REPUBLIC OF SOUTH AFRICA

ELECTORAL ACT

REPUBLIEK VAN SUID-AFRIKA

KIESWET

No7 3 o f 1998
 ACT
To regulate elections of the National Assembly, the provincial legislatures and
municipal councils; and to provide for related matters.

B E IT ENACTED by the Parliament of the Republic of South Africa as

follows:—

CONTENTS

CHAPTER 1

INTERPRETATION, APPLICATION AND ADMINISTRATION OF ACT 5

1. Definitions
2. Interpretation of this Act
3. Application of this Act
4. Administration of this Act

CHAPTER 2 10

REGISTRATION OF VOTERS, AND VOTERS’ ROLL

5. National common voters’ roll

6. Persons who may apply for registration as voter
7. Applications for registration as voter
8. Registration 15
9. Applications to change registration details
10. Applications for deregistration as voter
11. Amendments to voters’ roll by chief electoral officer
12. Notification by chief electoral officer
13. Appeal against decisions and steps of chief electoral officer 20
14. General registration of voters
15. Objections to voters’ roll
16. Publication and copies of voters’ roll

CHAPTER 3

PROCLAMATION OF AND PREPARATIONS FOR ELECTIONS 25

Part 1: Proclamation of elections

17. Proclamation of elections of National Assembly

18. Proclamation of elections of provincial legislatures
19. Proclamation of municipal elections
20. Election timetables 30
21. General postponement of elections
22. Postponement of voting at voting station
23. Revote at voting station
 4

Part 2: Voters’ roll

24. Voters’ roll for election

25. Voters’ roll for first election of National Assembly and provincial legislatures

Part 3: Parties contesting election, and lists of candidates

26. Requirements for parties to contest election 5

27. Submission of lists of candidates
28. Non-compliance concerning submission of lists of candidates
29. Inspection of copies of lists of candidates and accompanying documents
30. Objections to lists of candidates
31. List of parties entitled to contest election and final lists of candidates 10

Part 4: Municipal councils

32. Further regulating of elections of municipal councils

Part 5: Special votes and declaration votes

33. Special votes

34. Declaration votes 15

CHAPTER 4

ELECTIONS

Part 1: Voting

35. Officers at voting stations

36. Hours of voting 20
37. Initial procedures
38. Voting procedure
39. Assistance to certain voters
40. Issue of new ballot papers
41. Objections concerning voting 25
42. Sealing of full ballot boxes
43. Completion of form and sealing of voting materials
44. Mobile voting stations
45. More than one election on same day

Part 2: Counting of votes at voting station 30

46. Place and time of counting of votes

47. Counting of votes and determination of provisional results
48. Objections concerning sorting of ballot papers
49. Objections concerning counting of votes and determination of provisional
results 35
50. Procedure concerning provisional results and voting materials

Part 3: Counting of votes at place other than voting station

51. Application of Part and procedures

52. Verification procedure
53. Objections concerning verification procedure 40
54. Application of certain sections in Part 2

Part 4: Objections material to final results of election

55. Objections material to final results of election

56. Powers of Commission and Electoral Court
 6

Part 5: Determination and declaration of final result of election

57. Determination and declaration of final result of election

CHAPTER 5
AGENTS

58. Appointment of party agents 5

59. Powers and duties of agents

CHAPTER 6
ADMINISTRATION
Part 1: Voting districts

60. Establishment of voting districts 10

61. Factors for determining voting district boundaries
62. Consultation with party liaison committee
63. Inspection and copies of maps of voting districts

Part 2: Voting stations

64. Establishment of voting stations 15

65. Relocation of voting stations in emergencies
66. Organisation of voting stations
67. Mobile voting stations

Part 3: Voting materials

68. Ballot papers 20

69. Ballot boxes
70. Voting compartments
71. Voting materials

Part 4: Appointment of officers, additional persons and institutions, and

their powers and duties 25

72. Appointment of presiding officers

73. Powers and duties of presiding officers
74. Appointment of voting officers
75. Powers and duties of voting officers
76. Appointment of counting officers 30
77. Powers and duties of counting officers
78. Appointment of counters
79. Powers and duties of counters
80. Appointment of additional persons
81. Powers and duties of additional persons 35
82. General provisions concerning appointment of officers
83. General provisions concerning appointment of institutions

Part 5: Accreditation of observers and persons providing voter education

84. Accreditation of observers
85. Powers and duties of accredited observers 40
86. Accreditation of persons providing voter education

CHAPTER 7
GENERAL PROVISIONS
Part 1: Prohibited conduct

87. Undue influence 45

 8

88. Impersonation
89. Intentional false statements
90. Infringement of secrecy
91. Prohibitions concerning voting and election materials
92. Prohibitions concerning placards and billboards during election 5
93. Obstruction of, or non-compliance with, directions of Commission, chief
electoral officer and other officers
94. Contravention of Code

Part 2: Enforcement

95. Institution of and intervention in civil proceedings by chief electoral officer 10

96. Jurisdiction and powers of Electoral Court

Part 3: Offences and penalties

97. Offences
98. Penalties

Part 4: Additional powers and duties of Commission 15

99. Electoral Code of Conduct and other Codes

100. Regulations
101. Assignment of powers and duties by Commission
102. Assignment of powers and duties by chief electoral officer
103. Powers to decide objections and appeals 20
104. Access to private places
105. Ownership of voting and election materials, and disposal
106. Return or forfeiture of deposit

Part 5: Other general provisions

107. Temporary obligations 25

108. Prohibition on certain political activities
109. Prohibition on publication of exit polls
110. Effect of certain irregularities
111. Inspection and copying of documents
112. Prohibition on certain strikes and lockouts 30
113. Limitation of liability
114. Composition of National Assembly and provincial legislatures
115. Repeal of laws
116. Act binds State
117. Application of Act when in conflict with other laws 35
118. Short title and commencement

SCHEDULE 1

ELECTION TIMETABLE

1. Cut-off time for act to be performed

2. Cut-off date for publication of voters’ roll 40
3. Notice that list of addresses of voting stations is available for inspection
4. Cut-off date for submission of list of candidates
5. Notice of non-compliance
6. Inspection of lists of candidates and accompanying documents
7. Cut-off date for objections 45
8. Decision of objections
9. Cut-off date for appeals against decisions
10. Deciding appeals
11. List of parties and candidates entitled to contest election and final list of
candidates 50
12. Issue of certificate to candidates
13. Determination of boundaries of voting stations
 10

14. Prescribing of voting hours

15. Notice of route of mobile voting stations

SCHEDULE 2

ELECTORAL CODE OF CONDUCT

1. Purpose of Code 5
2. Promotion of Code
3. Compliance with Code and electoral laws
4. Public commitment
5. Duty to co-operate
6. Role of women 10
7. Role of Commission
8. Role of media
9. Prohibited conduct
10. Additions to Code

SCHEDULE 3 15

COMPOSITION OF NATIONAL ASSEMBLY AND PROVINCIAL

LEGISLATURES

1. Formula for determining number of members of National Assembly

2. Formula for determining number of members of provincial legislatures
3. Commission responsible for determination of seats 20
4. Determination to be published in Government Gazette

SCHEDULE 4

REPEAL OF LAWS

CHAPTER 1

INTERPRETATION, APPLICATION AND ADMINISTRATION OF ACT 25

Definitions

1. In this Act, unless the context otherwise indicates—

(i) ‘‘agent’’ means a person appointed in terms of section 58; (i)
(ii) ‘‘chief electoral officer’’ means the person appointed in terms of section 12(1)
of the Electoral Commission Act and includes any person designated to act in 30
that capacity in terms of section 12(3) of that Act; (vi)
(iii) ‘‘Code’’ means a Code issued by the Commission under section 99, and
includes the Electoral Code of Conduct; (xi)
(iv) ‘‘Commission’’ means the Electoral Commission, established by section 3 of
the Electoral Commission Act; (xii) 35
(v) ‘‘counter’’ means a person appointed in terms of section 78; (xx)
(vi) ‘‘counting officer’’ means a person appointed in terms of section 76; (xix)
(vii) ‘‘election’’ means—
(a) an election of the National Assembly;
(b) an election of a provincial legislature; or 40
(c) an election of a municipal council or a by-election for a municipal
council; (xxii)
(viii) ‘‘election timetable’’ means a timetable for an election published by the
Commission in terms of section 20; (xxv)
(ix) ‘‘Electoral Code of Conduct’’ means the Code contained in Schedule 2; (xxiii) 45
(x) ‘‘Electoral Commission Act’’ means the Electoral Commission Act, 1996 (Act
No. 51 of 1996); (xxix)
(xi) ‘‘Electoral Court’’ means the Court established by section 18 of the Electoral
Commission Act; (xxiv)
 12

(xii) ‘‘identity document’’ means an identity document issued after 1 July 1986, in
terms of section 8 of the Identification Act, 1986 (Act No. 72 of 1986), or a
temporary identity certificate issued in terms of the Identification Act, 1997
(Act No. 68 of 1997); (vii)
(xiii) ‘‘list of candidates’’ means the list of candidates referred to in section 27; (viii) 5
(xiv) ‘‘municipal council’’ means a municipal council referred to in Chapter 7 of the
Constitution; (xiii)
(xv) ‘‘officer’’ means—
(a) a presiding officer;
(b) a voting officer; 10
(c) a counting officer;
(d) a counter; or
any natural person appointed in terms of section 80; (ii)
(xvi) ‘‘party liaison committee’’ means a committee established in terms of the
Regulations on Party Liaison Committees published in terms of the Electoral 15
Commission Act; (xiv)
(xvii) ‘‘political office’’, in relation to a registered party, means any office in the
party to which a representative of the party is elected or nominated, whether
involving remuneration or not, or any other paid office in the party to which
a person is appointed; (xv) 20
(xviii) ‘‘prescribe’’ means prescribe by regulation in terms of section 100 and
‘‘prescribed’’ has a corresponding meaning; (xxvi)
(xix) ‘‘prescribed manner’’ includes any prescribed requirement as to time, process
or form; (xxvii)
(xx) ‘‘presiding officer’’ means a person appointed in terms of section 72; (xxviii) 25
(xxi) ‘‘registered party’’ means a party registered in terms of section 15 of the
Electoral Commission Act; (iv)
(xxii) ‘‘security services’’ means the services as defined in section 199 of the
Constitution; (xxi)
(xxiii) ‘‘serve’’ means to send by registered post, telegram, telex or telefax or to 30
deliver by hand; (iii)
(xxiv) ‘‘this Act’’ includes any regulations made in terms of section 100; (v)
(xxv) ‘‘voter’’ means a South African citizen—
(a) who is 18 years old or older; and
(b) whose name appears on the voters’ roll; (ix) 35
(xxvi) ‘‘voters’ roll’’ means the national common voters’ roll compiled in terms of
section 5; (x)
(xxvii) ‘‘voting district’’ means a voting district established in terms of section 60;
(xvii)
(xxviii) ‘‘voting officer’’ means a person appointed in terms of section 74; (xvi) 40
(xxix) ‘‘voting station’’ means any voting station established in terms of section 64.
(xviii)

Interpretation of this Act

2. Every person interpreting or applying this Act must—

(a) do so in a manner that gives effect to the constitutional declarations, 45
guarantees and responsibilities contained in the Constitution; and
(b) take into account any appropriate Code.

