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Local Government: Municipal Electoral Act, 2000

Act 27 of 2000

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Local Government: Municipal Electoral Act, 2000
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Act 27 of 2000
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South Africa

Local Government: Municipal Electoral Act, 2000

Act 27 of 2000

  1. [Amended by Local Government: Municipal Electoral Amendment Act, 2010 (Act 14 of 2010) on 28 February 2011]
  2. [Amended by Local Government: Municipal Electoral Amendment Act, 2016 (Act 1 of 2016) on 3 June 2016]
  3. [Amended by Electoral Laws Amendment Act, 2019 (Act 1 of 2019) on 6 March 2019]
  4. [Amended by Electoral Laws Amendment Act, 2021 (Act 4 of 2021) on 27 August 2021]
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:—

Chapter 1
Interpretation, application and administration of Act

1. Definitions

In this Act, unless the context otherwise indicates—“agent” means a person appointed as an agent in terms of section 39;“assignment”, in relation to a duty, includes an instruction to perform the duty, and “assign” has a corresponding meaning;“authorised representative”, in relation to a party, means a natural person duly authorised by the party in accordance with its constitution to act on the party’s behalf for purposes of submitting a party list or nominating a ward candidate;[definition of “authorised representative” inserted by section 1(a) of Act 1 of 2016]“ballot”, in relation to—(a)an election where a voter in terms of item 8(1) or 9(2) of Schedule 1 or item 3(a) of Schedule 2 to the Municipal Structures Act is entitled to cast one vote only, means a ballot conducted at a voting station to enable voters to cast that vote in the election; or(b)an election where a voter in terms of item 9(1) of Schedule 1 or item 3(b) of Schedule 2 to the Municipal Structures Act is entitled to cast more than one vote, means each of the separate ballots conducted at a voting station to enable voters to cast those votes in the election;“candidate” means a party or ward candidate;“chief electoral officer” means the chief electoral officer appointed in terms of section 12(1) of the Electoral Commission Act, and includes any person designated to act in that capacity in terms of section 12(3) of that Act;“Code” means—(a)the Electoral Code of Conduct; and(b)any other Code issued by the Commission under section 88;“Commission” means the Electoral Commission, established by section 3 of the Electoral Commission Act;“Constitution” means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);“counter” means a person appointed as a counter in terms of section 33;“counting officer” means a person appointed as a counting officer in terms of section 31;"district council" has the meaning assigned to it in section 1 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);[definition of "district council" inserted by section 17(a) of Act 4 of 2021]“district management area” [definition of "district management area" deleted by section 17(b) of Act 4 of 2021]“Electoral Act” means the Electoral Act, 1998 (Act No. 73 of 1998);“Electoral Code of Conduct” means the Code contained in Schedule 1;“Electoral Commission Act” means the Electoral Commission Act, 1996 (Act No. 51 of 1996);“Electoral Court” means the Court established by section 18 of the Electoral Commission Act;“identity document” means an identity card issued in terms of the Identification Act, 1997 (Act No. 68 of 1997), and, subject to section 25 of that Act, includes the green, bar-coded identity document contemplated in that section;[definition of “identity document” substituted by section 1(b) of Act 1 of 2016]“local representative”, in relation to the Commission, means a local representa­tive of the Commission appointed in terms of section 12;“MEC” means the member of an Executive Council of a province responsible for local government in the province;“Minister” means the Minister for Provincial and Local Government;“municipal council” or “council” means a municipal council referred to in section 18 of the Municipal Structures Act;“municipality”—(a)as a corporate entity, means a municipality established in terms of Chapter 2 of the Municipal Structures Act; and(b)as a geographical area, means an area determined in terms of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998);“Municipal Structures Act” means the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);“officer” means—(a)a local representative of the Commission;(b)a presiding officer;(c)a voting officer;(d)a counting officer;(e)a counter; or(f)any other person appointed in terms of section 35;“party” or “registered party” means a party registered in terms of Chapter 4 of the Electoral Commission Act;“party candidate” means a person whose name appears on a party list;“party list” means a list of candidates proposed by a party for the purposes of the election of members of a municipal council to proportionally represent parties in the council either in relation to the municipality or in relation to a district management area;“political office”, in relation to a 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;“prescribe” means prescribe by regulation in terms of section 89 and “pre­scribed” has a corresponding meaning;“presiding officer” means a person appointed as a presiding officer in terms of section 27;“security services” means the security services of the Republic referred to in section 199(1) of the Constitution;“serve” means—(a)to send by post, telegram, telex, telefax or e-mail; or(b)to deliver by hand;“this Act” includes a Code and any regulations made in terms of section 89;“timetable”, in relation to an election, means a timetable for an election published by the Commission in terms of section 11;“voter” means a person whose name appears on the voters’ roll;“voters’ roll” means the national common voters’ roll compiled and maintained in terms of the Electoral Act;“voting day” means the day on which voting in an election takes or is to take place;“voting district” means a voting district established in terms of section 60 of the Electoral Act;“voting officer” means a person appointed as a voting officer in terms of section 29;“voting station” means a voting station established in terms of section 19;“ward” means a ward mentioned in item 2 of Schedule 1 to the Municipal Structures Act;“ward candidate” means a candidate nominated in terms of section 16 to contest an election in a ward, either as a candidate representing a party or as an independent candidate.

