CHAPTER 5
VOTING

Special votes

44. (1) The Commission must allow a voter to apply for a special vote at a voting station in the voting district for which that person is registered as a voter, but only if that person cannot vote at that voting station on voting day due to that person's -

1. physical infirmity or disability; or
2. absence from that voting district while serving as an officer in the election concerned, or while on duty as a member of the security services in connection with the election.

(2) A person referred to in -

1. subsection (1) (a), may apply for a special vote by delivering or causing to be delivered an application on a prescribed form to the office of the Commission's local representative by not later than a date stated in the time table for the election; or
2. subsection (1) (b), may apply for a special vote by submitting in person an application on a prescribed form to the presiding officer for that voting district at the office of that officer during the relevant hours and on a date or dates stated in the election timetable.

(3) An application received by the Commission in terms of subsection (2) must be delivered to the presiding officer of the relevant voting station by not later than the date stated in the election timetable.

(4) The presiding officer, or a voting of ficer designated by the presiding officer, must consider every application received and -

1. approve the application if satisfied that the applicant -

1. is registered as a voter on the certified segment of the voters roll for the voting district mentioned in the application; and
2. cannot vote at a voting station for that voting district on voting day due to physical infirmity or disability or due to absence from the voting district while serving as an of officer in the election or on duty as a member of the security services in connection with the election; or

2. reject the application if not so satisfied.

(5) If the application is rejected, the applicant must be notified of the rejection on a prescribed form which must be handed to the applicant or, if the voter is not present in person, sent to the applicant's address within the voting district as specified in the application, by not later than two days before the voting day.

(6) If the application is approved, the applicant must -

1. be allowed to vote at the voting station for the voting district mentioned in the application on a date or dates stated in the election timetable; or
2. if subsection (1) (a) applies and the applicant so requires, be visited on a date or dates stated in the election timetable by at least two voting officers, at the applicant's address within the voting district specified in the application, in order to allow the applicant to vote at that address.

(7) On production of an identity document and provided the voting officer, or if subsection (5) (b) applies, the voting officers, are satisfied that the applicant is the person described in that identity document, the applicant must be handed a ballot paper, marked on the back with the of ficial stamp, for each ballot in which the applicant is entitled to vote in that election.

(8) The applicant's hand must be marked if so required in terms of section 51.

(9) The applicant must be allowed to mark the ballot paper in secret and to place and seal it in an unmarked envelope which in turn is placed and sealed in another envelope which must be marked on the outside with the applicant's name and identity number.

(10) If subsection (S) (b) applies and an applicant is visited at an address within the voting district, the voting officers must take the marked envelope to the office of the presiding officer.

(11) The presiding officer must ensure that-

1. the applicant's name on the voters roll is marked with the letters 'SV' to indicate that the applicant has cast a special vote; and
2. the envelope is placed and securely kept in a sealed ballot box for special votes.

(12) The presiding officer must keep a written record of all such applications for special votes on a prescribed form.

(13) On voting day, the ballot box for special votes must be opened and each marked envelope be checked and compared with the marked voters roll, the applications for special votes and the records of applications for special votes.

(14) If no irregularity is found that renders the special vote unacceptable, the marked envelope must be opened, the unmarked envelope inside be removed and placed unopened in the ordinary ballot box then in use in the voting station.

(15) Where appropriate and unless clearly inconsistent, the provisions of this Act relating to voting, the counting of votes, agents, observers, voting stations, voting materials, officers and their powers and duties, objections and appeals, prohibited conduct, enforcement and offences and penalties, apply in respect of special votes.

Officers at voting stations

45. On voting day, each voting station must be staffed by -

1. the presiding officer appointed for that voting station; and
2. the voting officers appointed for that voting station.

Hours of voting

46. (1) Unless the Commission determines other voting hours for an election in general or for a particular voting station, a voting station must -

1. open for voting at 07h00; and
2. remain open for voting until 21h00.

(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.

(3) No person may be admitted to the voting station has closed for voting.

(4) Voting at a voting station must continue until every voter has voted who -

1. is entitled to vote at that voting station; and
2. had reported for voting at that voting station before the closing time.

(5) To ensure a free and fair election, the Commission -may temporarily close a voting station for part of the voting day if it is temporarily impossible to conduct a free and fair election at that voting station; or

1. a voting station for the purpose of voting after
2. on the voting day, may extend voting hours at a voting station until as late as midnight on that day.