Application of this Act

3. This Act applies to every—

(a) election of the National Assembly; 50
(b) election of a provincial legislature; and
(c) election of a municipal council or a by-election for such council.

Administration of this Act

4. The Commission must administer this Act.

 14

CHAPTER 2

REGISTRATION OF VOTERS, AND VOTERS’ ROLL

National common voters’ roll

5. The chief electoral officer must compile and maintain a national common voters’
roll. 5

Persons who may apply for registration as voter

6. (1) Any South African citizen in possession of an identity document may apply for
registration as a voter.
(2) For the purposes of the general registration of voters contemplated in section 14,
an identity document includes a temporary certificate in a form which corresponds 10
materially with a form prescribed by the Minister of Home Affairs by notice in the
Government Gazette and issued by the Director-General of Home Affairs to a South
African citizen from particulars contained in the population register and who has applied
for an identity document.

Applications for registration as voter 15

7. (1) A person applying for registration as a voter must do so—

(a) in the prescribed manner; and
(b) only for the voting district in which that person is ordinarily resident.
(2) For the purposes of this section the head office in the Republic of a person referred
to in section 33(1)(a)(ii) is regarded as the ordinary place of residence of that person or 20
a member of that person’s household.

Registration

8. (1) If satisfied that a person’s application for registration complies with this Act, the
chief electoral officer must register that person as a voter by making the requisite entries
in the voters’ roll. 25
(2) The chief electoral officer may not register a person as a voter if that person—
(a) has applied for registration fraudulently or otherwise than in the prescribed
manner;
(b) is not a South African citizen;
(c) has been declared by the High Court to be of unsound mind or mentally 30
disordered;
(d) is detained under the Mental Health Act, 1973 (Act No. 18 of 1973); or
(e) is not ordinarily resident in the voting district for which that person has
applied for registration.
(3) A person’s name may not be entered in the voters’ roll for more than one voting 35
district.

Applications to change registration details

9. (1) A registered voter or person who has applied for registration as a voter and
whose name or ordinary place of residence has changed, must apply in the prescribed
manner to have that change recorded in the voters’ roll or in that person’s application. 40
(2) No one need to apply when a change of name results from a change in marital
status.
(3) If satisfied that a person’s application complies with this Act, the chief electoral
officer must record the change in the voters’ roll or application.

Applications for deregistration as voter 45

10. (1) A registered voter may apply for deregistration as a voter in the prescribed
manner.
 16

(2) On receipt of an application for deregistration as a voter, the chief electoral officer
must remove the applicant’s name from the voters’ roll.

Amendments to voters’ roll by chief electoral officer

11. (1) The chief electoral officer must—

(a) change the registration details of a voter, if the chief electoral officer is 5
satisfied that the details of that voter as reflected in the voters’ roll are incorrect
or have changed; or
(b) deregister a voter, if the chief electoral officer is satisfied that that voter does
not qualify or no longer qualifies for registration.
(2) The chief electoral officer must record in the voters’ roll or a person’s application 10
any change in voting district for which a person is registered as a voter or has applied for
registration, if that person’s place of ordinary residence after a change in the boundaries
of that voting district falls in another voting district.

Notification by chief electoral officer

12. (1) The chief electoral officer must notify, in the prescribed manner, a person— 15
(a) whose application in terms of section 7 for registration as a voter has been
refused;
(b) whose application in terms of section 9 to have a change of name or ordinary
place of residence recorded, has been refused;
(c) who has been deregistered as a voter in terms of section 11; or 20
(d) whose registration details have been changed in terms of section 11.
(2) The notification must give reasons for the refusal or step concerned.

Appeal against decisions and steps of chief electoral officer

13. (1) A person mentioned in section 12(1) who feels aggrieved by a decision or step
taken by the chief electoral officer in terms of section 8, 9 or 11, may appeal to the 25
Commission against that decision or step in the prescribed manner.
(2) The Commission, in the prescribed manner, must consider and decide the appeal
and notify the appellant and chief electoral officer of the decision.
(3) No appeal may be brought against the decision of the Commission, subject to
section 20(2)(a) of the Electoral Commission Act. 30

General registration of voters

14. (1) The Commission must, for the compilation of the voters’ roll contemplated in
section 5, conduct a general registration of voters.
(2) The Commission may prescribe cut-off dates in respect of the general registration
of voters and the compilation of the voters’ roll, including the date by which— 35
(a) any person who wants to be included in the voters’ roll must have applied for
registration as a voter in terms of section 7 or for the change of registration
details in terms of section 9;
(b) the chief electoral officer must notify a person in terms of section 12;
(c) an appellant must note an appeal in terms of section 13; 40
(d) the Commission must consider and decide the appeal and notify the appellant
and the chief electoral officer of the decision;
(e) the chief electoral officer must give notice of the periods during which and the
venues where a provisionally compiled voters’ roll will be available for
inspection; 45
(f) any objections in terms of section 15 in respect of a provisionally compiled
voters’ roll must be made;
(g) the Commission must decide an objection made in terms of section 15 and
notify the objector and the chief electoral officer and a person other than the
objector whose name or registration details are involved; and 50
(h) the chief electoral officer must complete the compilation of the voters’ roll and
publish it.
 18

Objections to voters’ roll

15. (1) In relation to any segment of the voters’ roll or a provisionally compiled
voters’ roll, any person may object to the Commission in the prescribed manner to—
(a) the exclusion of any person’s name from that segment;
(b) the inclusion of any person’s name in that segment; or 5
(c) the correctness of any person’s registration details in that segment.
(2) A person who objects to the exclusion or inclusion of the name of another person,
or to the correctness of that person’s registration details, must serve notice of the
objection on that person.
(3) The Commission must decide an objection and, except for an objection in relation 10
to a provisionally compiled voters’ roll, by not later than 14 days after the objection was
made, notify the following persons of the decision:
(a) The person who made the objection;
(b) the chief electoral officer; and
(c) in the case of an objection against the exclusion or inclusion of the name, or 15
the correctness of the registration details, of a person other than the objector,
that other person.
(4) The chief electoral officer must give effect to a decision of the Commission in
terms of subsection (3) within three days.
(5) No appeal may be brought against the Commission’s decision, subject to section 20
20(2)(a) of the Electoral Commission Act.

Publication and copies of voters’ roll

16. (1) A copy of the voters’ roll as it exists at any time must be available for
inspection during office hours at the Commission’s head office, and the provincial and
municipal segments of the voters’ roll must be available for inspection at the times and 25
venues mentioned in a notice published by the chief electoral officer in the Government
Gazette.
(2) The chief electoral officer must provide a certified copy of, or extract from, a
segment of the voters’ roll as it exists at that time, to any person who has paid the
prescribed fee. 30

CHAPTER 3

PROCLAMATION OF AND PREPARATIONS FOR ELECTIONS

Part 1: Proclamation of elections

Proclamation of elections of National Assembly

17. (1) Whenever the President or Acting President calls an election of the National 35
Assembly the proclamation concerned must set a single day and date for voting.
(2) The voting day must be determined after consultation with the Commission.

Proclamation of elections of provincial legislatures

18. (1) Whenever the President or the Premier or Acting Premier of a province calls
an election of the provincial legislature the proclamation concerned must set a single day 40
and date for voting.
(2) The voting day must be determined after consultation with the Commission.

Proclamation of municipal elections

19. Municipal elections must be called in accordance with Chapter 7 of the

Constitution and national or provincial legislation thereunder. 45
 20

Election timetables

20. (1) The Commission must after consultation with the party national liaison
committee—
(a) compile an election timetable for each election substantially in accordance
with Schedule 1; and 5
(b) publish the election timetable in the Government Gazette.
(2) The Commission may amend the election timetable by notice in the Government
Gazette—
(a) if it considers it necessary for a free and fair election; or
(b) if the voting day is postponed in terms of section 21. 10

General postponement of elections

21. (1) The Commission may request the person who called an election to postpone
the voting day for that election, provided the Commission is satisfied that—
(a) the postponement is necessary for ensuring a free and fair election; and
(b) the voting day for the election will still fall within the period as required by the 15
Constitution or national or provincial legislation thereunder.
(2) If the person to whom the request is made accedes to the request, that person, by
proclamation or notice in the Government Gazette, must postpone the voting day for the
election to a day determined by that person, but that day must fall within the period
referred to in subsection (1)(b). 20

Postponement of voting at voting station

22. (1) If it is not reasonably possible to conduct a free and fair election at a voting
station on the proclaimed voting day, the Commission may at any time before the voting
at a voting station has commenced, postpone voting at that voting station.
(2) A postponement in terms of subsection (1) must be— 25
(a) effected in the prescribed manner;
(b) to a day that would still fall within the period referred to in section 21(1)(b);
and
(c) publicised in the media considered appropriate so as to ensure wide publicity
of the postponement of the voting day at that voting station. 30

Revote at voting station

23. (1) If ballot papers used in an election at a voting station are lost, destroyed or
unlawfully removed before the votes cast at the voting station have been counted or the
provisional result for that voting station has been determined and announced, the
Commission may allow a revote at that voting station. 35
(2) A revote at a voting station must be—
(a) conducted on a date that would still fall within the period referred to in section
21(1)(b);
(b) publicised in the media considered appropriate so as to ensure wide publicity
of the date determined for the revote; and 40
(c) conducted in accordance with a procedure prescribed by the Commission
which is consistent with the principles provided for in Chapter 4.

Part 2: Voters’ roll

Voters’ roll for election

24. (1) The voters’ roll, or the segments of the voters’ roll that must be used for an 45
election, are those as they exist on the day the election is proclaimed.
(2) By not later than the relevant date stated in the election time table, the chief
electoral officer must certify the voters’ roll or the segments of the voters’ roll to be used
in that election and publish it by making it available for inspection at the following
venues: 50
 22

(a) At the Commission’s head office, the segments for all voting districts in which
the election will take place;
(b) in each province, at the office of the Commission’s provincial representative,
the segments for all voting districts in the province in which the election will
take place; and 5
(c) at the office of each municipality, the segments for all voting districts in that
municipality in which the election will take place.

