
  4. issue to each such candidate a prescribed certificate.

(2) At the request of a person and upon payment of a prescribed amount, the Commission must furnish such person with a certified copy of a list mentioned in subsection (1) (a).

Part 4: Voting stations

Establishment of voting stations

  1. (1) The Commission must establish for an election a voting station, or a voting station and a mobile voting station, or only a mobile voting station, in each voting district in which the election will be held.

(2) The Commission may establish a mobile voting station, or a mobile voting station in addition to a voting station, only if -(a) (b) the voting district is a large and sparsely populated area; and the Commission considers it necessary to assist voters who would otherwise have to travel long distances to reach the voting station.

(3) When determining the location of a voting station, the Commission may take into account any facts that could affect the free, fair and orderly conduct of the election.

(4) Before determining the location of a voting station, the Commission may consult with parties and candidates contesting the election.

(5) By not later than a date stated in the time table for the election, the Commission must give notice that copies of a list of voting stations and their addresses will be available for inspection at the office of the Commission's local representative in the municipality where the election is to be held.

(6) Upon application of a person at the office of the Commission's local representative and upon payment of the prescribed amount the Commission must furnish such a person with a certified copy of the list.

Relocation of voting stations

  1. (1) The Commission may relocate a voting station if the Commission considers it necessary to ensure a free and fair election.

(2) The Commission must make such relocation known in a manner that ensures sufficient publicity among voters in the voting district concerned.

Boundaries of voting stations

  1. (1) The presiding officer of a voting station must before the voting station opens for voting on voting day, and after consultation with party agents and members of the security services who are available at that voting station at that stage, determine the boundary of the voting station.

(2) The presiding officer must demarcate the boundary of the voting station by displaying visible signs, markers or tape along the whole line of the boundary, or at sufficient points along that line, to ensure that the boundary is clearly identified by any person present at that voting station.

Mobile voting stations

  1. (1) If the Commission decides to use a mobile voting station in a voting district in addition to, or in stead of, the voting station established for that voting district, it must, by not later than a date stated in the election timetable, give notice of the route, including the locations and estimated times of stopping, of the mobile voting station.

(2) The notice must be made known in a manner that ensures sufficient publicity of the information referred to in subsection (1) among voters in the voting district concerned.

Part 5: Voting materials

Ballot papers

  1. The Commission must determine
  1. the design of the ballot paper or ballot papers to be used in an election; and
  2. the language to be used on a ballot paper, taking into account the election in which that ballot paper is to be used.

Ballot boxes

  1. (1) The Commission must determine the design and material of ballot boxes to be used in an election.

(2) Each ballot box must be designed in such a way that it can be securely closed.

(3) The Commission must determine the manner in which ballot boxes are to be-

  1. numbered and labelled; and
  2. closed, secured, opened, sealed and unsealed.

Voting compartments

  1. (1) The Commission must determine the design and material of voting compartments to be used in an election.

(2) A voting compartment must be designed in such a way to adequately screen a voter from observation by other persons while marking a ballot paper.

Voting materials

  1. (1) Before a voting station opens for voting, the Commission must supply the presiding officer responsible for that voting station with all the voting materials necessary for the election at that voting station, including -
  1. ballot papers;
  2. ballot boxes;
  3. voting compartments;
  4. the certified segment of the voters roll for the voting district; and
  5. a receipt to be signed by the presiding officer detailing the voting materials entrusted to the presiding officer..

(2) A presiding of officer is responsible for the safe-keeping of all the voting materials supplied to that officer.

Part 6: Officers; additional persons, institutions and agents

Appointment of presiding officers

  1. As soon as practicable after an election has been called the Commission must appoint a presiding officer and a deputy presiding officer for each voting station at which the election is to be conducted.

Powers and duties of presiding officers

  1. (1) The presiding officer-
  1. must manage, co-ordinate and supervise the voting at the voting station concerned;
  2. must take all reasonable steps to ensure orderly conduct at that voting station;
  3. may order a member of the security services to assist in ensuring orderly conduct at the voting station;
  4. may exclude from the area within the boundary of a voting station any person other than -
  1. a member, employee or officer of the Commission, or the chief electoral officer;
  2. an agent who is entitled to be present at a voting station;
  3. a ward candidate;
  4. the number of party candidates referred to in subsection (2) as the presiding officer may allow;
  5. a person appointed by an accredited observer;
  6. a voter present for the purpose of casting a vote; and
  7. any other person or category of persons authorised by the Commission to be present at the voting station; and
  1. may exercise the other powers and must perform the other duties assigned or delegated to a presiding officer by or under this Act;

(2) The number of party candidates to be allowed in a voting station are those which the presiding officer, at the presiding officer's discretion, can comfortably accommodate within the voting station at any specific time having due regard to the demands of a free and fair election.

(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 voting station if that person's conduct is not conducive to a free and fair election at that voting station.