Initial procedures

47. (1) Immediately before opening a voting station for voting, the presiding officer 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 assured themselves that a ballot box is empty, the presiding officer 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 presiding of officer for that purpose, so that ballot papers cannot be inserted into or removed from the ballot box through those openings.

Voting procedure

48. (1) A voter may -

1. vote in an election only at the voting station in the voting district in which that voter is registered; and
2. vote only once in the election, but when voting may cast a vote in each ballot conducted at that voting station.

(2) A voter is entitled to vote at a voting station -

1. on production of that voter's identity document to the presiding officer or a voting officer at the voting station; and
2. 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 of ficer, that of officer must examine the identity document and determine whether -

1. the voter is the person described in that identity document;
2. the voter's name appears on the certified segment of the voters roll for the voting district concerned; and
3. that voter has not already voted in the election.

(4) For the purposes of subsection (3) (a), the presiding officer or voting officer may require that the voter's fingerprints be taken.

(5) If the presiding officer or voting of officer is satisfied in respect of all the matters mentioned in subsection (3), that officer must

1. record that the voter is regarded to have voted in the election;
2. mark the hand of the voter if so required in terms of section 51;
3. mark the back of the ballot paper or papers to which the voter is entitled with the official stamp for the election; and
4. 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 (5) (c), the voter must -

1. enter an empty voting compartment;
2. mark the ballot paper or papers in secrecy in a way that indicates the party or candidate the voter wishes to vote for;
3. fold the ballot paper or papers to conceal the voter's vote;
4. take the ballot paper or papers to a ballot box and show it to the presiding officer or a voting officer in a way that that officer can see the official stamp affixed in terms of subsection (S) (c);
5. place the ballot paper or papers in the ballot box; and
6. without delay leave the voting station.

Assistance to certain voters

49. (1) A person, other than the presiding officer or a voting officer, may assist a voter in voting but only if

1. the voter requires assistance due to physical disability;
2. the voter has requested to be assisted by that person; and
3. the presiding officer is satisfied that the person rendering assistance is -

1. at least 18 years old; and
2. not an agent or a candidate.

(2) The presiding officer or a voting officer, at the request of a voter who is unable to read, must assist that voter to cast a vote and provide such assistance in the presence of

1. a person appointed in terms of section 41 by an accredited observer, if available; and
2. two agents appointed by different parties or candidates, if available.

(3) In applying this section, the secrecy of voting contemplated in section 48 (6) (b) must be preserved as far as is possible.

Issue of new ballot papers

50. (1) If a voter accidentally marks a ballot paper in a way that does not indicate for whom the voter wishes to vote and the ballot paper has not yet been placed in the ballot box, the voter may return that ballot paper to the presiding officer or a voting of ficer.

(2) Upon receiving such a ballot paper from a voter, the presiding officer or a voting officer must mark "cancelled" on the back of the ballot paper and file it separately.

(3) The presiding officer or voting officer must then hand the voter a new ballot paper.

Marking of the hand

51. (1) The Commission may decide that in an election the hand of a voter must be marked.

(2) If the Commission decides that the hand of a voter must be marked, it must be done by drawing a short line on the voters' left thumb and left thumb nail with visible indelible ink.

(3) If the voter does not have a left thumb or thumb nail or if it is impractical due to injury, disease or any other cause to mark the left thumb and left thumb nail, any one of the left hand fingers or nails must be so marked and, if for similar reasons a left hand finger and nail cannot be marked, a finger and nail of the right hand must be so marked.

(4) If for any of the reasons referred to in subsection (3), no finger and nail of a voter can be marked, the presiding of ricer must record the voter's name, address, identity number and the reasons why the voter's hand could not be marked, on a list kept for that purpose.

Objections concerning voting

52. (1) At any time before a voter has been handed a ballot paper, an agent or ward candidate may object to that voter being allowed to vote or to vote at the voting station concerned.

(2) An agent or ward candidate, or the voter concerned, may object if the voter is refused a ballot paper.

(3) An agent or ward candidate, or a voter, may object to any conduct, other than that mentioned in subsection (1) or (2), of an officer, an agent, or any other person present at a voting station.

(4) An objection in terms of subsection (1), (2) or (3) must be made in writing on a prescribed form and handed to the presiding officer concerned.

(5) The presiding officer must summarily investigate the factual circumstances underlying the objection, and may for this purpose also direct verbal enquiries to anyone that may be able to assist.

(6) After having investigated the objection, the presiding officer must -

1. decide the objection;
2. record the decision on the written objection; and
3. verbally inform the objector and any other parties involved in the objection of the decision.

