SCHEDULE 1
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

  1. 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

  1. Every party and every candidate must -

(a) comply with this Code;
(b) instruct -

  1. 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; or
  2. in 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 steps to ensure -

  1. 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
  2. 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

  1. (1) Every party and every candidate must -

(a) publicly state that everyone has the right -

  1. to freely express their political beliefs and opinions;
  2. to challenge and debate the political beliefs and opinions of others;
  3. to publish and distribute election and campaign materials, including   notices and advertisements;
  4. to lawfully erect banners, billboards, placards and posters;
  5. to canvass support for a party or candidate;
  6. to recruit members for a party;
  7. to hold public meetings; and
  8. 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

  1. 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.

Role of women

  1. 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

  1. 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 officer;
(d) establish and maintain effective lines of communication with -

  1. the Commission; and
  2. 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 party or candidate;
(f) co-operate in any investigation of the Commission;
(g) take all reasonable steps to ensure -

  1. the safety of members, employees and officers of the Commission, and the chief electoral officer, in the exercise of any power or the performance of any duty assigned by or under this Act;
  2. 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
  3. that representatives of that party or candidate attend meetings of any party liaison committee or other forum convened by the Commission.

Role of media

  1. 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 physical assault by any of their representatives or supporters.

Prohibited conduct

  1. (1) No party or candidate may -

(a) use language or act in a way that may provoke -

  1. violence during an election; or
  2. 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 an election in respect of -

  1. a party, its candidates, representatives or members; or
  2. a ward candidate or that candidate's representatives;

(c) plagiarise the symbols, colours or acronyms of other parties; or

(d) discriminate on the grounds of race, ethnicity, sex, gender, class or religion in connection with an election or political activity.

(2) No person may -

(a) offer any inducement or reward to another person -

  1. to join or not to join a party;
  2. to attend or not to attend a public meeting, march, demonstration, rally or other public political event;
  3. to vote or not to vote, or to vote or not to vote in any particular way; or
  4. to refuse a nomination as a candidate or to withdraw as a candidate; or

(b) carry or display arms or weapons -

  1. at a political meeting; or
  2. in any march, demonstration, rally or other public political event;

(c) unreasonably prevent any other person access to voters for the purpose of voter education, collecting signatures, recruiting members, raising funds or canvassing support for a party or candidate;

(d) deface or unlawfully remove or destroy the billboards, placards, posters or any other election materials of a party or candidate; or

(e) abuse a position of power, privilege or influence, including parental, patriarchal, traditional or employment authority to influence the conduct or outcome of an election.

Additions to Code

  1. The Commission may by regulations made in terms of section 91 add provisions to this Code.

SCHEDULE 2

AMENDMENT OF LAWS

No. and year of law Short title Extent of amendment |
Act No. 51 of 1996 Electoral Commission Act1 996 Amendment of the Electoral Commission Act, by the insertion after section 15 of the following section:

"Registration of parties for municipal elections

15A. (1) The Chief Electoral Officer shall, upon application by a party in the prescribed form, register

such party in respect of a particular municipality.

(2) No party not represented in a municipal council in that municipal area or areas may be so registered unless the application is accompanied by -

  1. that party's deed of foundation;
  2. the prescribed amount, if any; and
  3. proof of publication in a newspaper circulating in that municipal area of the prescribed notice of application.

(3) A party registered for a particular municipality or municipalities, may on the strength of such registration only participate in elections for councils for those municipalities.

(4) Subsections 15 (1), (2), (3) and (4) do not apply to a registration under this section.".
Act No. 73 of 1998 Electoral Act, 1998 Amendment of the Electoral Act, 1998, by the addition to section 7 of the following subsection:

"(3) A person is ordinarily resident at the home or place where that person normally lives and to which that person regularly returns after any period of temporary absence. For the purpose of registration on the voters' roll a person is not ordinarily resident at a place where he or she is lawfully imprisoned or detained. For the purposes of registration on the voters' roll such a person is ordinarily resident at the last home or place where he or she normally lived when not imprisoned or detained.".
Act No. 117 of 1998 Local Government : Municipal Structures Act, 1998 Amendment of the Municipal Structures Act by -
  1. the substitution in section 1 for the definition of 'party' of the following definition:

"'party' means a party registered in terms of the Electoral Commission Act, 1996 (Act 51 of 1996);";

  1. (b) the insertion in section 12 (3) after paragraph (e) of the following paragraph:

"(eA) in the case of a district municipality, the number of those councillors, determined in terms of section 23, to

  1. proportionally represent parties;

  2. be appointed by each of the local councils within the district municipality to directly represent each local municipality; and

  3. proportionally represent parties from each district management area within that district municipality;".

  1. the deletion in section 24 of the words "or days" wherever they occur;

  2. the substitution in section 25 (1) (a) for the expression "Electoral Act" of the expression "Electoral Commission Act, 1966, (Act 51 of 1996)";

  3. the substitution in section 25 (1) (b) for the word "development" of the word "management";

  4. the deletion in section 25 (3) of the words "or days" and "or last voting day";

  5. the deletion in section 25 (4) of the words "or days" wherever they occur;

  6. the substitution in section 27 (f) for subparagraphs (i) and (ii) of the following subparagraphs:

  1. "was nominated by a party as a candidate in the ward election and ceases to be a member of that party; or

  2. was not nominated by a party as a candidate in in the ward election and becomes a member of a party.";

  1. the substitution in item 1 of Schedule 1 for the definition of "independent ward candidate" of the following definition:

"'independent ward candidate' means a councillor who was not nominated by a party as a candidate in a ward election;";

  1. the substitution in item 1 of Schedule 1 for the definition of "ward candidate representing a party" of the following definition:

"'ward candidate representing a party' means a ward candidate who was nominated by a party as a candidate in a ward election;";

  1. the substitution for item 10 of Schedule 1 of the following item:

"1. A list of candidates may be submitted only by a party.";

  1. the substitution for subitems (1) and (2) of item 15 of Schedule 1 of the following subitem:

"(1) If no party submitted a list, a by-election must be held within 90 days of nomination day and the MEC must after consultation with the Commission determine the date of the election.";

  1. the substitution for item 4 of Schedule 2 of the following item:

"1. A list of candidates may be submitted only by a party."; and

  1. the substitution for subitems (1) and (2) of item 9 of Schedule 2 of the following subitem:

"(1) If no party submitted a list, a by-election must be held within 90 days of nomination day and the MEC must after consultation with the Commission determine the date of the election." .

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