Voters’ roll for first elections of National Assembly and provincial legislatures

25. (1) Section 24 does not apply in respect of the first election of the National
Assembly and the first election of a provincial legislature referred to in items 6(3)(a) and 10
11(1)(a) of Schedule 6 to the Constitution, respectively.
(2) The voters’ roll that must be used for the elections referred to in subsection (1) is
the voters’ roll compiled by the chief electoral officer in terms of section 5 and published
by that officer by the date referred to in section 14(2)(h).

Part 3: Parties contesting election, and lists of candidates 15

Requirements for parties to contest election

26. A party may contest an election only if that party—

(a) is a registered party; and
(b) has submitted a list of candidates in terms of section 27.

Submission of lists of candidates 20

27. (1) A registered party intending to contest an election must nominate candidates
and submit a list or lists of those candidates for that election to the chief electoral officer
in the prescribed manner by not later than the relevant date stated in the election
timetable.
(2) The list or lists must be accompanied by a prescribed— 25
(a) undertaking, signed by the duly authorised representative of the party, binding
the party, persons holding political office in the party, and its representatives
and members, to the Code;
(b) declaration, signed by the duly authorised representative of the party, that each
candidate on the list is qualified to stand for election in terms of the 30
Constitution or national or provincial legislation under Chapter 7 of the
Constitution;
(c) acceptance of nomination, signed by each candidate;
(d) undertaking signed by each candidate, that that candidate will be bound by the
Code; and 35
(e) deposit.
(3) (a) The Commission may prescribe the amount to be deposited in terms of
subsection (2)(e).
(b) The amount to be deposited by a registered party contesting an election of a
provincial legislature, must be less than the amount for contesting an election of the 40
National Assembly.

Non-compliance concerning submission of lists of candidates

28. (1) If a registered party that has submitted a list of candidates has not fully
complied with section 27, the chief electoral officer must notify that party of its
non-compliance. 45
(2) The notification must be given in the prescribed manner by not later than the
relevant date stated in the election timetable, and must indicate that the party has an
opportunity to comply with section 27 by not later than the relevant date stated in the
election timetable.
(3) The opportunity provided for in subsection (2) includes an opportunity to 50
substitute a candidate and to re-order the names on that list as a result of that
substitution.
 24

Inspection of copies of lists of candidates and accompanying documents

29. (1) By not later than the relevant date stated in the election timetable, the chief
electoral officer must give notice that copies of the lists of candidates and accompanying
documents submitted by registered parties in terms of section 27, as amended and
supplemented in terms of section 28, will be available for inspection. 5
(2) The notice must be—
(a) published in the Government Gazette; and
(b) publicised in the media considered appropriate by the chief electoral officer so
as to ensure wide publicity of the lists.
(3) The notice must state, and the chief electoral officer must ensure, that for the 10
relevant period stated in the election timetable—
(a) copies of the lists for—
(i) an election of the National Assembly, will be available for inspection
at the Commission’s head office, a place in each province designated in
the notice and the office of each municipality in the country; and 15
(ii) an election of a provincial legislature, will be available for inspection at
the Commission’s head office, a place in the province designated in the
notice and the office of each municipality in that province; and
(b) copies of the documents accompanying the lists are available for inspection at
the Commission’s head office. 20
(4) Any person may inspect a copy of a list of candidates and accompanying
documents referred to in subsection (1).
(5) The chief electoral officer must provide a certified copy of, or extract from, a list
of candidates or document referred to in subsection (1), to any person who has paid the
prescribed fee. 25

Objections to lists of candidates

30. (1) Any person, including the chief electoral officer, may object to the nomination
of a candidate on the following grounds:
(a) The candidate is not qualified to stand in the election;
(b) there is no prescribed acceptance of nomination signed by the candidate; or 30
(c) there is no prescribed undertaking, signed by the candidate, that the candidate
is bound by the Code.
(2) The objection must be made to the Commission in the prescribed manner by not
later than the relevant date stated in the election timetable, and must be served on the
registered party that nominated the candidate. 35
(3) The Commission must decide the objection, and must notify the objector and the
registered party that nominated the candidate of the decision in the prescribed manner by
not later than the relevant date stated in the election timetable.
(4) The objector, or the registered party who nominated the candidate, may appeal
against the decision of the Commission to the Electoral Court in the prescribed manner 40
and by not later than the relevant date stated in the election timetable.
(5) The Electoral Court must consider and decide the appeal and notify the parties to
the appeal and the chief electoral officer of the decision in the prescribed manner and by
not later than the relevant date stated in the election timetable.
(6) If the Commission or the Electoral Court decides that a candidate’s nomination 45
does not comply with section 27, the Commission or the Electoral Court may allow the
registered party an opportunity to comply with that section, including an opportunity to
substitute a candidate and to re-order the names on the list as a result of that substitution.

List of parties entitled to contest election and final lists of candidates

31. (1) By not later than the relevant date stated in the election timetable, the chief 50
electoral officer must—
 26

(a) give effect to a decision of the Commission in terms of section 30(3) and to a
decision of the Electoral Court in terms of section 30(5); and
(b) compile a list of the registered parties entitled to contest the election
concerned and have the final list of candidates for each of those parties
available. 5
(2) The chief electoral officer must provide a certified copy of, or extract from, a list
mentioned in subsection (1)(b) to any person who has paid the prescribed fee.
(3) By not later than the relevant date stated in the election timetable, the chief
electoral officer must issue to each candidate on a final list of candidates for an election,
a certificate stating that the person is a candidate in that election. 10

Part 4: Municipal councils

Further regulating of elections of municipal councils

32. Whenever it may be necessary to further regulate elections of or by-elections for

municipal councils the Commission may, subject to the provisions of Chapter 7 of the
Constitution and of national or provincial legislation under that Chapter, make 15
regulations regarding—
(a) the calling of municipal elections;
(b) election time-tables;
(c) party lists of candidates;
(d) candidates contesting elections of or by-elections for municipal councils, the 20
payment of deposits by candidates, the return or forfeiture thereof, the
inspection of lists of candidates and objections to candidates;
(e) the postponement of voting at a voting station;
(f) voting procedures;
(g) counting of votes and objections material to final results of elections; 25
(h) the appointment of candidate agents; and
(i) generally, any other matter which is necessary or expedient to be prescribed in
order to achieve the objects of this Act and of Chapter 7 of the Constitution or
national or provincial legislature thereunder.

Part 5: Special votes and declaration votes 30

Special votes

33. (1) The Commission—

(a) must allow a person to apply for a special vote if that person cannot vote at a
voting station in the voting district in which the person is registered as a voter,
due to that person’s— 35
(i) physical infirmity or disability, or pregnancy;
(ii) absence from the Republic on Government service or membership of the
household of the person so being absent; or
(iii) absence from that voting district while serving as an officer in the
election concerned, or while on duty as a member of the security services 40
in connection with the election;
(b) may prescribe other categories of persons who may apply for special votes.
(2) The Commission must prescribe—
(a) the procedure for applying for special votes; and
(b) procedures, consistent in principle with Chapter 4, for the casting and 45
counting of special votes.

Declaration votes

34. The Commission may prescribe—

(a) circumstances in and conditions on which a person who is unavoidably and
 28

unforeseeably unable to vote in the voting district in which that person is

registered as a voter, may apply to vote elsewhere;
(b) the procedure for applying for declaration votes; and
(c) procedures, consistent in principle with Chapter 4, for the casting and
counting of declaration votes. 5

CHAPTER 4

ELECTIONS

Part 1: Voting

Officers at voting stations

35. On voting day each voting station must be staffed by— 10

(a) the presiding officer appointed for that voting station, who may exercise the
powers and must perform the duties assigned to a presiding officer by or under
this Act; and
(b) the voting officers appointed for that voting station, who may exercise the
powers and must perform the duties assigned to a voting officer by or under 15
this Act.

Hours of voting

36. (1) By not later than the relevant date stated in the election timetable, the
Commission must prescribe the voting hours for an election.
(2) If it is necessary for ensuring a free and fair election, the Commission may 20
prescribe different voting hours for different voting stations.
(3) The chief electoral officer must publish the prescribed voting hours in the media
considered appropriate so as to ensure wide publicity of those hours.
(4) A voting station must—
(a) open for voting at the prescribed time; and 25
(b) subject to subsection (7)(b), remain open for voting until the prescribed time,
or such later time as the Commission may determine in terms of subsection
(7)(a).
(5) No person may be admitted to a voting station for the purpose of voting after the
voting station has closed for voting. 30
(6) Voting at a voting station must continue until every voter has voted who—
(a) is entitled to vote at that voting station; and
(b) had reported for voting at that voting station at the time prescribed for that
voting station to close for voting.
(7) To ensure a free and fair election, the Commission— 35
(a) on the voting day, may extend voting hours at a voting station until as late as
midnight on that voting day; or
(b) may temporarily close a voting station for part of voting day if it is
temporarily impossible to conduct a free and fair election at that voting
station. 40

Initial procedures

37. Immediately before opening a voting station for voting, the presiding officer
must—
(a) show all agents present that each ballot box to be used at that voting station is
empty; and 45
(b) in the presence of those agents close and secure the ballot boxes in the
prescribed manner.

Voting procedure

38. (1) A voter may only vote once in an election, and may vote only at the voting
station in the voting district for which that voter is registered. 50
 30

(2) A voter is entitled to vote at a voting station—

(a) on production of that voter’s identity document to the presiding officer or a
voting officer at the voting station; and
(b) if that voter’s name is in the certified segment of the voters’ roll for the voting
district concerned. 5
(3) When a voter produces an identity document to a presiding officer or voting officer
as required by subsection (2)(a), the presiding officer or voting officer must examine the
identity document and determine whether—
(a) the voter is the person described in that identity document;
(b) the voter’s name is in the certified segment of the voters’ roll for the voting 10
district concerned; and
(c) that voter has not already voted in the election.
(4) For the purposes of subsection (3)(a), the presiding officer or voting officer may
require that the voter’s fingerprints be taken.
(5) If the presiding officer or voting officer is satisfied in respect of all the matters 15
mentioned in subsection (3), that officer must—
(a) record that the voter is regarded to have voted in the election;
(b) mark the hand of the voter in the prescribed manner;
(c) mark the back of a ballot paper for that election; and
(d) hand the ballot paper to the voter. 20
(6) Once the voter has received a ballot paper marked in terms of subsection (5)(a),
the voter must—
(a) enter an empty voting compartment;
(b) mark the ballot paper in a way that indicates the registered party or candidate
the voter wishes to vote for; 25
(c) fold the ballot paper to conceal the voter’s vote;
(d) take the ballot paper to a ballot box for the election and show it to the
presiding officer or a voting officer in a way that that officer can see the mark
made in terms of subsection (5)(a);
(e) place the ballot paper in the ballot box; and 30
(f) without delay leave the voting station.
(7) The voting compartment must comply with the provisions of section 70.

