Government Gazette

Vol. 422, No. 21498, 22 August 2000

Regulation Gazette, No. 6868

No. R. 848

GOVERNMENT NOTICE

ELECTORAL COMMISSION

Government Notice No. R. 817 published in Government Gazette No. 21478 of 14 August 2000 is hereby substituted with the following:

MUNICIPAL ELECTORAL REGULATIONS

Acting in terms of sections 88 and 89, read with sections 41(3)(b) (iii) and 43(3)(c)(!1i) 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 compiled 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 office " 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

2. The sworn or solemnly affirmed affidavit 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

3. 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

4. (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. R3,000-00 (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

5. 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

6. The mount 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13.  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 Rl-00 (one rand) per page.

Part IV : Voting Stations, Officers, Agents and Observers

List of voting stations

14. 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

15. 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

16. (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

17. (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) (ii) of the Act must be in a form substantially similar to Appendix 15.

Identification of agents and candidates at voting station or counting venue

18. 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 left breast 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 "INW", 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

19. 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

20. 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 10 cm 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.

21. 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 R 1 -00 (One Rand) per page.

Accreditation of Voter Education Providers

22. 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

23. 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

24. 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

25. 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

26. (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

27.  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

28. 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

29. 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 an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year or to both such fine or imprisonment.

Short title

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

SCHEDULE B

Code of Conduct for Accredited Observers

1. Every accredited observer and person appointed by the observer must-

1.1 Observe the election impartially and independently of any registered party or candidate contesting the election.

1,2 Remain non-partisan and neutral.

1.3 Be competent and professional in observing the election.

1.4 Provide the Commission with a comprehensive review of the elections taking into account all relevant circumstances including -

1. the degree of impartiality shown by the Commission;
2. the degree of freedom of political parties to organise, move, assemble and express their views publicly;
3. the opportunity for political parties to have their agents observe all aspects of the electoral process;
4. the fairness of access for political parties to national media and other resources of the state;
5. the proper conduct of polling and counting of votes; and
6. any other issue that concerns the essential freedom and fairness of the election.

1.5 Comply with all instructions given and every obligation imposed by -

1. the Commission;
2. any electoral officer; or
3. any employee or officer of the Commission; or
4. a member of the security services acting on the instructions of an officer.

2. The accredited observer and any person appointed by that observer should -

2.1 Avoid doing anything that would indicate or be seen as indicating partisan support for a candidate or registered party.

2.2 Act in a strictly neutral and unbiased manner.

2.3 Disclose to the Commission any relationship that could lead to conflict of interest regarding the performance of their duties as observers or with the process of observation or assessment of the election.

2.4 Not accept any gifts or favour from a political party, organisation or person involved in the election process.

2.5 Not participate in any function or activity that could lead to a perception of sympathy for a particular candidate or political party.

2.6 Not express a view or opinion on any matter, which is the subject of electoral campaigning.

2.7 Not influence or attempt to influence the choice of a voter regarding any registered party or candidate in an election.

2.8 Not wear, carry, or display any registered party's symbols or colours.

SCHEDULE C

Code For Accredited Voter Education Providers

1. Every accredited voter education provider must -

1.1 inform and make voters aware of their protected right to freedom of conscience and belief, freedom of speech and expression, freedom of association, and peaceful assembly, freedom of movement and of the right to participate freely in peaceful political activities;

1.2 respect the right of voters to elect a party of their choice by using an impartial training method;

1.3 ensure that voters are informed and made aware thereof that political parties and the media are free o impart information and opinion;

1.4 always act in a non-partisan manner and be free of any influence or control by any political party or organisation; and strive to promote democratic pluralism and a culture of political tolerance.

2. Every accredited voter education provider must -

2.1 keep such books of account that are reasonably necessary; and

2.2 use funds received only for the purpose for which it was appropriated.

3. No accredited voter education provider may -

3.1 misuse any funds received for the purpose of voter education;

3.2 attempt to ascertain for which candidate or party any voter intends to vote;

3.3 induce, influence, persuade or procure a voter to register for or vote in an election, in the knowledge that such voter is not entitled to register or vote in the election concerned;

3.4 influence or attempt to influence the choice of a voter regarding any party or candidate in an election;

3.5 publish, repeat or disseminate in any manner whatsoever false information; and

3.6 obstruct or interfere with the work of any official or representative of the Commission.

4. Accredited voter education providers must -

4.1 act in a strictly neutral and unbiased manner in every matter concerning a political party, candidate or voter;

4.2 do nothing that could indicate, or be seen as indicating, partisan support for a candidate or political party;

4.3 not accept any gift or favour from a political party or any person involved in the election process; and

4.4 not wear, carry or display any obviously partisan party symbols or colours.