(7) The presiding officer must keep a written record of each objection and decision taken in terms of this section.

Sealing of full ballot boxes

53. (1) The presiding officer, in the presence of any agents and candidates present, must

1. as soon as a ballot box is full seal the ballot box by closing the opening of the ballot box through which the ballot papers were put into the ballot box with a seal supplied by the Commission to the presiding officer for that purpose;
2. after the last vote has been cast similarly seal the last ballot box and any unused ballot boxes; and
3. allow those party agents present, if they so wish, to affix their seals thereto.

(2) A sealed ballot box must remain -

1. sealed until opened for the counting of votes; and
2. in the voting station, within sight of anyone present, until the counting of the votes commences or, if the votes are not to be counted at that voting station, until transported to the counting officer..

Completion of ballot paper statement and sealing of voting materials

54. As soon as practicable after a voting station has been closed for voting, the presiding officer, in the presence of any agents and candidates present, must -

1. complete a ballot paper statement on a prescribed form reflecting the number of -

1. ballot boxes entrusted to that presiding officer;
2. used ballot boxes;
3. unused ballot boxes;
4. ballot papers for each ballot entrusted to that presiding officer;
5. issued ballot papers for each ballot;
6. unissued ballot papers for each ballot; and
7. cancelled ballot papers in each ballot;

2. seal each unused ballot box entrusted to that presiding officer;
3. seal in separate containers -

1. the certified segment of the voters roll for the voting district;
2. the unused ballot papers entrusted to that presiding officer;
3. the cancelled ballot papers; and
4. the written record, as required by section 52 (7), of any objections concerning voting; and

4. allow those party agents to affix their seals to the items mentioned in paragraphs (b) and (c).

Voting procedure for mobile voting stations

55. (1) If the Commission decides to use only a mobile voting station for the election in any voting district, the voting procedures set out in this Chapter, adjusted as may contextually be necessary, must be applied.

(2) Voting at a mobile voting station at a particular location must continue at that location until every voter has voted who -

1. is entitled to vote in the voting district; and
2. had reported for voting at that location of the mobile voting station before the stopping time at that location has expired.

(3) If a voting station and a mobile voting station are used in a voting district, the voting procedures set out in this Chapter, adjusted as follows, must be applied:

1. The mobile voting station must be managed as if it is an integral part of the voting station.
2. The voting material necessary for the election at the mobile voting station, including a certified voters roll for the voting district concerned, must be supplied to the presiding officer of the voting station as an integral part of that voting station's material and that presiding officer in turn, must supply the presiding officer of the mobile voting station with the necessary voting material and obtain a receipt from that officer.
3. The presiding officer of the mobile voting station must deliver to the counting officer of the voting station the items mentioned in section 54.
4. The counting officer of the voting 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 papers, the counting of the votes and the determination of results of the count for the voting station.

General

56. Subject to the provision of section 46, 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 established for the voting district in which that person is registered as a voter.

CHAPTER 6
COUNTING

Commencement of counting procedures

57. (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

58. (1) Votes must be counted at the voting station at which those votes were cast, except when -

1. the voting station is a mobile voting station; or
2. 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 of officer for that voting station, the presiding of officer must deliver to the counting officer the items mentioned in section 54.

(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 following items mentioned in section 54 to the counting officer of a counting venue determined by the Commission:

1. the ballot paper statement;
2. the sealed, used ballot boxes;
3. the sealed, unused ballot boxes; and
4. the sealed containers.

Verification procedure

59. (1) After receipt of the items mentioned in section S8 (3), the counting officer must -

1. examine whether the seals are intact on those items; and
2. allow any agents or ward candidates present to examine whether the seals are intact.

(2) After examining the seals, the counting of ficer 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 54 (a) by comparing it with -

1. the number of used ballot boxes received;
2. the number of unused ballot boxes received;
3. the number of containers received; and
4. 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:

1. The counting officer must immediately call for an explanation by the presiding officer who delivered the material.
2. The counting officer and the presiding officer must together attempt to resolve the irregularities and discrepancies.
3. The agents and ward candidates present in the counting station must -

1. be informed immediately about the irregularities and discrepancies;
2. as far as possible be present at all discussions between the counting officer and the presiding officer; and
3. be invited to contribute to the discussion and the search for solutions.

4. If any of the material appears to have been unlawfully tampered with or is 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 -

1. keep a written record of -

1. the nature of each irregularity and discrepancy;
2. the manner in which those irregularities and discrepancies were dealt with; and
3. the explanations offered by the presiding officer and any of the agents or ward candidates; and

2. 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

60. (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 procedure performed by the counting officer.

