Government Gazette

Vol. 422, No. 21478, 14 August 2000

Regulation Gazette, No. 6865

No. R. 817

ELECTORAL COMMISSION

MUNICIPAL ELECTORAL REGULATIONS

Acting in terms of sections 88 and 89, read with sections 41(3)(b) (iii) and 43(3)(c) (iii) of the Local Government., Municipal Electoral Act, 2000 (Act No. 27 of 2000), the Electoral Commission has made the regulations set out in Schedule A, and complied and issued the Codes set out in Schedules B and C.


SCHEDULE A

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-
  1. "Act" means the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000);
  2. "chief electoral officer" means the chief electoral officer appointed in terms of section 12 of the Electoral Commission Act, 1996 (Act No.51 of 1996), as head of the administration of the Commission; and
  3. "local representative", in relation to the Commission, means a local representative of the Commission appointed in terms of section 12 of the Act for the area of jurisdiction of the municipality concerned.


Part I : Voters' Roll

Sworn or solemnly affirmed statement by a voter

  1. The sworn or solemnly affirmed statement referred to in section 7(2) of the Act must be made in a form substantially similar to Appendix 1.


Part II : Parties Contesting Election, Party Lists and Deposit

Notice of intention to contest election

  1. The notice of intention to contest an election referred to in section 14(1)(a) (i) of the Act must be in a form substantially similar to Appendix 2.

Party Lists

  1. (1) A party list referred to in section 14(1) (a) (ii) of the Act must be in a form substantially similar to Appendix 3.

(2) The amount of the deposit referred to in section 14(1)(b) of the Act is, in respect of each separate list submitted by a party,-

  1. R3000-00 (three thousand rand) in an election in a metropolitan municipality ;
  2. R2000-00 (two thousand rand) in an election in a local municipality with wards; and
  3. R1000-00 (one thousand rand) in an election in a local municipality without wards and in an election in a district municipality.

Acceptance of nomination by party list candidates

  1. An acceptance of nomination referred to in section 14(3)(a) of the Act must be in a form substantially similar to Appendix 4.

Amount for certified copy of party list

  1. The amount to be paid in terms of section 15(2) of the Act for a certified copy of a party list is R 1 -00 (one rand) per page.

Certificate issued to persons whose names appear on party lists

  1. The certificate referred to in section 15(3) of the Act must be in a form substantially similar to Appendix 5.


Part III: Ward candidates

Nomination of ward candidates

  1. The nomination of a ward candidate referred to in section 17(1) of the Act must be submitted in a form substantially similar to Appendix 6 in the case of an independent ward candidate and in a form substantially similar to Appendix 7 in the case of a ward candidate nominated by a party.

Form containing the signatures of at least 50 voters

  1. The form containing the signatures of at least 50 voters referred to in section 17(2)(a) of the Act must be in a form substantially similar to Appendix 8.

Acceptance of nomination

  1. The acceptance of nomination to be signed by a ward candidate as required in terms of section 17(2)(b) of the Act must be in a form substantially similar to Appendix 9.

Deposit

  1. The amount of the deposit referred to in section 17(2)(d) of the Act, is R500-00 (five hundred rand) in respect of an independent ward candidate and for a ward candidate nominated by a party who is not contesting the election of the relevant municipal council by way of a party list.

Certificates issued to ward candidates

  1. The certificate to be issued to a ward candidate in terms of section 18(1)(d) of the Act must be in a form substantially similar to Appendix 10.

Amount for certified copies of list of ward candidates

  1. The amount to be paid in terms of section 18(2) of the Act for a certified copy of a list of ward candidates is R 1-00 (one rand) per page.


Part IV : Voting Stations, Officers, Agents and Observers

List of voting stations

  1. The amount to be paid in terms of section 19(6) of the Act for a copy of the list of voting stations and their addresses, is Rl-00 (one rand) per page.

Declaration of secrecy by appointed officer

  1. The declaration of secrecy referred to in section 37(4) of the Act, must be in a form substantially similar to Appendix 11.

Written proof of appointment of agents

  1. (1) The written proof of appointment to be issued to a person appointed as an agent by a party or an independent ward candidate in terms of section 39(4)(a) (i) of the Act must be in a form substantially similar to Appendix 12.

(2) The notice of the appointment of an agent referred to in section 39(4)(a) (ii) must be in a form substantially similar to Appendix 13.