  1. On request by a person ordered in terms of paragraph (a) to leave the area of a voting station, the presiding of ricer must give that person the reasons for the order.

(4) If a person refuses to comply with an order in terms of subsection (3) (a), the presiding officer may order a member of the security services to forcibly remove that person.

(5) The deputy presiding officer of a voting station must act as presiding officer whenever -

  1. the presiding of ficer is absent from duty, or for any reason is temporarily unable to exercise the powers and perform the duties of the presiding officer; or
  2. the office of presiding officer for that voting station is vacant.

Appointment of voting officers

  1. As soon as practicable after an election has been called, the Commission must appoint for each voting station as many voting of officer as are necessary.

Powers and duties of voting officers

  1. A voting officer -
  1. must assist the presiding officer in the exercise of the presiding officer's powers and the performance of the presiding officer's duties; and
  2. may exercise the powers and must perform the duties assigned or delegated to a voting officer by or under this Act.

Appointment of counting officers

  1. (1) As soon as practicable after an election has been called, the Commission must appoint a counting officer and a deputy counting officer for each voting station or venue at which the counting of votes is to be conducted.

(2) The Commission may appoint the presiding officer, deputy presiding officer or a voting officer for a voting station as the counting officer or deputy counting officer for that voting station or other venue.

Powers and duties of counting officers

  1. (1) The counting officer must manage, co-ordinate and supervise the counting of the votes cast at the voting station concerned.

(2) Section 28 (1) (b) to (e), (2), (3) and (4), adjusted as contextually may be necessary, applies in respect of a counting officer.

(3) The deputy counting officer for a voting station or other venue must act as the counting officer whenever -

  1. 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
  2. the office of counting officer for that voting station or venue is vacant.

Appointment of counters

  1. (1) As soon as practicable after an election has been called, the Commission must appoint as many persons as counters as may be necessary for each voting station or venue at which the counting of votes is to be conducted.

(2) The Commission may appoint the deputy presiding officer or a voting officer for a voting station as a counter at that voting station or at a venue.

Powers and duties of counters

  1. A counter
  1. must assist a counting officer in the counting of votes; and
  2. may exercise the powers and must perform the duties assigned or delegated to a counter by or under this Act.

Appointment of additional persons

  1. (1) The Commission may appoint as many additional persons as may be necessary to enable the Commission to exercise its powers and perform its duties effectively.

(2) A person appointed in terms of subsection (1) may be -

  1. a natural person; or
  2. an institution, including a juristic person or an organ of state.

Powers and duties of additional persons

  1. A person appointed in terms of section 3S may exercise any power and must perform any duty assigned or delegated to such a person by or under this Act.

General provisions concerning appointment of officers

  1. (1) A person may not be appointed as an officer in an election, or remain in that office, if that person -
  1. is a party or ward candidate contesting the election;
  2. is an agent in the election; or
  3. holds political or executive of flee in a party.

(2) (a) An of officer exercises the powers and performs the duties assigned or delegated to that officer subject to the directions, control and disciplinary authority of the chief electoral officer.

  1. The chief electoral of officer must determine in writing the terms and conditions of appointment of an officer, including remuneration payable to that officer, if any.

(3) The assignment or delegation of a power or duty to an officer does not prevent the Commission or the chief electoral officer from exercising that power or performing that duty.

(4) A person may be appointed as an officer only if that person has signed a prescribed declaration of secrecy.

(5) 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 any manner give support to, or oppose, any party or candidate contesting an election, or any of the issues in contention between parties or candidates.

(7) An officer may not place in jeopardy that of ficer's 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 suffered by a person as a result of an act performed or omitted in good faith in the exercise of a power or the performance of a duty in terms of this Act.

(9) An of ricer may be removed from office by the chief electoral of officer on account of -

  1. misconduct, incompetence or incapacity;
  2. absence from duty without leave of the chief electoral officer;
  3. bias;
  4. a contravention of this section;
  5. a contravention of the declaration of secrecy; or
  6. any other consideration related to free and fair elections.

(10) An of ricer may resign from of flee by giving one calendar month's notice in writing to the chief electoral officer.

(11) The Commission may appoint, in accordance with this Part, a person to fill a vacancy caused by the death or the removal or resignation from of flee of an of ricer.

General provisions concerning appointment of institutions

  1. (1) In this section, unless the context otherwise indicates, 'institution' means an institution appointed by the Commission.

(2) (a) An institution and its employees -

  1. exercise the powers and perform the duties assigned or delegated to the institution; and
  2. must perform these functions of office subject to the directions, control and disciplinary authority of the chief electoral officer.
  1. The chief electoral officer must determine in writing the terms and conditions of appointment of an institution, including -
  1. the services, facilities and employees to be made available to the Commission by that institution;
  2. the powers and duties delegated to that institution; and
  3. any remuneration payable to that institution.

(3) The delegation of a power or duty to an institution does not prevent the Commission or the chief electoral officer from exercising that power or performing that duty.