(2) The objection must be lodged with the counting officer in writing.

(3) Section 52 (5) to (7), adjusted as may contextually be necessary, applies to the objection.

(4) The counting officer must summarily investigate the factual circumstances relating to the objection, and may for this purpose also direct verbal enquiries to any person that may be able to assist.

(5) The counting officer must -

1. decide the objection;
2. record the decision on the written objection; and
3. verbally inform the objector and any other parties involved in the objection of the decision.

Counting of votes

61. (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

62. (1) The counting officer must reject a ballot paper -

1. that indicates the identity of the voter;
2. on which a vote is cast for more than one party or for more than one ward candidate;
3. that is unmarked;
4. that is marked in such a way that it is not reasonably possible to determine the voter's choice;
5. that does not bear the official mark on the back of the ballot paper; or
6. that is not an official ballot paper.

(2) The counting officer must -

1. mark 'rejected' on the back of each rejected ballot paper; and
2. file the rejected ballot papers in each ballot separately.

(3) If a counting officer's acceptance or rejection of a ballot paper is disputed by an agent or ward candidate, the counting officer must -

1. mark 'disputed' on the back of that ballot paper;
2. cause to be counted, the accepted ballot papers that are disputed; and
3. file the rejected ballot papers that are disputed separately.

Objections concerning sorting of ballot papers and counting of votes

63. (1) An agent or ward candidate may object to an alleged irregularity in the sorting of ballot papers or inaccuracy in the counting of the votes.

(2) The objection must be made to the counting officer in writing at any stage before the counting officer has completed the form mentioned in section 64 (1).

(3) The counting officer must summarily investigate the factual circumstances relating to the objection, and may for this purpose also direct verbal enquiries to any person that may be able to assist.

(4) The counting officer must -

1. decide the objection and the question whether to order a recount;
2. record the decision on the written objection; and
3. 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 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

64. (1) The counting officer must complete a prescribed form reflecting the result of the count in respect of each ballot conducted at the voting station.

(2) Once the counting officer has complied with subsection (1), the counting officer must -

1. 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 municipality concerned;
2. seal in separate containers the ballot paper statement referred to in section 54 (a) and each of the items mentioned in section 54 (c) and the written record of any objections in terms of section 67 (6); and
3. deliver the sealed containers to the Commission at the office of the Commission's local representative.

Determination and declaration of result of election

65. 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 -

1. determine the result of the election in the municipality;
2. record the result on a prescribed form; and
3. declare the result in public.

Objections material to declared results of election

66. (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 serving, by not later than 17:00 on the second day after voting day, at its office in Pretoria a written notice containing -

1. a reference to the election concerned;
2. the full name and address of the objector;
3. the postal address and telephone number where the objector can be contacted;
4. the interest of the objector in the matter;
5. details of the objection and the aspect of the election concerned;
6. detailed reasons for the objection;
7. the relief sought;
8. a list of any supporting documents accompanying the notice of objection; and
9. 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

1. investigate the factual basis of the objection;
2. afford interested parties an opportunity to make written or oral submissions;
3. call for written or oral submissions from other persons or parties;
4. call upon the objecting party to submit further information or arguments in writing or orally; and
5. conduct a hearing on the objection.

(4) The Commission must

1. consider the objection and decide it within three days after it was served on the Commission, and either -

1. reject the objection;
2. amend the declared result of the election; or
3. rescind the declared result of the election; and

2. 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 and 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 the Rules of the Electoral Court.

(6) The Electoral Court must

1. consider the appeal and either -

1. reject the repeal;
2. amend the decision of the Commission; or
3. make another appropriate order; and

2. 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
GENERAL PROVISIONS

Part 1: Prohibited conduct

Contravention of Code

67. No person or party bound by the Code may contravene or fail to comply with a provision of the Code.

Undue influence

68. (1) No person may -

1. compel or unlawfully persuade any person -

1. to register or not to register as a voter;
2. to vote or not to vote;
3. to vote or not to vote for any party or candidate;
4. to support or not to support any party or candidate; or  
5. to attend and participate in, or not to attend and participate in, any political meeting, march, demonstration or other political event;

2. interfere with the independence or impartiality of the Commission, any member, employee or officer of the Commission, or the chief electoral officer;
3. prejudice any person because of any past, present or anticipated performance of a function in terms of this Act;
4. advantage, or promise to advantage, a person in exchange for that person not performing a function in terms of this Act;
5. prevent any of the following persons from gaining reasonable access to voters,whether in a public or private place:

1. Any representative of a party or of a candidate;
2. any candidate in an election;
3. any member, employee or officer of the Commission;
4. the chief electoral officer;
5. any person appointed by an accredited observer; or
6. any person accredited to provide voter education; or

6. unlawfully prevent the holding of any political meeting, march, demonstration or other political event.

