Government Gazette

Vol. 405, No. 19858, 17 March 1999

Regulation Gazette, No. 6461

No. R. 363

GOVERNMENT NOTICE

ELECTORAL COMMISSION

REGULATIONS CONCERNING THE SUBMISSION OF LISTS OF CANDIDATES

The Electoral Commission has in terms of section 100 of the Electoral Act, 1998 (Act No. 73 of 1998), read with section 27(1) of the Act, made the regulations set out in the Schedule.

SCHEDULE

Definitions

  1. In these Regulations any word or expression to which a meaning has been assigned in the Act shall have that meaning and, unless the context otherwise indicates, "the Act" means the Electoral Act, 1998 (Act No. 73 of 1998).

List of candidates

  1. (1) Every registered party that intends to contest an election, must submit its list or lists of candidates as required by section 27(1 ) of the Act
  1. in the case of a national list for the National Assembly, in a form similar to Appendix 1;
  2. in the case of a regional list for the National Assembly, in a form similar to Appendix 2;
  3. in the case of a list for a provincial legislature, in a form similar to Appendix 3.

(2) The undertaking and declaration to be signed by the duly authorised representative of a party in terms of section 27(2) of the Act, must be in a form similar to Appendix 4.

(3) The acceptance of nomination and the undertaking to be signed by each candidate in terms of section 27(2) of the Act must be in a form similar to Appendix 5.

Deposit

  1. (1) The amount to be deposited in terms of section 27(2)(e) of the Act is
  1. (a) one hundred thousand rend (R100 000-00) in respect of an election of the National Assembly; and
  2. (b) twenty thousand rend (R20 000-00) in respect of an election of a provincial legislature.

(2) The deposit must be paid by bank guaranteed cheque in favour of the Electoral Commission.

Notification of non-compliance by chief electoral officer

  1. The notification by the chief electoral officer to a party that it has not fully complied with section 27 of the Act when submitting a list of candidates, must be served on that party and must be in a form similar to Appendix 6.

Fees for certified copy of lists and accompanying documents

  1. (1) The fee to be paid in terms of section 29(5) of the Act for a certified copy of, or extract from, a list of candidates or accompanying documents is One Rand (R1-00) per page.

(2) The fee to be paid in terms of section 31(2) of the Act for a certified copy of, or extract from, a list of registered parties entitled to contest an election or the final list of candidates for any party contesting an election, is One Rand (R1-00) per page.

Objection to nomination of candidate

  1. (1) A person wishing to object in terms of section 30(1) of the Act to the nomination of a candidate, must do so by serving on the Commission at its office in Pretoria a notice of objection containing the following information -
  1. the objector's full names, postal address and home or office address;
  2. full particulars of the candidate whose nomination is objected to;
  3. the reasons for making the objection;
  4. details of supporting documentation accompanying the notice of objection (if any); and
  5. proof of service of the objection on the registered party that nominated the candidate.

(2) The Commission must notify the objector and the registered party that nominated the candidate of its decision by serving on them a notice in a form similar to Appendix 7.

Appeal to Electoral Court against decisions of Commission

  1. (1) An objector or registered party wishing to appeal against a decision of the Commission in terms of section 30(4) of the Act, must do so in accordance with the rules of the Electoral Court.

(2) The Electoral Court must notify the parties to an appeal and the chief electoral officer of its decision in terms of section 30(5) of the Act by transmitting the contents of the decision to them by telefax or E-mail or by hand.

Short Title

  1. These regulations are called the Regulations concerning the Submission of Lists of Candidates, 1999.

Appendicies 1-7: Electoral Commission