2. Interpretation of this Act

Any person interpreting or applying this Act must—
(a)do so in a manner that gives effect to the constitutional declarations, guarantees and responsibilities contained in the Constitution; and
(b)take into account any applicable Code.

3. This Act to regulate municipal elections

(1)This Act applies to all municipal elections held after the date determined in terms of section 93(3) of the Municipal Structures Act.
(2)The Electoral Act and the regulations made in terms of that Act apply to municipal elections only to the extent as stated in this Act.

4. Administration of this Act

(1)This Act is administered by the Commission.
(2)The Commission must administer this Act in a manner conducive to free and fair elections.

Chapter 2
Voters’ roll and election date

5. National common voters’ roll to apply to municipal elections

(1)The national common voters’ roll compiled and maintained in terms of the Electoral Act must be used for municipal elections.
(2)A municipality's segment of the voters’ roll consists of the segments of the voters’ roll for the voting districts falling within the municipality.

6. Segments of voters’ roll to be used in election

(1)A municipality’s segment of the voters’ roll to be used in that election is the one certified by the chief electoral officer for that election in terms of subsection (2).[subsection (1) substituted by section 18(a) of Act 1 of 2019]
(1A)Except where this Act otherwise permits, only a voter who applied for registration prior to the proclamation of an election date may vote in the election concerned.[subsection (1A) inserted by section 18(b) of Act 1 of 2019]
(2)By not later than a date stated in the timetable for an election, the chief electoral officer must—
(a)certify the segments of the voters’ roll for the voting districts to be used in the election; and
(b)make such segments available for inspection at—
(i)the Commission’s head office;
(ii)the office of the Commission’s provincial representative in the province in which the election will take place; and
(iii)the office of the Commission’s local representative in the municipality in which the election will take place.

7. Who may vote

(1)A person may vote in an election only if registered as a voter on the certified segment of the voters’ roll for a voting district which falls within the municipality.
(2)A person whose name does not appear on the certified segment of the voters’ roll for a voting district and who claims to have applied for registration as a voter in that voting district before or on the date of publication of the notice in terms of which the election was called, may submit to the Commission, at the address of the Commission’s local representative, or to the presiding officer of the voting station for that voting district—
(a)a sworn or solemnly affirmed statement on a prescribed form containing the following particulars:
(i)The full name, identity number and date of birth of that person;
(ii)that person’s finger print;
(iii)the address where that person ordinarily resides;
(iv)a declaration that the address is situated within the area of that voting district;
(v)a declaration that that person applied for registration as a voter in that voting district before or on the date of publication of the notice; and
(vi)a request that that person’s name should be included in the certified segment of the voters’ roll for that voting district; and
(b)proof that that person applied for registration as a voter in that voting district before or on the date of publication of the notice.
(3)If the Commission or the presiding officer, as the case may be, has no reason to doubt the correctness of the contents of the statement—
(a)the Commission or the presiding officer must make an endorsement to that effect on the statement; and
(b)that person must be regarded as having been registered as a voter on the certified segment of the voters’ roll for the voting district referred to in subsection (2)(a)(iv).

