Government Gazette

Vol. 421, No. 21386, 13 July 2000

Regulation Gazette, No. 6852

No. R. 712

ELECTORAL COMMISSION

REGULATIONS FOR THE REGISTRATION OF POLITICAL PARTIES

The Electoral Commission has, under the powers vested in it by section 23(1)(c) of the Electoral Commission Act, 1996 (Act No. 51 of 1996), made the regulations set out in the Schedule.

SCHEDULE

Definitions

1. In these Regulations -

1. any word or expression to which a meaning has been assigned in section 1 of the Electoral Commission Act, 1996 (Act No. 51 of 1996), shall have that meaning;
2. unless the context otherwise indicates "Act" means the Electoral Commission Act, 1996 (Act No. 51 of 1996).

Application for Registration.

2. (1) a Every application referred to in section 15(1) and 15 A(1) of the Act must be submitted to the Chief Electoral Officer in a form substantially similar to Annexure 1.

2. The notice of application referred to in section 15 (3) (c) and 15 A (2) (c) of the Act must be in a form substantially similar to Annexure 2, and must be published -

1. in the case of and application referred to in section 15 (3) in the Gazette, on a date at least 14 days before the date on which the application is intended to be lodged with the Chief Electoral Officer; and

2. in the case of an application referred to in section 15 A (2) (c) in a newspaper circulating in that Municipal area, on a date at least 7 days, before the:date on which the application is intended to be lodged with the Chief Electoral Officer..

3. Anyone wishing to raise an objection against the intended registration must do so by written notice in which is set out the grounds for the objection and which must be delivered at the office of the Chief Electoral Officer before or on the date on which the application for registration is to be lodged with the Chief Electoral Officer.
4. The Chief Electoral Officer must reject an application -

1. for any of the reasons contemplated in section 16 (1) (a) of the Act; or
2. if the application does not comply with the provisions of the Act or Regulations.

Deed of foundation

3. The deed of foundation referred to in section 15 (3) and 15 A (2) (a) of the Act must be signed by 50 qualified voters;

Registration fees

4. (a) The amount referred to in section 15 (3) (b) of the Act shall be R500 and the amount referred to in section 15 A (2) (b) of the Act shall be R200 in respect of each municipality.

Registration certificate

5. The registration certificate referred to in section 15 (5) of the Act shall be in a form substantially similar to Annexure 3.

Notification of registration in Gazette

6. The particulars which must be published in the Gazette in terms of section 15 (5) of the Act shall be the following, namely:

1. name and abbreviated name of party;
2. symbol of party;
3. that the party has been registered only in respect of a particular municipality, if that is the ease;
4. date of registration; and
5. reference number.

Register of parties and registration of documents

7. (1) The Chief Electoral Officer must keep a register of parties in which is recorded all registrations, renewals of registrations, failures to renew registrations and cancellations of registrations.

(2) The register of parties and a copy of every document lodged with the Chief Electoral Officer for the purposes of the registration of a party, or the renewal of the registration of a party, or the cancellation of the registration of a party, shall be kept for inspection by the public at the office of the Chief Electoral Officer and any person may inspect the register and such a copy free of charge during office hours.

(3) The Chief Electoral Officer must furnish a copy of a document referred to in subregulation (2) to any person applying for it after that person has paid a fee of R2 per page.

Effect of registration of party.

8. A party registered under these regulations shall -

1. be entitled to be represented on a party liaison committee as contemplated in the Regulations on Party Liaison Committees;
2. have free access to any voters' rolls compiled and maintained by the Commission; and
3. be entitled to protection by the CorrNrnss~n of its name, distinguishing mark, symbol and abbreviation, if any, of the name of the party.

Notification of change in registration particulars

9. Any change in the particulars furnished in Annexure 1 must be notified to the Chief Electoral Officer in writing within 30 days after such change.

Renewal of registration

10. (1) Every party referred to in section 15 (6) of the Act shall, before the last day of January every year after the year in which the party has registered,submit to the Chief Electoral Officer a written declaration made by an executive officer of the party, duly instructed by the party to make such declaration, to the effect that the party has not dissolved and that it is continuing to operate as a party.

(2) The provisions of section 17 (1) of the Act she! apply in respect of a party which fails to submit the declaration referred to in subregulation (1).

Appeal against decision of Chief Electoral Officer to register or not to register a party

11. An appeal against the decision of the Chief Electoral Or to register or not to register a party as contemplated in section 16 (2) of the Act shall -

1. be in writing and signed by an executive officer of the party, duly instructed thereto by that party; and
2. fully set out the reasons for the appeal.