Assistance to certain voters

39. (1) The presiding officer or a voting officer, at the request of a voter who is unable
to read, must assist that voter in voting in the presence of— 35
(a) a person appointed in terms of section 85 by an accredited observer, if
available; and
(b) two agents from different parties, if available.
(2) A person may assist a voter in voting if—
(a) the voter requires assistance due to a physical disability; 40
(b) the voter has requested to be assisted by that person; and
(c) the presiding officer is satisfied that that person has attained the age of 18
years.
(3) The secrecy of voting contemplated in section 38 must be preserved in the
application of this section. 45

Issue of new ballot papers

40. (1) If a voter accidentally marks a ballot paper in a way that does not indicate for
whom the voter wishes to vote and the ballot paper has not yet been placed in the ballot
box—
(a) the voter may return that ballot paper to the presiding officer or a voting 50
officer;
(b) that officer must deal with the ballot paper in accordance with subsection (2),
and must give the voter a new ballot paper in accordance with section 38(5);
and
(c) the voter may vote in accordance with section 38(6). 55
(2) Upon receiving a ballot paper from a voter in terms of subsection (1), the presiding
officer or a voting officer must mark ‘‘cancelled’’ on the back of the ballot paper and file
it separately to be dealt with in accordance with section 43.
 32

Objections concerning voting

41. (1) At any time before a voter has been handed a ballot paper, an agent may object
to that voter being entitled to vote or to vote at the voting station concerned.
(2) An agent, or the voter concerned, may object if the voter is refused a ballot paper.
(3) An agent, or a voter, may object to any conduct, other than that mentioned in 5
subsection (1) or (2), of an officer, an agent, or any other person present at a voting
station.
(4) An objection in terms of subsection (1), (2) or (3) must be made to the presiding
officer in the prescribed manner.
(5) The presiding officer, in the prescribed manner, must decide the objection and 10
notify the objector and any other parties involved in the objection, of the decision.
(6) An appeal against the decision of the presiding officer may be noted with the
Commission in the prescribed manner and time.
(7) The presiding officer must keep a written record in the prescribed manner of each
objection and decision made in terms of this section. 15

Sealing of full ballot boxes

42. (1) As soon as a ballot box is full, the presiding officer, in the presence of any
agents present, must seal the ballot box in the prescribed manner and allow those agents
to affix their seals thereto.
(2) Immediately after the last vote has been cast, every remaining used ballot box 20
must be similarly dealt with.
(3) A sealed ballot box must remain—
(a) sealed until opened for the counting of votes in terms of section 46(1); and
(b) in the voting station until the commencement of the counting of the votes there
or, if the votes are not to be counted at that voting station, until removed for 25
delivery in terms of section 43(3).

Completion of form and sealing of voting materials

43. (1) As soon as practicable after the close of a voting station for voting, the
presiding officer, in the presence of any agents present, must—
(a) complete a form reflecting the number of— 30
(i) ballot boxes entrusted to that presiding officer;
(ii) used ballot boxes;
(iii) unused ballot boxes;
(iv) ballot papers entrusted to that presiding officer;
(v) issued ballot papers; 35
(vi) unissued ballot papers; and
(vii) cancelled ballot papers;
(b) seal each unused ballot box entrusted to that presiding officer;
(c) seal in separate containers—
(i) the certified segment of the voters’ roll for that voting district; 40
(ii) the unused ballot papers entrusted to that presiding officer;
(iii) the cancelled ballot papers; and
(iv) the written record, as required by section 41(7), of any objections
concerning voting; and
(d) allow those agents to affix their seals to the items mentioned in paragraphs (b) 45
and (c).
(2) If the votes in an election are to be counted at the voting station at which those
votes were cast and if the counting officer for that voting station is a person other than
 34

the presiding officer for that voting station, the presiding officer must deliver to the
counting officer for that voting station the items mentioned in subsection (1).
(3) If the votes in an election are not to be counted at the voting station at which those
votes were cast, the presiding officer must deliver the following to the counting officer
of a counting venue determined by the Commission in terms of section 46(1)(b): 5
(a) The form mentioned in subsection (1)(a);
(b) the sealed, used ballot boxes;
(c) the sealed, unused ballot boxes; and
(d) the sealed containers mentioned in subsection (1)(c).

Mobile voting stations 10

44. (1) If the Commission decides to use mobile voting stations in an election, the
Commission must prescribe voting procedures, substantially in accordance with
sections 35 to 43, for those voting stations.
(2) Immediately after a mobile voting station is closed for voting, the presiding officer
responsible for that voting station must act in accordance with section 43(3). 15

More than one election on same day

45. If more than one election is held at a voting station on the same day, the
Commission must prescribe voting procedures, substantially in accordance with
sections 35 to 43, for each of those elections.

Part 2: Counting of votes at voting station 20

Place and time of counting of votes

46. (1) Votes must be counted at the voting station at which those votes were cast,
except when—
(a) the voting station is a mobile voting station; or
(b) in the interest of ensuring a free and fair election, the Commission determines 25
that those votes be counted at another counting venue.
(2) The counting officer must ensure that the procedures set out in this Part commence
as soon as practicable after the voting station is closed for voting, and continue
uninterrupted until they are completed.
(3) The procedures provided for in this Part may be suspended only with the consent 30
of the Commission and, if they are suspended, the counting officer must ensure the
safe-keeping of all the voting materials entrusted to the counting officer until the
counting of votes has been completed.

Counting of votes and determination of provisional results

47. (1) The counting officer must open all the used ballot boxes that were sealed in 35
terms of section 42(1) or (2).
(2) The counting officer must—
(a) cause the ballot papers to be sorted on the basis of the ballot papers for each
election if more than one election was held at a voting station on the same day;
(b) cause the ballot papers for each election to be sorted and compare it with the 40
number of ballot papers issued in the prescribed manner;
(c) cause the votes cast in each election to be counted in the prescribed manner;
and
(d) determine the result of each count at that voting station.
(3) The counting officer must reject a ballot paper— 45
(a) that indicates the identity of the voter;
(b) on which a vote is cast for more than one registered party or for more than one
candidate;
(c) that is unmarked;
(d) that is marked in such a way that it is not reasonably possible to determine the 50
voter’s choice;
 36

(e) that does not bear the mark required in terms of section 38(5)(c); or
(f) that is not an official ballot paper.
(4) The counting officer must mark ‘‘rejected’’ on the back of each rejected ballot
paper and file the rejected ballot papers separately.
(5) If a counting officer’s acceptance or rejection of a ballot paper is disputed by an 5
agent, the counting officer must—
(a) mark ‘‘disputed’’ on the back of that ballot paper;
(b) file separately, but cause to be counted, the accepted ballot papers that are
disputed; and
(c) file separately the rejected ballot papers that are disputed. 10

Objections concerning sorting of ballot papers

48. (1) An agent may object to any alleged irregularity in the sorting of the ballot
papers in terms of section 47(2)(a) or (b).
(2) The objection must be made to the counting officer in the prescribed manner at any
stage before the counting officer has completed the form mentioned in section 48. 15
(3) Section 41(5) to (7), adjusted as may contextually be necessary, applies to the
objection.

Objections concerning counting of votes and determination of provisional results

49. (1) An agent may object to an alleged inaccuracy in the counting of the votes or
the determination of a result in terms of section 47(2)(c) or (d). 20
(2) The objection must be made to the counting officer in the prescribed manner at any
stage before the counting officer has completed the form mentioned in section 50.
(3) The counting officer must decide the objection in the prescribed manner and
whether to order a recount.
(4) The counting officer must notify the objector and any other parties involved in the 25
objection, of the decision made in terms of subsection (3).
(5) If the counting officer orders a recount, the counting officer must determine afresh
the result.
(6) An appeal against the decision of the counting officer may be noted with the
Commission in the prescribed manner and time. 30
(7) The counting officer must keep a written record in the prescribed manner of each
objection in terms of subsection (1) and each decision in terms of subsection (3).

Procedure concerning provisional results and voting materials

50. (1) After determining the result at a voting station, the counting officer must
complete a form reflecting— 35
(a) the number of ballot papers supplied to the voting station;
(b) the result at the voting station;
(c) the number of counted ballot papers that were not disputed;
(d) the number of counted ballot papers that were disputed;
(e) the number of rejected ballot papers that were not disputed; 40
(f) the number of rejected ballot papers that were disputed;
(g) the number of cancelled ballot papers; and
(h) the number of unused ballot papers.
(2) Once the counting officer has complied with subsection (1), the counting officer
must announce the result of the count at the voting station to members of the public and 45
agents present at the voting station.
(3) Once the counting officer has complied with subsection (2), the counting officer
must inform the Commission of the result of the count at the voting station.
(4) Once the counting officer has complied with subsection (3), the counting officer
must— 50
(a) seal in separate containers each of the items mentioned in subsection (1) and
the written record of any objections in terms of section 48 or 49; and
(b) deliver the form completed in terms of subsection (1) and the sealed
containers to an officer designated by the chief electoral officer.
 38

Part 3: Counting of votes at place other than voting station

Application of Part and procedures

51. (1) This Part applies to the counting of votes mentioned in section 46(1)(a) or (b).
(2) The counting officer must ensure that the procedures provided for in this Part
commence as soon as practicable after receipt of the items mentioned in section 43(3), 5
and continue uninterrupted until they are completed.
(3) The procedures provided for in this Part may be suspended only with the consent
of the Commission and, if they are suspended, the counting officer must ensure the
safe-keeping of all the voting materials entrusted to the counting officer until the
counting of votes has been completed. 10

Verification procedure

52. (1) After receipt of the items mentioned in section 43(3), the counting officer must
examine whether the seals are intact on those items.
(2) The counting officer must allow any agents present to examine whether the seals
are intact. 15
(3) After examining the seals, the counting officer must open all the sealed ballot
boxes and containers and must verify the form completed by the presiding officer in
terms of section 43(1)(a) by comparing it with—
(a) the number of used ballot boxes received;
(b) the number of unused ballot boxes received; 20
(c) the number of containers received; and
(d) the contents of those boxes and containers.
(4) The counting officer must deal with any irregularities and discrepancies in the
prescribed manner.
(5) The counting officer must keep a written record in the prescribed manner of any 25
irregularities and discrepancies and the manner in which those irregularities and
discrepancies were dealt with.

Objections concerning verification procedure

53. (1) At any time before the counting of votes commences, an agent may object to
any alleged irregularity or inaccuracy in the verification procedure performed by the 30
counting officer.
(2) The objection must be made to the counting officer in the prescribed manner.
(3) Section 41(5) to (7), adjusted as may contextually be necessary, applies to the
objection.

Application of certain sections in Part 2 35

54. Sections 47 to 50, adjusted as may contextually be necessary, apply to the

counting of votes and the determination of the result at a venue other than a voting
station, objections and procedures concerning results and voting materials.