8. Postponement of elections

(1)The Commission may request the Minister or, in the case of a by-election, the MEC, to postpone the voting day determined for an election if the Commission is satisfied that it is not reasonably possible to conduct a free and fair election on that day.
(2)On receipt of such a request, the Minister by notice in the Government Gazette, or the MEC by notice in the Provincial Gazette, must postpone the voting day for the election to a day determined in the notice, but that day must fall within a period of 90 days of the applicable date mentioned in section 24(2) or 25(3) of the Municipal Structures Act.

9. Postponement of voting at voting station

(1)If the Commission is satisfied that it is not reasonably possible to conduct a free and fair election at a voting station on the voting day, the Commission may, before voting commences at the voting station, postpone voting at that voting station to a day determined by the Commission, but that day must fall within a period of 90 days of the applicable date mentioned in section 24(2) or 25(3) of the Municipal Structures Act.
(2)If the Commission postpones voting at a voting station, it must—
(a)make its decision known in any appropriate way that will ensure sufficient publicity of the postponement and the date determined for voting at that voting station; and
(b)if reasonably possible, prominently display a notice at the voting station for the duration of the original voting day stating that voting has been postponed.

10. Revote at voting station

(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, the Commission may allow a revote at that voting station on a day determined by the Commission, but that day must fall within a period of 90 days of the applicable date mentioned in section 24(2) or 25(3) of the Municipal Structures Act.
(2)If the Commission allows a revote at a voting station, it must make its decision known in any appropriate way that will ensure sufficient publicity of the date determined for the revote at that voting station.
(3)A revote at a voting station must be conducted in accordance with the same procedures that applied on the voting day.

Chapter 3
Preparation for election

Part 1 – Election timetable and appointment of local representatives

11. Election timetable

(1)When an election has been called, the Commission must—
(a)compile a timetable for the election in accordance with Schedule 3; and[paragraph (a) substituted by section 1(a) of Act 14 of 2010]
(b)publish the election timetable in the Government Gazette, or, in the case of a by-election, in the Provincial Gazette of the province concerned.
(1A)The election timetable may include any other matter authorised in terms of this Act.[subsection (1A) inserted by section 19 of Act 1 of 2019]
(2)The Commission may, by notice as required in subsection (1)(b), amend the election timetable if—
(a)it considers it necessary for a free and fair election; or
(b)the voting day is postponed.
(3)Any act required to be performed in terms of this Act must be performed by no later than a date and time stated in the election timetable.[subsection (3) added by section 1(b) of Act 14 of 2010]

12. Appointment of local representatives

(1)When an election has-been called, the Commission must appoint, for the area of the municipality in which the election will be held, an employee or other person as its representative for the purpose of the election.
(2)A local representative of the Commission—
(a)may exercise the powers and must perform the duties conferred on or assigned to a local representative by or under this Act;
(b)performs those functions of office subject to the directions, control and disciplinary authority of the chief electoral officer; and
(c)holds office subject to section 37.

Part 2 – Parties contesting election and submission of party lists

13. Parties contesting elections

(1)Only registered parties may contest an election, and may contest the election either by—
(a)submitting a party list containing the names of candidates to stand as its representatives for the election of members of the council to proportionally represent parties in the council;
(b)nominating a ward candidate to stand as a representative of the party in a ward; or
(c)doing both.
(2)A party intending to contest an election in terms of—
(a)subsection (1)(a), must comply with the requirements for the nomination of party candidates as set out in this Part;
(b)subsection (1)(b), must comply with the requirements for the nomination of ward candidates as set out in Part 3; and
(c)subsection (1)(c), must comply with the requirements for the nomination of both party and ward candidates as set out in this Part and Part 3.