Cancellation of registration of party

12. The notification referred to in section 17 (b) of the Act shall be in the form of a declaration by an executive officer of the party, duly instructed thereto by the party, to the effect that the party in question has been dissolved on a date specified in the declaration.

Offences and penalties

13. Any person who makes a false statement or furnishes false particulars in any application or other document required by these regulations shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

Repeal of Regulations

14. The Regulations for the Registration of Political Parties, 1998 published in Government Notice No. R. 493 of 9 April 1998 are hereby repealed.

Short title

15. These regulations are called the Regulations for the Registration of Political Parties, 2000.

ANNEXURE 1

ELECTORAL COMMISSION

APPLICATION FOR REGISTRATION BY A PARTY IN TERMS OF SECTION 15 or 15 A OF THE

ELECTORAL COMMISSION ACT, 1996 (ACT NO. 51 OF 1996)

(b) An A5 size logo for ballot paper printing purposes is submitted herewith.

4. Business address of party:

.......................................................................................................................................................................

.......................................................................................................................................................................

........................................................................................................................................................................

5. The constitution of the party is attached.

6. *We have published the notice as prescribed in the Gazette / *the ..................................... Newspaper and proof of the publication thereof is Attached. (Only required if party is not represented in a legislature.)

7. *The deed of foundation of the party is attached (where party is not represented in a legislature).

(*delete if not applicable)

8. Proof of representation in a legislature is attached (e.g. a letter from the secretary of a legislature in which the party is represented):

NB: Areas shaded in grey area
For IEC of official use only

9. *We are applying in terms of section 15 A of the Act for registration in respect of the following municipality / municipalities:

..........................................................................................................................................................................

..........................................................................................................................................................................

10. Name and address of leader of the party ...............................................................................................................

..........................................................................................................................................................................

11. Names and addresses of members constituting the executive body of the party:

12. Particulars of the contact person of the party:

Name: ............................................................................................................................................................

Address .........................................................................................................................................................

......................................................................................................................................................................

Telephone number (............)................................................

Cell number (...........)..........................................................

Fax number (...........)..........................................................

E-mail ...............................................................................

Reference Number:

NB: Areas shaded in grey are
for IEC official use only

(*delete if. not applicable)

DECLARATION

13. I, .............................................................................................................................. the undersigned, in my

capacity as .................................................................................................................. on behalf of the

................................................................................................................ party, duly instructed by the party to

take charge of the registration -

1. declare that the information furnished above is true and correct in every respect;
2. solemnly commit and subject the party, its office bearers, officials and candidates (if any) to any electoral code of conduct prescribed by law; and
3. declare that He party will function primarily as a political party.

 

......................................................................................
(Signature)

1. Date	........................................................
   Designation	........................................................
   Address	........................................................ ........................................................
   Telephone No.	(...........)...........................................
   Cell No	(...........)...........................................
   Fax No.	(...........)...........................................

Reference Number:

NB: Areas shaded in grey are
for IEC official use only

(*delete if not applicable)

)

ANNEXURE 2

ELECTORAL COMMISSION

NOTICE OF APPLICATION FOR REGISTRATION OF A PARTY IN TERMS OF SECTION 15 (3)(e) or

15 A(2)(c) OF THE ELECTORAL COMMISSION ACT, 1996 (ACT No. 51 OF 1996)

1. Notice is hereby given that the ..........................................................................................................................

(name of party) intends applying for registration in terms of the Electoral Commission Act, 1996 (Act No. 51 of 1996)

2. Date of intended submission of application to the Chief Electoral Officer

........................................................................................................................................................................

3. The abbreviation of the name of the party is ............................................................................................. There is

no abbreviation of the name of the party.  (Delete that which is not applicable)

4. The distinguishing mark or symbol of the parry is printed underneath

5. Anyone wishing to raise an objection against the intended registration must do so by written notice in which are set out the grounds for the objection and which must be delivered at the of lice of the Chief Electoral Officer before or on the date referred to in paragraph 2.

ANNEXURE 3

ELECTORAL COMMISSION

CERTIFICATE OF REGISTRATION AS A PARTY IN TERMS OF THE ELECTORAL COMMISSION ACT,

1996 (ACT No. 51 of 1996)

It is hereby certified that the party of which the details appear below, has been registered as a party in terms of section 15 of the Electoral Commission Act, 1996 (Act No. 51 of 1996).

OR

Is hereby certified that the party of which the details appear below has been registered as a party in terms of section 15A of the Electoral Commission Act, 1996 (Act No. 51 of 1996) in respect of the following municipality (ies) only:

...........................................................................................................................................................................

...........................................................................................................................................................................