Part 4: Objections material to final results of election

Objections material to final results of election 40

55. (1) Despite Parts 1 to 3 of this Chapter, any interested party may make an
objection concerning any aspect of an election that is material to the final result of the
election.
(2) The objection must be made to the Commission in the prescribed manner not later
than 21:00 on the second day after the voting day. 45
(3) The Commission, on good cause shown, may condone a late objection.
(4) The Commission, in the prescribed manner, must decide the objection, and must
notify the objector and any other parties involved in the objection, of the decision.
 40

(5) An objector or other party involved in the objection and who feels aggrieved by
the decision of the Commission, may appeal to the Electoral Court in the prescribed
manner.
(6) The Electoral Court, in the prescribed manner, must consider and decide the
appeal and notify the parties to the appeal of its decision. 5
(7) The result of an election is not suspended pending the decision of the Electoral
Court.

Powers of Commission and Electoral Court

56. If the Commission or the Electoral Court decides, whether as a result of an

objection or appeal brought under section 55 or otherwise, that a serious irregularity has 10
occurred concerning any aspect of an election, the Commission or the Electoral Court
may order—
(a) that the votes cast at a particular voting station do not count in whole or in
part; or
(b) that the votes cast in favour of a registered party or candidate at a particular 15
voting station must be deducted in whole or in part from the votes cast in
favour of that registered party or candidate in that election.

Part 5: Determination and declaration of final result of election

Determination and declaration of final result of election

57. (1) The Commission must determine and declare the result of an election by 20
adding together the results received from all voting stations.
(2) The determination and declaration of the result of an election must occur within
seven days after the voting day, but not—
(a) sooner than 21:00 of the second day after the voting day; or
(b) before all objections made under section 55 have been dealt with in terms of 25
that section, other than an appeal to the Electoral Court in terms of subsection
(5) of that section.
(3) The Commission may determine and declare the result of an election without
having received the results of all voting stations, if—
(a) to wait for the receipt of the result from every voting station would unduly and 30
unreasonably delay the determination and declaration of the result of that
election; and
(b) the outstanding results are not likely to materially influence the overall result
of that election.
(4) If the Commission is unable to determine and declare the result of an election 35
within the seven-day period required by subsection (2)(c), the Commission must apply
to the Electoral Court for an extension of that period.
(5) The Electoral Court, on good cause shown, may extend the period within which
the Commission must determine and declare the result of an election.

CHAPTER 5 40

AGENTS

Appointment of party agents

58. (1) Every registered party contesting an election may appoint—

(a) two party agents for each voting station; and
(b) four party agents for each venue where the proceedings provided for in Part 3 45
or 5 of Chapter 4 take place.
(2) A party agent—
(a) must be a South African citizen; and
(b) may not be a candidate in an election.
(3) The appointment and revocation of appointment of a person as a party agent must 50
be effected in the prescribed manner.
 42

Powers and duties of agents

59. (1) An agent may observe the proceedings provided for in—
(a) Part 1 of Chapter 4 concerning voting;
(b) Parts 2 and 3 of Chapter 4 concerning the counting of votes; and
(c) Part 5 of Chapter 4 concerning the determination and declaration of the result 5
of an election.
(2) The absence of an agent from a place where any electoral proceedings are being
conducted does not invalidate those proceedings.
(3) Whilst present at any voting station, or venue where the proceedings provided for
in Part 3 or 5 of Chapter 4 take place, an agent must— 10
(a) wear the prescribed identification indicating—
(i) that the person is an agent; and
(ii) the registered party or candidate represented by that agent; and
(b) comply with any order issued by—
(i) an officer; or 15
(ii) a member of the security services acting on the instructions of an officer.

CHAPTER 6

ADMINISTRATION

Part 1: Voting districts

Establishment of voting districts 20

60. (1) The Commission must—

(a) establish voting districts for the whole of the territory of the Republic;
(b) determine the boundaries of each voting district in accordance with the factors
mentioned in section 61; and
(c) keep a map of each voting district. 25
(2) The voting districts for an election are those voting districts which on the date on
which the election is called are within the area in which the election is called.

Factors for determining voting district boundaries

61. The Commission must determine the boundaries of a voting district by taking into
account any factor within the proposed voting district that could affect the free, fair and 30
orderly conduct of elections, including—
(a) the availability of a suitable venue for a voting station;
(b) the number and distribution of eligible voters;
(c) the accessibility of a voting station to voters given—
(i) the radius of the proposed voting district; 35
(ii) the availability of transport;
(iii) telecommunications facilities; and
(iv) any geographical or physical feature that may impede access to the
voting station;
(d) municipal and provincial boundaries; and 40
(e) tribal, traditional, historical and customary boundaries.

Consultation with party liaison committee

62. Before determining the boundaries of a voting district, the Commission may
consult on the proposed boundaries of that voting district with—
(a) the municipal party liaison committee for the municipality within which that 45
voting district will fall; or
(b) if no municipal party liaison committee has been established in a municipality,
the provincial party liaison committee for the province within which that
voting district will fall.
 44

Inspection and copies of maps of voting districts

63. (1) As soon as practicable after section 60(1) has been complied with, the chief
electoral officer must give notice that copies of the map of each voting district will be
available for inspection.
(2) The notice must be— 5
(a) published in the Government Gazette; and
(b) publicised in the media considered appropriate by the chief electoral officer so
as to ensure wide publicity of those maps.
(3) The notice must state, and the chief electoral officer must ensure, that copies of—
(a) those maps are available for inspection at the Commission’s head office; and 10
(b) the maps of the voting districts within a municipality are available for
inspection at the office of the municipality.
(4) Any person may inspect a copy of a map mentioned in subsection (1).
(5) The chief electoral officer must provide a certified copy of a map of a voting
district to any person who has paid the prescribed fee. 15

Part 2: Voting stations

Establishment of voting stations

64. (1) The Commission must establish for an election one voting station, or one
voting station and a mobile voting station, or only a mobile voting station, in each voting
district. 20
(2) When determining the location of a voting station, the Commission may take into
account any factor that could affect the free, fair and orderly conduct of elections,
including—
(a) the number and distribution of eligible voters in that voting district;
(b) the availability of suitable venues for a voting station; 25
(c) the distance to be travelled to reach those venues;
(d) access routes to those venues;
(e) the availability of transport to those venues;
(f) traffic density at or near those venues;
(g) parking facilities at or near those venues; 30
(h) telecommunications facilities at those venues;
(i) general facilities at those venues;
(j) the safety and convenience of voters;
(k) any geographical or physical feature that may impede access to or at those
venues; and 35
(l) the ease with which those venues could be secured.
(3) Before determining the location of a voting station, the Commission may consult
on the proposed location of that voting station with—
(a) the municipal party liaison committee for the municipality within which that
voting station will fall; or 40
(b) if no municipal party liaison committee has been established in the
municipality, the provincial party liaison committee for the province within
which the voting station will fall.
(4) By not later than the relevant date stated in the election timetable, the chief
electoral officer must give notice that copies of a list containing the address of each 45
voting station will be available for inspection.
(5) Section 63(2) to (5), adjusted as may contextually be necessary, applies to the
inspection and copies of that list.

Relocation of voting stations in emergencies

65. (1) Despite section 64, the Commission may relocate a voting station if it is of the 50
view that it is necessary to do so for the conduct of a free and fair election.
(2) The chief electoral officer must take all reasonable steps to publicise the relocation
of a voting station among voters in the voting district concerned.
 46

Organisation of voting stations

66. (1) By not later than the relevant date stated in the election timetable, the chief
electoral officer must determine the boundary of every voting station.
(2) The presiding officer of a voting station may alter the boundary of that voting
station on voting day if the presiding officer considers it necessary to do so to ensure 5
proper control and security at the voting station, and must demarcate that boundary in
the prescribed manner.

Mobile voting stations

67. (1) In order to ensure a free and fair election, the Commission may decide to use
mobile voting stations. 10
(2) If the Commission decides to use mobile voting stations in an election, the chief
electoral officer, by not later than the relevant date stated in the election timetable, must
give notice of the route, including the locations and estimated times of stopping, of each
mobile voting station.
(3) The notice must be publicised by the chief electoral officer in the media considered 15
appropriate so as to ensure wide publicity of the information referred to in subsection
(2).

Part 3: Voting materials

Ballot papers

68. The Commission must determine— 20

(a) the design of the ballot paper or ballot papers to be used in an election;
(b) the language to be used on a ballot paper, taking into account the election in
which that ballot paper is to be used; and
(c) the manner in which ballot papers issued must be accounted for.

Ballot boxes 25

69. (1) The Commission must determine the design and material of ballot boxes to be
used in an election.
(2) Each ballot box must be capable of being securely closed.
(3) The Commission must determine the manner in which ballot boxes are to be—
(a) numbered and labelled; and 30
(b) closed, secured, opened, sealed and unsealed.

Voting compartments

70. (1) The Commission must determine the design and material of voting
compartments to be used in an election.
(2) A voting compartment must screen a voter from observation by other persons 35
while marking a ballot paper.

Voting materials

71. (1) Before voting opens at a voting station, the chief electoral officer must supply
the presiding officer responsible for that voting station with all the voting materials
necessary for the election at that voting station, including— 40
(a) ballot papers;
(b) ballot boxes;
(c) voting compartments;
(d) a certified voters’ roll for the voting district concerned; and
(e) a receipt to be signed by the presiding officer detailing the voting materials 45
entrusted to that presiding officer.
 48

(2) A presiding officer is responsible for the safe-keeping of all the voting materials
supplied to that officer.

Part 4: Appointment of officers, additional persons and institutions, and their powers
and duties

Appointment of presiding officers 5

72. As soon as practicable after the proclamation of an election, the chief electoral
officer, in consultation with the Commission, must appoint a presiding officer and a
deputy presiding officer for each voting station at which that election is to be conducted.

Powers and duties of presiding officers

73. (1) The presiding officer of a voting station must co-ordinate and supervise the 10
voting at that voting station so as to ensure that the election at the voting station is free
and fair.
(2) The presiding officer—
(a) may exercise the powers and must perform the duties assigned to a presiding
officer by or under this Act; 15
(b) must take all reasonable steps to ensure orderly conduct at that voting station;
and
(c) may order a member of the security services to assist in ensuring orderly
conduct at that voting station, and that member must comply with that order.
(3) The presiding officer may exclude from the area within the boundary of a voting 20
station any person other than—
(a) a member, employee or officer of the Commission, or the chief electoral
officer;
(b) an agent who is entitled in terms of section 59 to be present at a voting station;
(c) the prescribed number of candidates as the presiding officer may allow; 25
(d) a person appointed by an accredited observer;
(e) a voter present for the purpose of casting a vote; and
(f) any other person or category of persons authorised by the chief electoral
officer to be present at the voting station.
(4) (a) Despite subsection (3), the presiding officer may order any person mentioned 30
in subsection (3)(b) to (f) to leave the area within the boundary of the voting station if
that person’s conduct is not conducive to a free and fair election at that voting station.
(b) The presiding officer must give that person reasons for an order in terms of
paragraph (a).
(5) If a person refuses to comply with an order in terms of subsection (4), the 35
presiding officer may order a member of the security services to forcibly remove that
person, and that member must comply with that order.
(6) The deputy presiding officer of a voting station must act as presiding officer
whenever—
(a) the presiding officer is absent from duty, or for any reason is temporarily 40
unable to exercise the powers and perform the duties of the presiding officer;
or
(b) the office of presiding officer for that voting station is vacant.