(4) An institution must ensure that an employee of an institution which exercises a power or performs a duty in terms of this Act is not -

  1. a party or ward candidate contesting the election;
  2. an agent in the election;
  3. or holds political or executive office in a registered party.

(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 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 party or candidate contesting the election, or any of the issues in contention between parties or candidates.

(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 independence, or harm 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 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 -

  1. incapacity or incompetence;
  2. bias; or
  3. failure to adequately discipline and control its employees exercising a power or performing a duty in terms of this Act.

(11) An institution must immediately terminate an employee's exercise of any power or performance of any duty in terms of this Act on account of that employee's

  1. misconduct, incompetence or incapacity;
  2. absence from duty without leave of the chief electoral officer:
  3. bias;
  4. contravention of this section;
  5. contravention of the declaration of secrecy; or
  6. conduct which is in any other way not conducive to free and fair elections.

(12) An institution may terminate its appointment by giving two calendar months' notice in writing to the chief electoral officer.

Appointment of agents

  1. (1) A party contesting an election may appoint a number of agents for the election equal to -
  1. two agents per voting station; and
  2. four agents per venue where the counting procedure is performed at a venue other than the voting station.

(2) An independent ward candidate may appoint a number of agents for the election equal to -

  1. one agent per voting station in the ward; and
  2. two agents per venue where the counting procedure is performed at a venue other than the voting station.

(3) An agent -

  1. must be a South African citizen; and
  2. may not be a party or ward candidate in the election.

(4) A party or independent ward candidate -

  1. appoints a person as an agent by -
  1. issuing to that person the prescribed written proof of appointment; and
  2. giving notice of the appointment to the presiding officer or counting officer in the prescribed manner; and
  1. revokes the appointment of an agent by -
  1. serving on that person the prescribed revocation of appointment; and
  2. giving notice of the revocation of the appointment to the presiding officer or counting officer in the prescribed manner.

Powers and duties of agents and candidates within a voting station

  1. (1) An agent and a party or ward candidate must wear a prescribed identification tag at a voting station or counting venue.

(2) No party, agent or candidate may within the boundary of a voting station -

  1. display or distribute any billboard, poster, placard or pamphlet;
  2. wear, carry or display any clothing, headwear, footwear or other apparel in such a manner that any writing, picture or sign thereon relating to any party or candidate, other than the prescribed identification tag, is visible;
  3. ttempt to induce, influence or persuade a person to vote for or not to vote for a particular party or candidate; or
  4. attempt to induce, influence or persuade a person not to vote.

(3) An agent or candidate may observe proceedings concerning voting, counting and the determination and declaration of results, but whilst observing such proceedings, the agent or candidate may not interfere with the proceedings but may lodge objections with or bring any alleged irregularities to the attention of the presiding officer or counting officer.

(4) The absence of an agent or candidate from a place where any such proceedings are being conducted does not invalidate those proceedings.

(5) Whilst present at any voting station, or other venue where the proceedings referred to in subsection (3) take place, an agent or candidate must comply with any order issued by an officer or a member of the security services acting on the instructions of an of ricer.


CHAPTER 4
OBSERVERS AND VOTER EDUCATION PROVIDERS

Accreditation of observers

  1. (1) Any organisation may apply to the Commission in accordance with the prescribed procedure 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 information provided by the applicant, and whether -

  1. the accreditation of the applicant will promote conditions conducive to a free and fair election; and
  2. the persons appointed by the applicant will -
  1. observe that election impartially and independently of any party or candidate contesting that election;
  2. be competent and professional in observing that election; and
  3. subscribe to the Code of Conduct for Accredited Observers.

(4) The Commission may decide -

  1. to accredit the applicant, in which case, the Commission must -
  1. enter the applicant's name in the register of persons accredited as observers;
  2. issue a certificate of accreditation to the applicant stating the period and other conditions of accreditation; and
  3. send the certificate to the applicant; or
  1. 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 conditions of the accreditation, the Commission may cancel that accreditation.

(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.

(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 amount.

Powers and duties of accredited observers

  1. (1) A person appointed by an accredited observer 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 declaration of the election results.

(2) Whilst observing an election, 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.

Accreditation of persons providing voter education

  1. (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 considering the application, any further information provided by the applicant, and whether -

  1. the services provided by the applicant meet the Commission's standards;
  2. the applicant is able to conduct its activities effectively;
  3. the applicant or the persons appointed by the applicant to provide voter education will -
  1. do so in a manner that is impartial and independent of any party or   candidate that is or probably will be contesting elections;
  2. be competent to do so; and
  3. subscribe to the Code of Conduct for Accredited Voter Education Providers governing persons accredited to provide voter education; and
  1. the accreditation of the applicant will promote voter education and conditions conducive to free and fair elections.

(4) Section 38 (4) to (7), adjusted as contextually may be necessary, applies to the accreditation of persons providing voter education.

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