14. Requirements for parties contesting election by way of party lists

(1)A party may contest an election in terms of section 13(1)(a) or (c) only if the party by not later than a date stated in the timetable for the election has submitted to the Commission—
(a)in the prescribed format and signed by the party's duly authorised representative—
(i)[subparagraph (i) deleted by section 2(b) of Act 1 of 2016]
(ii)a party list;
(iii)an undertaking binding the party, its candidates, persons holding political or executive office in the party, its representatives, members and supporters, to the Code; and
(iv)a declaration that none of the candidates on the party list is disqualified from standing for election in terms of the Constitution or any applicable legislation and that each of those candidates has signed the prescribed acceptance of nomination; and[Please note: section 18(a) of Act 4 of 2021 purports to substitute subparagraph (iv), although no changes have been made to the subparagraph.]
[paragraph (a) substituted by section 2(a) of Act 14 of 2010]
(b)a deposit equal to a prescribed amount, if any, payable in the prescribed manner and form.[paragraph (b) substituted by section 2(c) of Act 1 of 2016]
[subsection (1) amended by section 2(a) of Act 1 of 2016]
(1A)A party must submit the documents referred to in subsection (1)—
(a)by hand to the office of the Commission’s local representatives; or
(b)electronically to the chief electoral officer in the prescribed manner.
[subsection (1A) inserted by section 1(d) of Act 1 of 2016]
(2)[subsection (2) deleted by section 18(b) of Act 4 of 2021]
(3)The Commission may, in the prescribed form and manner, request the following information from a party:
(a)A prescribed acceptance of nomination signed by each party candidate; and
(b)a copy of the identity card or that page of the candidate’s identity document on which the candidate’s photo, name and identity number appear.
[subsection (3) amended by section 2(b) of Act 14 of 2010 and substituted by section 18(c) of Act 4 of 2021]
(4)[subsection (4) substituted by section 2(c) of Act 14 of 2010, amended by section 2(e) of Act 1 of 2016 and deleted by section 18(d) of Act 4 of 2021]
(4A)If a candidate appears on more than one party list for an election—
(a)the chief electoral officer must, in writing, notify the candidate and all the parties on whose party lists such a candidate appears by no later than the relevant date and time stated in the election timetable; and
(b)each of the parties to whom notice has been given in terms of paragraph (a) may, by no later than the relevant date and time stated in the election timetable, substitute such a candidate and re-order the names on its party list as a result of that substitution.
[subsection (4A) inserted by section 2(f) of Act 1 of 2016]
(5)The Commission must remove from a party list the name of a candidate—
(a)in respect of whom any outstanding document has not been submitted by the date and time referred to in subsection (4); and
(b)who is not registered as a voter on that municipality's segment of the voters' roll.
[subsection (5) substituted by section 2(d) of Act 14 of 2010]
(6)The Commission must notify the party of the removal of the name of the candidate contemplated in subsection (5).[subsection (6) added by section 2(e) of Act 14 of 2010]

14A. Central payments of deposits

(1)A party contesting elections under section 14 in more than one municipality on the same day may also pay the required deposits to the Commission at the Commission's national office at the prescribed address.
(2)Payments must be made before the cut-off time for the submission of party lists and the party must submit to the Commission, before such cut-off time, a notice in the prescribed form specifying the details of each municipality to which the deposits apply.[subsection (2) substituted by section 3 of Act 1 of 2016]
[section 14A inserted by section 3 of Act 14 of 2010]

15. Last of parties contesting election by way of party lists and certification of party lists

(1)By not later than a date stated in the timetable for an election the Commission must—
(a)compile a list of the parties contesting the election in terms of section 13(1)(a) or (e);
(b)certify the party lists for that election; and
(c)keep those lists available at the office of the Commission’s local representa­tive.
(2)At the request of a person and upon payment of a prescribed amount, the Commission must furnish that person with a certified copy of a list mentioned in subsection (1).
(3)By not later than a date stated in the election timetable, the Commission must issue to each person whose name appears on a party list of a party contesting the election, a prescribed certificate.