Notice of revocation of appointment of agents

  1. (1) The revocation of appointment to be issued to a person whose appointment as an agent has been revoked by a party or an independent ward candidate in terms of section 39(4)(b) (i) of the Act, must be in a form substantially similar to Appendix 14.

(2). The notice of the revocation of the appointment of an agent referred to in section 39(4)(b)(5) of the Act must be in a form substantially similar to Appendix 15.

Identification of agents and candidates at voting station or counting venue

  1. The identification tag to be worn by an agent or ward candidate in terms of section 40(1) of the Act, is a tag displayed on the upper left side of his or her outer clothing bearing the words "agent", "party candidate" or "ward candidate", as the case may be, as well as the abbreviated name of the party, or in the case of an independent ward candidate, the letters 9NW, represented in black letters, of at least 1 cm high, on a white background.


Part V: Accreditation of Observers and Voter Education Providers

Accreditation of observers

  1. An organisation may apply to the Commission to observe an election in terms of section 41(1) of the Act by completing a form substantially similar to Appendix 16 and delivering the completed form together with any documentation in support of the application, at the office of the Commission in Pretoria.

Identification of persons appointed by accredited observer organisation

  1. The identification tag that a person appointed by an accredited organisation must wear in terms of section 42(2) of the Act while observing an election, is the identification apparel, approved by the Commission, on which -
  1. the words "Election Observer" is clearly indicated on the back and front in black letters, at least 10 cm high, on a white background; and
  2. the identification mark or symbol of the accredited person, at least 10cm high, is clearly indicated on the back and front.

Amount for certified copy of or extract from register or copy of a certificate of accreditation for observers.

  1. The amount to be paid in terms of section 41(7) of the Act for a certified copy of, or extract from the register of organisations accredited as observers, or a copy of a certificate of accreditation, is Rl-00 (One Rand) per page.

Accreditation of Voter Education Providers

  1. A natural or juristic person may apply to the Commission for accreditation to provide voter education for an election in terms of section 43(1) of the Act by completing an application form substantially similar to Appendix 17 and delivering the completed form, together with any documentation in support of the application, to the Commission at its office in Pretoria.

Amount for certified copy of or extract from register or copy of certificate of accreditation as voter education provider

  1. The amount to be paid in terms of section 43(4) read with section 41(7) of the Act for a certified copy of, or extract from, the register or a copy of a certificate, is Rl-00 (one rand) per page.


Part VI : Voting and Counting

Objections concerning voting

  1. An objection in terms of section 51(1), (2) or (3) of the Act must be in a form substantially similar to Appendix 18.

Ballot paper statement

  1. The ballot paper statement referred to in section 53(a) of the Act must be in a form substantially similar to Appendix 19.

Counting procedure

  1. (1) The counting of votes contemplated in section 60(2) of the Act must be conducted in the following manner:
  1. The ballot papers are sorted according to the different ballots conducted at the voting station.
  2. Thereafter, in respect of each ballot, the following procedure is followed:
  1. The ballot papers for each ballot are counted and compared with the total number of ballot papers issued (and not cancelled) for that ballot at the voting station as reflected on the ballot paper statement completed by the presiding officer in terms of regulation 25.
  2. The ballot papers are examined in order to determine whether any must be rejected for a reason mentioned in section 61(1) of the Act.
  3. The rejected ballot papers, if any, are filed separately.
  4. The remaining ballot papers are sorted face up according to the votes cast in favour of each party or ward candidate, as the case may be.
  5. The ballot papers for each party or each ward candidate are bound separately in packages of 10 and thereafter 10 packages of 10 bound together with elastic bands.
  6. The ballot papers for each party or each ward candidate, as the case may be, are counted and the totals recorded in terms of section 63(1) in a form substantially similar to Appendix 20A, in the case of a party list ballot and in a form substantially similar to Appendix 20B in the case of a ward ballot.

Record of objections

  1. The record of objections to be kept by the counting officer in terms of section 62(6) of the Act, must be in a form substantially similar to Appendix 21.

Recording of result of an election

  1. The result of an election must be recorded in terms of section 64(b) of the Act in a form substantially similar to Appendix 22A in the case of an election for a metropolitan council or a local council, and in a form substantially similar to Appendix 22B in the case of an election of a district council.


Part VII : General Provisions

Offences and penalties

  1. Any person who makes a false statement or furnishes false particulars in any application or other document prescribed by these regulations shall be guilty of offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year or to both or imprisonment.

Short title

  1. These regulations are called the Municipal Electoral Regulations, 2000.