Appointment of voting officers

74. As soon as practicable after the proclamation of an election, the chief electoral 45
officer, in consultation with the Commission, must appoint for each voting station as
many voting officers as may be necessary.

Powers and duties of voting officers

75. A voting officer—

 50

(a) must assist the presiding officer in the exercise of the presiding officer’s
powers and the performance of the presiding officer’s duties; and
(b) may exercise the powers and must perform the duties assigned to a voting
officer by or under this Act.
Appointment of counting officers 5
76. (1) As soon as practicable after the proclamation of an election, the chief electoral
officer, in consultation with the Commission, must appoint a counting officer and a
deputy counting officer for each voting station or venue at which the counting of votes
is to be conducted.
(2) The chief electoral officer may appoint the presiding officer, the deputy presiding 10
officer or a voting officer for a voting station as the counting officer or deputy counting
officer for that voting station or at a venue.
Powers and duties of counting officers
77. (1) The counting officer for a voting station or venue for the counting of votes
must co-ordinate and supervise the counting of votes and the determination of the result 15
of the election at the voting station or venue so as to ensure that the election at that voting
station or venue is free and fair.
(2) Section 73(2) to (5), adjusted as may contextually be necessary, applies to the
powers and duties of a counting officer.
(3) The deputy counting officer for a voting station or venue must act as the counting 20
officer whenever—
(a) the counting officer is absent from duty, or for any reason is temporarily
unable to exercise the powers and perform the duties of the counting officer;
or
(b) the office of counting officer for that voting station or venue is vacant. 25
Appointment of counters
78. (1) As soon as practicable after the proclamation of an election, the chief electoral
officer, in consultation with the Commission, must appoint as many counters as may be
necessary for each voting station or venue at which the counting of votes is to be
conducted. 30
(2) The chief electoral officer may appoint the presiding officer, deputy presiding
officer or a voting officer for a voting station as a counter at that voting station or at a
venue.
Powers and duties of counters
79. A counter— 35
(a) must assist a counting officer in the counting of votes; and
(b) may exercise the powers and must perform the duties assigned to a counter by
or under this Act.
Appointment of additional persons
80. (1) The chief electoral officer, in consultation with the Commission, may appoint 40
as many additional persons as may be necessary to enable the Commission to exercise
its powers and perform its duties effectively.
(2) A person appointed by the chief electoral officer in terms of subsection (1) may
be—
(a) a natural person; or 45
(b) an institution, including a juristic person or an organ of state.

Powers and duties of additional persons

81. A person appointed by the chief electoral officer in terms of section 80 may
exercise any power and must perform any duty assigned to such a person by or under this
Act. 50
General provisions concerning appointment of officers
82. (1) A person may not be appointed as an officer in an election, or remain in that
office, if that person—
 52

(a) is a candidate contesting that election;

(b) is an agent in that election; or
(c) holds political office in a registered party.
(2) (a) An officer exercises the powers and performs the duties assigned to that officer
subject to the directions, control and discipline of the chief electoral officer. 5
(b) The chief electoral officer must determine in writing the terms and conditions of
appointment of an officer, including—
(i) the powers and duties assigned to that officer; and
(ii) any remuneration payable to that officer.
(3) The assignment of a power or duty to an officer does not prevent the chief electoral 10
officer from exercising that power or performing that duty.
(4) A person may not be appointed as an officer unless that person has signed the
prescribed undertaking, which must include an undertaking to be bound by—
(a) the Code; and
(b) a declaration of secrecy. 15
(5) All officers must be impartial and exercise their powers and perform their duties
independently and without fear, favour or prejudice.
(6) An officer may not, whether directly or indirectly, in any manner give support to,
or oppose, any registered party or candidate contesting an election, or any of the issues
in contention between parties or candidates. 20
(7) An officer may not place in jeopardy that officer’s perceived independence, or
harm the credibility, impartiality, independence or integrity of the Commission, by any
membership, association, statement or conduct.
(8) An officer is not liable for any loss suffered by a person as a result of an act
performed or omitted in good faith in the exercise of a power or the performance of a 25
duty in terms of this Act.
(9) An officer may be removed from office by the chief electoral officer on account
of—
(a) misconduct, incompetence or incapacity;
(b) absence from duty without leave of the chief electoral officer; 30
(c) bias;
(d) a material contravention of this section;
(e) a material contravention of the declaration of secrecy; or
(f) any other consideration related to free and fair elections.
(10) No appeal may be brought against a decision by the chief electoral officer to 35
appoint a person as an officer, or to remove an officer from office.
(11) An officer may resign from office by giving one calendar month’s notice in
writing to the chief electoral officer.
(12) The chief electoral officer may appoint, in accordance with this Part, a person to
fill a vacancy caused by the death or the removal or resignation from office of an officer. 40

General provisions concerning appointment of institutions

83. (1) In this section, ‘‘institution’’ means an institution appointed by the chief
electoral officer in terms of section 80.
(2) (a) An institution and its employees exercise the powers and perform the duties
assigned to the institution subject to the directions, control and discipline of the chief 45
electoral officer.
(b) The chief electoral officer must determine in writing the terms and conditions of
appointment of an institution, including—
(i) the services, facilities and employees to be made available to the Commission
by that institution; 50
(ii) the powers and duties assigned to that institution; and
(iii) any remuneration payable to that institution.
(3) The assignment of a power or duty to an institution does not prevent the chief
electoral officer from exercising that power or performing that duty.
 54

(4) An institution must ensure that an employee of that institution who exercises a
power or performs a duty in terms of this Act is not—
(a) a candidate contesting that election;
(b) an agent in that election; or
(c) holds political office in a registered party. 5
(5) An institution may not be appointed unless that institution, and each of its
employees who will exercise powers and perform duties in terms of this Act, have
signed the prescribed undertaking, which must include an undertaking to be bound by a
declaration of secrecy.
(6) Every institution must ensure that it, and its employees, exercise their powers and 10
perform their duties impartially and independently and without fear, favour or prejudice.
(7) An institution, and each of its employees who exercises powers and performs
duties in terms of this Act, may not, whether directly or indirectly, in any manner give
support to, or oppose, any registered party or candidate contesting an election, or any of
the issues in contention between parties or candidates. 15
(8) An institution, and each of its employees who exercises powers and performs
duties in terms of this Act, may not place in jeopardy their perceived independence, or
harm the credibility, impartiality, independence or integrity of the Commission, by any
membership, association, statement or conduct.
(9) An institution and its employees are not liable for any loss suffered by any person 20
as a result of any act performed or omitted in good faith in the exercise of any power or
the performance of a duty in terms of this Act.
(10) The chief electoral officer may revoke the appointment of an institution on
account of that institution’s—
(a) incapacity or incompetence; 25
(b) bias; or
(c) failure to adequately discipline and control its employees exercising any
powers or performing any duties in terms of this Act.
(11) An institution must immediately terminate an employee’s exercise of any power
or performance of any duty in terms of this Act on account of that employee’s— 30
(a) misconduct, incompetence or incapacity;
(b) absence from duty without leave of the chief electoral officer;
(c) bias;
(d) material contravention of this section;
(e) material contravention of the declaration of secrecy; or 35
(f) conduct which is not conducive to free and fair elections.
(12) No appeal may be brought against a decision by the chief electoral officer to
appoint an institution, or to revoke the appointment of an institution.
(13) An institution may terminate its appointment by giving two calendar months’
notice in writing to the chief electoral officer. 40
(14) The chief electoral officer may appoint, in accordance with this Part, another
institution in the place of an institution whose appointment has been revoked or
terminated.

Part 5: Accreditation of observers and persons providing voter education

Accreditation of observers 45

84. (1) Any juristic person may apply to the Commission in the prescribed manner for
accreditation to observe an election.
(2) The Commission may require further information in support of an application.
(3) The Commission may accredit an applicant to observe an election after
considering the application, any further information provided by the applicant, and 50
whether—
(a) the accreditation of the applicant will promote conditions conducive to a free
and fair election; and
(b) the persons appointed by the applicant will—
(i) observe that election impartially and independently of any registered 55
party or candidate contesting that election;
(ii) be competent and professional in observing that election; and
(iii) subscribe to a Code governing observers issued by the Commission in
terms of section 99.
 56

(4) The Commission may decide—

(a) to accredit the applicant, in which case, the Commission must—
(i) enter the applicant’s name in the register of persons accredited as
observers;
(ii) issue a certificate of accreditation in the applicant’s name stating the 5
period and other conditions of accreditation; and
(iii) send the certificate to the applicant; or
(b) not to accredit the applicant, in which case the Commission must advise the
unsuccessful applicant in writing of its decision.
(5) If a person accredited as an observer fails to comply to a material extent with the 10
conditions of the accreditation, the Commission may cancel that accreditation after
having given reasonable notice of the cancellation to that person.
(6) Any person may inspect the register and copies of the certificates of persons
accredited as observers. The register and copies of the certificates must be kept at the
Commission’s head office. 15
(7) The chief electoral officer must provide a certified copy of, or extract from, that
register or a certificate to any person who has paid the prescribed fee.

Powers and duties of accredited observers

85. (1) A person appointed by an accredited observer may, in relation to the election
for which that observer is accredited, observe the proceedings provided for in— 20
(a) Part 1 of Chapter 4 concerning voting;
(b) Parts 2 and 3 of Chapter 4 concerning the counting of votes; and
(c) Part 5 of Chapter 4 concerning the determination and declaration of the
election results.
(2) Whilst observing an election, a person appointed by an accredited observer must 25
wear the prescribed identification indicating that the person is representing an accredited
observer.
(3) A person appointed by an accredited observer must comply with any order issued
by—
(a) an officer; or 30
(b) a member of the security services acting on the instructions of an officer.