(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 -

1. persuade that other person that that other person is entitled to be registered as a voter; or
2. represent 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 -

1. assist, compel or persuade that other person to vote; or
2. represent to anyone else that that other person is entitled to vote.

Impersonation

69. No person -

1. may apply for a ballot paper at a voting station in the name of another person, whether living, dead or fictitious;
2. who is not entitled to vote in an election or at a voting station, may vote in that election or at that voting station;
3. may cast more votes than that person is entitled to; or
4. may impersonate -

1. a representative of a party or of a candidate;
2. a candidate in an election;
3. a member, employee or officer of the Commission;
4. the chief electoral officer;
5. a person appointed by an accredited observer; or
6. a person accredited to provide voter education.

Intentional false statements

70. (1) No person, when required in terms of this Act to make a statement, may make the statement -

1. knowing that it is false; or
2. without believing on reasonable grounds that the statement is true.

(2) No person may publish any false information with the intention of -

1. disrupting or preventing an election;
2. creating hostility or fear in order to influence the conduct or outcome of an election; or
3. influencing the conduct or outcome of an election.

Infringement of secrecy

71. (1) 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 -

1. disclose any information about voting or the counting of votes; or
2. open any ballot box or container sealed in terms of this Act, or break its seal.

Prohibitions concerning voting and election materials

72. (1) Except as permitted in terms of this Act, no person may -

1. print, manufacture or supply any voting or election material;
2. remove or conceal any voting or election material;
3. damage or destroy any voting or election material; or
4. use the voters roll or any voting or election material for a purpose other than an election purpose.

(2) The chief electoral officer may authorise -(a) the printing, manufacture or supply of any voting or election material; or (b) the removal or destruction of any voting or election material.

Prohibitions concerning placards and billboards during election

73. (1) No person may deface or unlawfully remove any billboard, placard or poster published by a party or candidate for purpose of an election.

(2) On the day of the election, 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 election.

Obstruction of, or non-compliance with, directions of Commission, chief electoral officer and other officers

74. (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.

(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

75. (1) (a) This section is applicable only from the date on which the notice calling an election is published to the date the result of the election is declared.

1. For the purposes of this section, 'printed matter' means any billboard, placard, poster or pamphlet.

(2) Any printed matter intending to affect the outcome of an election must state clearly the full name and address of the printer and publisher.

(3) The publisher of any publication must head an article in that publication with the word 'advertisement' if that article -

1. originates from -

1. a party, a person who holds political or executive office in that party, or any member or supporter of that party; or
2. a candidate contesting an election or supporter of that candidate; and

2. 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

76. On voting day no person may -

1. hold or take part in any political meeting, march, demonstration or other political event; or
2. engage in any political activity, other than casting a vote, in the area within the boundary of a voting station.

Prohibition on publication of exit polls

77. During the prescribed voting hours for an election, no person may print, publish 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

78. (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.

Jurisdiction and powers of Electoral Court

79. (1) The Electoral Court has final jurisdiction in respect of all electoral disputes and complaints about infringements of the Code, and no decision or order of the Electoral Court is subject to appeal or review.

(2) If a court having jurisdiction by virtue of section 20 (4) (b) of the Electoral 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 fair election impose any appropriate penalty or sanction on that person or party, including -

1. a formal warning;
2. a fine not exceeding R200 000;
3. the forfeiture of any deposit paid by that person or party in terms of section 14 (1) (b) or 17 (2) (d);
4. an order prohibiting that person or party from -

1. using any public media;
2. holding any public meeting, demonstration, march or other political event;
3. entering any voting district for the purpose of canvassing voters or for any other election purpose;
4. erecting or publishing billboards, placards or posters at or in any place;
5. publishing or distributing any campaign literature;
6. electoral advertising; or
7. receiving any funds from the state or from any foreign sources;

5. an order imposing limits on the right of that person or party to perform any of the activities mentioned in paragraph (d);
6. an order excluding that person or any agents of that person or any candidates or agents of that party from entering a voting station;
7. an order reducing the number of votes cast in favour of that person or party;
8. an order disqualifying the candidature of that person or of any candidate of that party; or
9. an order cancelling the registration of that party .