Part 3 – Ward candidates

16. Nomination of ward candidates

(1)A person may be nominated to contest an election in a ward by—
(a)a registered party; or
(b)a person who is—
(i)ordinarily resident in the municipality in which that ward falls; and
(ii)registered as a voter on that municipality’s segment of the voters’ roll.
(2)Provided the other provisions of this Act are complied with, a person nominated in terms of—
(a)subsection (1)(a) stands in the ward as a ward candidate representing the nominating party; and
(b)subsection (1)(b) stands in the ward as an independent ward candidate.

17. Requirements for ward candidates to contest election

(1)A person may contest an election as a ward candidate only if that person is nominated on a prescribed form and that form is submitted to the Commission by not later than a date stated in the timetable for the election.[subsection (1) substituted by section 4(a) of Act 1 of 2016]
(1A)The prescribed nomination form must be submitted—
(a)by hand to the office of the Commission’s local representatives; or
(b)electronically to the chief electoral officer in the prescribed manner.
[subsection (1A) inserted by section 4(b) of Act 1 of 2016]
(2)The following must be attached to a nomination when it is submitted:
(a)In the case of an independent ward candidate, a prescribed form with the signatures of at least 50 voters whose names appear on the municipality's segment of the voters' roll for any voting district in the contested ward;
(b)[paragraph (b) deleted by section 19(a) of Act 4 of 2021]
(c)[paragraph (c) deleted by section 19(a) of Act 4 of 2021]
(d)a deposit equal to a prescribed amount, if any, payable in the prescribed form and manner;[paragraph (d) substituted by section 19(b) of Act 4 of 2021]
(e)a prescribed undertaking, signed by the candidate, to be bound by the Code;[paragraph (e) amended by section 4(c) of Act 1 of 2016]
(f)a prescribed declaration signed by the candidate, that he or she is not disqualified from standing for election in terms of the Constitution of any applicable legislation; and[paragraph (f) amended by section 4(c) of Act 1 of 2016]
(g)in the case of an independent ward candidate, a recent photograph of the candidate in such form as may be prescribed.[paragraph (g) added by section 4(c) of Act 1 of 2016]
[subsection (2) substituted by section 4(a) of Act 14 of 2010]
(2A)The Commission may in the form and manner as may be prescribed request from the Party or person—
(a)an acceptance of nomination signed by the candidate; and
(b)a copy of the identity card or that page of the candidate's identity document on which the candidate's photo, name and identity number appear.
[subsection (2A) inserted by section 4(b) of Act 14 of 2010 and substituted by section 19(c) of Act 4 of 2021]
(2B)If a ward candidate has been nominated by more than one party or person for an election—
(a)the chief electoral officer must, in writing, notify the candidate and such parties or persons who have nominated such a candidate by no later than the relevant date and time stated in the election timetable; and
(b)each of the parties or persons to whom notice has been given in terms of paragraph (a) may, by no later than the relevant date and time stated in the election timetable, substitute such a candidate.
[subsection (2B) inserted by section 4(d) of Act 1 of 2016]
(3)The Commission must accept a nomination submitted to it and allow the nominated person to stand as a candidate in the ward if—
(a)the provisions of section 16 and this section have been complied with; and
(b)the candidate is registered as a voter on that municipality's segment of the voters' roll.
[subsection (3) substituted by section 4(c) of Act 14 of 2010]

17A. Central payments of deposits

(1)A party contesting elections under section 14 in more than one municipality on the same day may also pay the required deposits to the Commission at the Commission's national office at the prescribed address.
(2)Payments must he made by bank guaranteed cheque before the cut-off time for the submission of party lists and every cheque must be accompanied by a notice in the prescribed form specifying the details of each municipality to which the deposits apply.
[section 17A inserted by section 4 of Act 14 of 2010]

18. List of ward candidates to contest ward election

(1)By not later than a date stated in the timetable for an election, the Commission must—
(b)compile for each ward to be contested in the election a list of the candidates contesting that ward;
(b)certify those lists for that election;
(c)keep copies of those lists available at the office of the Commission’s local representative; and
(d)issue to each such candidate a prescribed certificate.
(2)At the request of a person and upon payment of a prescribed amount, the Commission must furnish such person with a certified copy of a list mentioned in subsection (1)(a).