Accreditation of persons providing voter education

86. (1) Any natural or juristic person may apply to the Commission in the prescribed
manner for accreditation to provide voter education for an election.
(2) The Commission may require further information in support of an application. 35
(3) The Commission may accredit an applicant to provide voter education for an
election after considering the application, any further information provided by the
applicant, and whether—
(a) the services provided by the applicant meet the Commission’s standards;
(b) the applicant is able to conduct its activities effectively; 40
(c) the applicant or the persons appointed by the applicant to provide voter
education will—
(i) do so in a manner that is impartial and independent of any registered
party or candidate contesting that election;
(ii) be competent to do so; and 45
(iii) subscribe to a Code issued by the Commission under section 98
governing persons accredited to provide voter education; and
(d) the accreditation of the applicant will promote voter education and conditions
conducive to free and fair elections.
(4) Section 84(4) to (7), adjusted as may contextually be necessary, applies to the 50
accreditation of persons providing voter education.
 58

CHAPTER 7

GENERAL PROVISIONS

Part 1: Prohibited conduct

Undue influence

87. (1) No person may— 5

(a) compel or unlawfully persuade any person—
(i) to register or not to register as a voter;
(ii) to vote or not to vote;
(iii) to vote or not to vote for any registered party or candidate;
(iv) to support or not to support any registered party or candidate; or 10
(v) to attend and participate in, or not to attend and participate in, any
political meeting, march, demonstration or other political event;
(b) interfere with the independence or impartiality of the Commission, any
member, employee or officer of the Commission, or the chief electoral officer;
(c) prejudice any person because of any past, present or anticipated performance 15
of a function in terms of this Act;
(d) advantage, or promise to advantage, a person in exchange for that person not
performing a function in terms of this Act;
(e) prevent any of the following persons from gaining reasonable access to voters,
whether in a public or private place: 20
(i) Any representative of a registered party or of a candidate;
(ii) any candidate in an election;
(iii) any member, employee or officer of the Commission;
(iv) the chief electoral officer;
(v) any person appointed by an accredited observer; or 25
(vi) any person accredited to provide voter education; or
(f) unlawfully prevent the holding of any political meeting, march, demonstra-
tion or other political event.
(2) Subject to this Act, no person may prevent anyone from exercising a right
conferred by this Act. 30
(3) No person, knowing that another person is not entitled to be registered as a voter,
may—
(a) persuade that other person that that other person is entitled to be registered as
a voter; or
(b) represent to anyone else that that other person is entitled to be registered as a 35
voter.
(4) No person, knowing that another person is not entitled to vote, may—
(a) assist, compel or persuade that other person to vote; or
(b) represent to anyone else that that other person is entitled to vote.

Impersonation 40

88. No person—
(a) may apply to be registered as a voter in the name of any other person, whether
living, dead or fictitious;
(b) may apply for a ballot paper at a voting station in the name of another person,
whether living, dead or fictitious; 45
(c) who is not entitled to vote in an election or at a voting station, may vote in that
election or at that voting station;
(d) may cast more votes than that person is entitled to; or
(e) may impersonate—
 60

(i) a representative of a registered party or of a candidate;

(ii) a candidate in an election;
(iii) a member, employee or officer of the Commission;
(iv) the chief electoral officer;
(v) a person appointed by an accredited observer; or 5
(vi) a person accredited to provide voter education.

Intentional false statements

89. (1) No person, when required in terms of this Act to make a statement, may make
the statement—
(a) knowing that it is false; or 10
(b) without believing on reasonable grounds that the statement is true.
(2) No person may publish any false information with the intention of—
(a) disrupting or preventing an election;
(b) creating hostility or fear in order to influence the conduct or outcome of an
election; or 15
(c) influencing the conduct or outcome of an election.

Infringement of secrecy

90. (1) No person may interfere with a voter’s right to secrecy while casting a vote.
(2) Except as permitted in terms of this Act, no person may—
(a) disclose any information about voting or the counting of votes; or 20
(b) open any ballot box or container sealed in terms of this Act, or break its seal.

Prohibitions concerning voting and election materials

91. (1) Except as permitted in terms of this Act, no person may—

(a) print, manufacture or supply any voting or election material;
(b) remove or conceal any voting or election material; 25
(c) damage or destroy any voting or election material; or
(d) use the voters’ roll or any voting or election material for a purpose other than
an election purpose.
(2) The chief electoral officer may authorise—
(a) the printing, manufacture or supply of any voting or election material; 30
(b) the use of the voters’ roll or any voting or election material for a purpose other
than an election purpose; and
(c) the removal or destruction of any voting or election material.

Prohibitions concerning placards and billboards during election

92. From the date on which an election is called to the date the result of the election 35
is determined and declared in terms of section 57, no person may deface or unlawfully
remove any billboard, placard or poster published by a registered party or candidate.

Obstruction of, or non-compliance with, directions of Commission, chief electoral

officer and other officers

93. (1) No person may refuse or fail to give effect to a lawful direction, instruction or 40
order of the Commission, or a member, employee or officer of the Commission, or the
chief electoral officer.
(2) A person may not obstruct or hinder the Commission, or a person mentioned in
subsection (1), or a person appointed by an accredited observer, in the exercise of their
powers or the performance of their duties. 45
 62

Contravention of Code

94. No person or registered party bound by the Code may contravene or fail to comply
with a provision of that Code.

Part 2: Enforcement

Institution of and intervention in civil proceedings by chief electoral officer 5

95. (1) Subject to this Act and any other law, the chief electoral officer may institute
civil proceedings before a court, including the Electoral Court, to enforce a provision of
this Act or the Code.
(2) The chief electoral officer may intervene in any civil proceedings if the
Commission has a legal interest in the outcome of those proceedings. 10

Jurisdiction and powers of Electoral Court

96. (1) The Electoral Court has final jurisdiction in respect of all electoral disputes and
complaints about infringements of the Code, and no decision or order of the Electoral
Court is subject to appeal or review.
(2) If a court having jurisdiction by virtue of section 20(4)(b) of the Electoral 15
Commission Act finds that a person or registered party has contravened a provision of
Part 1 of this Chapter it may in the interest of a free and fair election impose any
appropriate penalty or sanction on that person or party, including—
(a) a formal warning;
(b) a fine not exceeding R200 000; 20
(c) the forfeiture of any deposit paid by that person or party in terms of section
27(2)(e);
(d) an order prohibiting that person or party from—
(i) using any public media;
(ii) holding any public meeting, demonstration, march or other political 25
event;
(iii) entering any voting district for the purpose of canvassing voters or for
any other election purpose;
(iv) erecting or publishing billboards, placards or posters at or in any place;
(v) publishing or distributing any campaign literature; 30
(vi) electoral advertising; or
(vii) receiving any funds from the State or from any foreign sources;
(e) an order imposing limits on the right of that person or party to perform any of
the activities mentioned in paragraph (d);
(f) an order excluding that person or any agents of that person or any candidates 35
or agents of that party from entering a voting station;
(g) an order reducing the number of votes cast in favour of that person or party;
(h) an order disqualifying the candidature of that person or of any candidate of
that party; or
(i) an order cancelling the registration of that party . 40
(3) Any penalty or sanction provided for in this section will be in addition to any
penalty provided for in Part 3 of this Chapter.

Part 3: Offences and penalties

Offences

97. Any person who contravenes a provision of Part 1 of this Chapter or a provision 45
of section 107, 108 or 109, is guilty of an offence.

Penalties

98. Any person convicted of any offence in terms of—

(a) section 87(1)(b), (c) or (d), 89(2), 90, 91, 93 or 94, is liable to a fine or to
imprisonment for a period not exceeding 10 years; 50
 64

(b) section 87(1)(a), (e) or (f), (2), (3) or (4), 88, 89(1), 92, 107(4), 108 or 109, is
liable to a fine or to imprisonment for a period not exceeding five years,

Part 4: Additional powers and duties of Commission

Electoral Code of Conduct and other Codes

99. (1) The Electoral Code of Conduct must be subscribed to— 5

(a) by every registered party before that party is allowed to contest an election;
and
(b) by every candidate before that candidate may be placed on a list of candidates
in terms of section 31.
(2) In order to promote free, fair and orderly elections, the Commission may compile 10
and issue any other Code.
(3) The Commission may change or replace a Code issued in terms of subsection (2).
(4) A Code issued in terms of subsection (2), or a change to or replacement of such a
Code, must be published in the Government Gazette.

Regulations 15

100. (1) The Commission must make regulations regarding any matter that must be
prescribed in terms of this Act.
(2) The Commission may make regulations, after consultation with the party national
liaison committee, regarding any matter—
(a) that may be prescribed in terms of this Act; or 20
(b) that it considers necessary or expedient in order to achieve the objects of this
Act.
(3) Regulations made in terms of this section may prescribe a fine or a period of
imprisonment not exceeding one year for a contravention of or a failure to comply with
a provision of the regulations. 25
(4) The Commission must publish any regulations made in terms of this section in the
Government Gazette.

Assignment of powers and duties by Commission

101. (1) The Commission may—

(a) delegate any of the Commission’s powers in terms of this Act, excluding the 30
powers referred to in section 32, 99(2) or 100 or this section, or any other law,
to a member, employee or officer of the Commission; or
(b) instruct a member, employee or officer of the Commission to perform any of
the Commission’s duties in terms of this Act or any other law.
(2) A delegation or instruction in terms of subsection (1)— 35
(a) is subject to any limitations and conditions the Commission may impose; and
(b) does not prevent the Commission from exercising or performing the assigned
power or duty.

Assignment of powers and duties by chief electoral officer

102. (1) The chief electoral officer may— 40

(a) delegate any of the chief electoral officer’s powers in terms of this Act or any
other law, to an employee or officer of the Commission; or
(b) instruct an employee or officer of the Commission to perform any of the chief
electoral officer’s duties in terms of this Act or any other law.
(2) Section 101(2), adjusted as may contextually be necessary, applies to a delegation 45
or instruction of the chief electoral officer in terms of subsection (1).
 66

Powers to decide objections and appeals

103. (1) Whenever the Commission, an officer or the chief electoral officer is required
in terms of this Act to decide an objection or an appeal, the Commission or that person
may attempt to resolve the issue that is the subject of the objection or appeal, through
conciliation. 5
(2) The Commission must prescribe the powers that may be exercised by it, any
officer, or the chief electoral officer in deciding an objection or appeal in terms of this
Act.

Access to private places

104. Members, employees and officers of the Commission have access to private 10
places when that access is necessary for the exercise of a power or the performance of
a duty assigned to them by or under this Act.

Ownership of voting and election materials, and disposal

105. (1) The Commission is regarded as owning all voting and election materials used
or provided by it in an election. 15
(2) Unless the Electoral Court orders otherwise, the Commission may dispose of the
voting and election materials used in a particular election after six months after the date
on which the final result of the election was declared, in the manner directed by the
Commission.

Return or forfeiture of deposit 20

106. (1) Subject to section 96(2)(c), the Commission must refund to a registered party
any deposit paid by it in terms of section 27(2)(e) if the party is allocated at least one seat
in the legislature whose election that party contested.
(2) A deposit that is not refundable in terms of subsection (1) is forfeited to the State.