(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: Offences and penalties

Offences

80. Any person who contravenes a provision of Part 1 of this Chapter is guilty of an offence.

Penalties

81. Any person convicted of any offence in terms of -

1. section 67, 68 (1) (b), (c) or (d), 70 (2), 71, 72 or 74, is liable to a fine or to imprisonment for a period not exceeding 10 years;
2. section 68 (1) (a), (e) or (f), (2), (3) or (4), 69, 70 (1), 73, 75 (4), 76 or 77, is liable to a fine or to imprisonment for a period not exceeding five years.

Part 4: Other general provisions

Access to private places

82. Members, employees and officers of the Commission have access to private places when that access is necessary for the exercise of a power or the performance of a duty assigned to them by or under this Act.

Ownership of voting and election materials, and disposal

83. (1) The Commission is regarded as owning all voting and election materials used or provided by it in an election.

(2) Unless the Electoral Court orders otherwise, the Commission may dispose of the voting and election materials used in a particular election after six months after the date on which the final result of the election was declared, in the manner directed by the Commission.

Return or forfeiture of deposit

84. (1) Subject to section 79 (2) (c), the Commission must refund to a party or a ward candidate any deposit paid by it in terms of sections 14 (1) (b) or 17 (2) (d) if -

1. the party is allocated at least one seat in the municipal council the election of which that party contested; or
2. 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

85. (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

86. 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

87. (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 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.

Limitation of liability

88. The Commission, a member, employee and officer of the Commission, the chief electoral officer, an institution appointed in terms of section 41, and a person with whom the Commission has contracted to work for the Commission, is not liable for any loss suffered by any person as a result of any act performed or omitted in good faith in the course of exercising a power or performing a duty assigned by or under this Act.

Part 5: Codes of conduct and regulations

Electoral Code of Conduct

89. The Electoral Code of Conduct binds every party contesting an election and every party and ward candidate.

Other Codes

90. The Commission may by notice in the Government Gazette -

1. compile and issue any other Code in order to promote free, fair and orderly elections; and
2. amend or replace any Code issued in terms of paragraph (b),

Regulations

91. (1) The Commission must make regulations regarding any matter that must be prescribed in terms of this Act.

(2) The Commission may make regulations regarding any matter -

1. that may be prescribed in terms of this Act; or
2. 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 regulations.

(4) The Commission must publish any regulations made in terms of this section in the Government Gazette.

Delegation of powers and duties by Commission

92. (1) The Commission may -

1. delegate any of the Commission's powers in terms of this Act (excluding the powers contained in sections 90 or 91 or this section) or any other law, to a member, employee or officer of the Commission; or
2. instruct a member, employee or officer of the Commission to perform any of the Commission's duties in terms of this Act or any other law.

(2) A delegation or instruction in terms of subsection (1) -

1. is subject to any limitations and conditions the Commission may impose; and
2. does not prevent the Commission from exercising or performing the delegated power or duty.

(3) A delegation or instruction in terms of subsection (1) to the chief electoral officer may authorise that officer to sub-delegate the delegated power or 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 sub-delegation in terms of 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 duties by chief electoral officer

93. (1) The chief electoral officer may -

1. delegate any of the powers entrusted to the chief electoral officer in terms of this Act or any other law, to another employee or officer of the Commission; or
2. instruct an employee or officer of the Commission to perform any of the duties assigned to the chief electoral officer in terms of this Act or any other law.

(2) A delegation or instruction in terms of subsection (1) -

1. is subject to any limitations and conditions the chief electoral officer may impose; and
2. does not prevent the chief electoral officer from exercising or performing the delegated power or duty.

(3) The chief electoral officer may vary, confirm or revoke any decision taken in consequence of a delegation or sub-delegation in terms of 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

94. Whenever the Commission, the chief electoral officer or officer is required in terms of this Act to decide an objection or an appeal, the Commission or that person may attempt to resolve the issue that is the subject of the objection or appeal, through conciliation.

Part 7: Miscellaneous

Amendment of laws

95. 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

96. The Local Government Transition Act, 1993 (Act 209 of 1993), does not apply to the a municipal election held after the expiry of the term of municipal councils referred to in section 93 (3) of the Municipal Structures Act.

Act binds State

97. This Act binds the state except in so far as criminal liability is concerned.

Short title

98. This Act is called the Local Government: Municipal Electoral Act, 2000.

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