Part 5: Other general provisions 25

Temporary obligations

107. (1) (a) This section is applicable only from the date on which an election is called
to the date the result of the election is determined and declared in terms of section 57.
(b) For the purposes of this section, ‘‘printed matter’’ means any billboard, placard,
poster or pamphlet. 30
(2) Any printed matter intending to affect the outcome of an election must state clearly
the full name and address of the printer and publisher.
(3) The publisher of any publication must head an article in that publication with the
word ‘‘advertisement’’ if that article—
(a) originates from— 35
(i) a registered party, a person who holds political office in that party, or any
member or supporter of that party; or
(ii) a candidate contesting an election or supporter of that candidate; and
(b) is inserted in the publication on the promise of payment to the publication.
(4) No person may print, publish or distribute any printed matter or publication that 40
does not comply with this section.

Prohibition on certain political activities

108. On voting day no person may—

(a) hold or take part in any political meeting, march, demonstration or other
political event; or 45
(b) engage in any political activity, other than casting a vote, in the area within the
boundary of a voting station.
 68

Prohibition on publication of exit polls

109. During the prescribed hours for an election, no person may print, publish or
distribute the result of any exit poll taken in that election.

Effect of certain irregularities

110. (1) Any mistake in the certified segment of the voters’ roll referred to in section 5
24 or the final list of candidates referred to in section 31 does not invalidate that voters’
roll or that list of candidates.
(2) An election may not be set aside because of a mistake in the conduct of that
election or a failure to comply with this Act, unless the mistake or failure materially
affected the result of the election. 10

Inspection and copying of documents

111. Where this Act requires that documents be publicised, or made available for
inspection or copying, the Commission must endeavour to also publicise or make
available those documents by way of electronic technology.

Prohibition on certain strikes and lockouts 15

112. (1) The service provided by the Commission is an essential service for the
purpose of the Labour Relations Act, 1995 (Act No. 66 of 1995).
(2) Strikes and lockouts on voting day by employees and employers in the public
transport or telecommunication sector are prohibited and are not protected in terms of
Chapter IV of the Labour Relations Act, 1995. 20

Limitation of liability

113. The Commission, a member, employee and officer of the Commission, the chief
electoral officer, an institution appointed in terms of section 80, and a person with whom
the Commission has contracted to work for the Commission, is not liable for any loss
suffered by any person as a result of any act performed or omitted in good faith in the 25
course of exercising a power or performing a duty assigned by or under this Act.

Composition of National Assembly and provincial legislatures

114. The formulas referred to in sections 46(2) and 105(2) of the Constitution are set
out in Schedule 3.

Repeal of laws 30

115. (1) Subject to subsection (2), the laws mentioned in Schedule 4 are hereby
repealed.
(2) Anything done in terms of a provision of any law repealed by subsection (1) and
which could be done in terms of a provision of this Act, must be regarded to have been
done in terms of the last-mentioned provision. 35

Act binds State

116. This Act binds the State except in so far as criminal liability is concerned.

Application of Act when in conflict with other laws

117. If any conflict arises between a provision of this Act and a provision of any other
law, except the Constitution or an Act of Parliament expressly amending this Act, the 40
provision of this Act prevails.

Short title and commencement

118. (1) This Act is called the Electoral Act, 1998.

 70

(2) Subject to subsection (3), this Act takes effect on a date determined by the
President by proclamation in the Government Gazette.
(3) Section 3(c) must take effect on a later date than the remainder of this Act.
 72

SCHEDULE 1

ELECTION TIMETABLE

(Section 20)

The Electoral Commission hereby gives notice that it has in terms of section 17 of the
Electoral Act, 1998, determined the election timetable set out below to apply to the
...................................................................... (particulars of relevant election) that will
be held on ................................... (date(s)). (A reference to ‘‘section’’ in this election
timetable is a reference to that section of the Electoral Act, 1998.)

Cut-off time for act to be performed

1. An act required in terms of this Act to be performed by not later than a date stated
in the election timetable must be performed before 17:00 on that date.

Cut-off date for publication of voters’ roll

2. By ... [day/month/year], the chief electoral officer must publish the voters’ roll or
the segments of the voters’ roll to be used in this election in terms of section 24(2).

Notice that list of addresses of voting stations is available for inspection

3. The chief electoral officer must give notice by ... [day/month/year] that from the
date of the notice until the voting day copies of a list containing the addresses of all
voting stations will be available for inspection.

Cut-off date for submission of list of candidates

4. Registered parties that intend to contest this election must nominate and submit a
list of their candidates for the election to the chief electoral officer in the prescribed
manner by ... [day/month/year].

Notice of non-compliance

5. (1) The chief electoral officer must notify a registered party that has submitted a list
of candidates in terms of section 27 but has not fully complied with that section, of that
non-compliance by ... [day/month/year].
(2) If the notified party takes the opportunity to comply with section 27, that party
must do so by ... [day/month/year].

Inspection of lists of candidates and accompanying documents

6. The chief electoral officer must give notice by ... [day/month/year], that from the
date of the notice until ... [day/month/year], copies of the following documents will be
available for inspection: The lists of candidates and accompanying documents
submitted by registered parties in terms of section 27, as amended and supplemented in
terms of section 28.

Cut-off date for objections

7. Any person, including the chief electoral officer, may object to a candidate to the
Commission in the prescribed manner by ... [day/month/year].

Decision of objections

8. The Commission must decide an objection under section 30, and must notify the
objector and the registered party that nominated the candidate of the decision in the
prescribed manner by ... [day/month/year].
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Cut-off date for appeals against decisions

9. The objector or the registered party who nominated the candidate may appeal
against a decision of the Commission in terms of section 30(3) to the Electoral Court in
the prescribed manner by ... [day/month/year].

Deciding appeals

10. The Electoral Court must consider and decide an appeal brought under section
30(4) and notify the parties to the appeal, and the chief electoral officer, of the decision
in the prescribed manner by ... [day/month/year].

List of parties and candidates entitled to contest election and final list of candidates

11. By ... [day/month/year], the chief electoral officer—

(a) must give effect to a decision of the Commission in terms of section 30(3) or
a decision of the Electoral Court in terms of section 30(5); and
(b) must compile a list of the registered parties entitled to contest the election and
the final list of candidates for each of those parties.

Issue of certificate to candidates

12. By ... [day/month/year], the chief electoral officer must issue in the prescribed
manner to each candidate on a final list of candidates a certificate stating that the person
is a candidate in this election.

Determination of boundaries of voting stations

13. By ... [day/month/year], the chief electoral officer must determine the boundary of
every voting station.

Prescribing of voting hours

14. By ... [day/month/year], the Commission must prescribe the voting hours for this
election.

Notice of route of mobile voting stations

15. If the Commission decides to use mobile voting stations in the election, the chief
electoral officer must give notice by ... [day/month/year] of the route, including the
locations and estimated times of stopping of each mobile voting station.
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SCHEDULE 2

ELECTORAL CODE OF CONDUCT

(Section 99)

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

2. Every registered party and every candidate bound by this Code 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

3. Every registered party and every candidate must—

(a) comply with this Code;
(b) instruct—
(i) in the case of a party, its candidates, persons who hold political office in
the party, and its representatives, members and supporters, to comply
with this Code and any applicable electoral laws; or
(ii) in the case of a 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—
(i) in the case of a party, that its candidates, persons who hold political office
in the party, and its representatives, members and supporters, comply
with this Code and any applicable electoral laws; or
(ii) in the case of a candidate, that the representatives and supporters of the
candidate comply with this Code and any applicable electoral laws.

Public commitment

4. (1) Every registered party and every candidate must—

(a) publicly state that everyone has the right—
(i) to freely express their political beliefs and opinions;
(ii) to challenge and debate the political beliefs and opinions of others;
(iii) to publish and distribute election and campaign materials, including
notices and advertisements;
(iv) to lawfully erect banners, billboards, placards and posters;
(v) to canvass support for a party or candidate;
(vi) to recruit members for a party;
(vii) to hold public meetings; and
(viii) 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 registered party and every candidate must accept the result of an election or
challenge the result in a court.
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Duty to co-operate

5. Every registered 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

6. Every registered 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

7. Every registered 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—
(i) the Commission; and
(ii) other registered 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—
(i) 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;
(ii) 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
(iii) that representatives of that party or candidate attend meetings of any
party liaison committee or other forum convened by the Commission.

Role of media

8. Every registered 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

9. (1) No registered party or candidate may—

(a) use language or act in a way that may provoke—
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(i) violence during an election; or

(ii) 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—
(i) a party, its candidates, representatives or members; or
(ii) a candidate or that candidate’s representatives;
(c) plagiarise the symbols, colours or acronyms of other registered 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—
(i) to join or not to join a party;
(ii) to attend or not to attend a public meeting, march, demonstration, rally or
other public political event;
(iii) to vote or not to vote, or to vote or not to vote in any particular way; or
(iv) to refuse a nomination as a candidate or to withdraw as a candidate; or
(b) carry or display arms or weapons—
(i) at a political meeting; or
(ii) 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

10. The Commission may by regulations made in terms of section 100 add provisions
to this Code.
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SCHEDULE 3

COMPOSITION OF NATIONAL ASSEMBLY AND

PROVINCIAL LEGISLATURES

(Section 114)

Formula for determining number of members of National Assembly

1. (1) By taking into account available scientifically based data and representations by
interested parties, the number of seats of the National Assembly must be determined by
awarding one seat for every 100 000 of the population with a minimum of 350 and a
maximum of 400 seats.
(2) If the total number of seats for all provincial legislatures determined in terms of
item 2 exceeds 400, the number of seats for the National Assembly may not be less than
400.

Formula for determining number of members of provincial legislatures

2. By taking into account available scientifically based data and representations by

interested parties, the number of seats of a provincial legislature must be determined by
awarding one seat for every 100 000 of the population whose ordinary place of
residence is within that province, with a minimum of 30 and a maximum of 80 seats.

Commission responsible for determination of seats

3. (1) The determination of seats contemplated in items 1 and 2 must be completed by

the Commission not later than 31 March 1999.
(2) The Commission must give notice in the Government Gazette of the time and date
on which, and the venue where, the determination is to take place, and must afford
interested parties an opportunity to make representations before the determination is
made.

Determination to be published in Government Gazette

4. A determination made in terms of this Schedule must be published in the

Government Gazette within 14 days of the determination, and takes effect on the date it
is published.
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SCHEDULE 4

REPEAL OF LAWS

(Section 115)

No. and year of law Title

Act No. 202 of 1993 Electoral Act, 1993
Act No. 1 of 1994 Electoral Amendment Act, 1994
Proclamation No. 65 of 1994
Proclamation No. 69 of 1994
Proclamation No. 73 of 1994
Proclamation No. 85 of 1994
Proclamation No. 91 of 1994
Act No. 20 of 1997 Electoral Amendment Act, 1997