Part 4 – Voting stations

19. Establishment of voting stations

(1)Subject to subsection (3), the Commission must establish for an election a voting station, or a voting station and a mobile voting station, or only a mobile voting station, in each voting district in which the election will be held.
(2)The Commission may establish a mobile voting station, or a mobile voting station in addition to a voting station, only if—
(a)the voting district is a large and sparsely populated area; and
(b)the Commission considers it necessary to assist voters who would otherwise have to travel long distances to reach the voting station.
(3)When determining the location of a voting station, the Commission may take into account—
(a)any facts that could affect the free, fair and orderly conduct of the election;
(b)population density; and
(c)the need to avoid congestion at the voting stations.
(4)Before determining the location of a voting station, the Commission may consult with parties and candidates contesting the election.
(5)By not later than a date stated in the timetable for the election, the Commission must give notice that copies of a list of voting stations and their addresses will be available for inspection at the office of the Commission’s local representative in the municipality where the election is to be held.
(6)Upon application of a person at the office of the Commission’s local representative and upon payment of the prescribed amount, the Commission must furnish such a person with a certified copy of the list.

20. Relocation of voting stations

(1)The Commission may relocate a voting station if the Commission considers it necessary to ensure a free and fair election.
(2)The Commission must make such relocation known in a manner that ensures sufficient publicity among voters in the voting district concerned.

21. Boundaries of voting stations

(1)The presiding officer of a voting station must, before the voting station opens for voting on voting day, and after consultation with party agents and members of the security services who are available at that voting station at that stage, determine the boundary of the voting station.
(2)The presiding officer must demarcate the boundary of the voting station by displaying visible signs, markers or tape along the whole line of the boundary, or at sufficient points along that line, to ensure that the boundary is clearly identified by any person present at that voting station.
(3)The presiding officer may, after consultation with the party agents and members of the security services who are present, at any time re-determine and re-demarcate the boundary of a voting station if it is necessary to do so in order to ensure proper control and security at that voting station.[subsection (3) added by section 5 of Act 14 of 2010]

22. Mobile voting stations

(1)If the Commission decides to use a mobile voting station in a voting district in addition to, or instead of, the voting station established for that voting district, it must, by not later than a date stated in the election timetable, give notice of the route, including the locations and estimated times of stopping, of the mobile voting station.
(2)The notice must be made known in a manner that ensures sufficient publicity of the information referred to in subsection (1) among voters in the voting district concerned.

Part 5 – Voting materials

23. Ballot papers

The Commission must determine the design of the ballot paper or ballot papers to be used in an election.

24. Ballot boxes

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

25. Voting compartments

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

26. Voting materials

(1)Before a voting station opens for voting, the Commission must supply the presiding officer responsible for that voting station with all the voting materials necessary for the election at that voting station, including—
(a)ballot papers;
(b)ballot boxes;
(c)voting compartments;
(d)the certified segment of the voters’ roll for the voting district; and
(e)a receipt to be signed by the presiding officer detailing the voting materials entrusted to the presiding officer.
(2)A presiding officer is responsible for the safe-keeping of all the voting materials supplied to that officer.

Part 6 – Officers, additional persons, institutions and agents

27. Appointment of presiding officers

As soon as practicable after an election has been called, the Commission must appoint a presiding officer and a deputy presiding officer for each voting station at which the election is to be conducted.

28. Powers and duties of presiding officers

(1)The presiding officer—
(a)must manage, co-ordinate and supervise the voting at the voting station concerned;
(b)must take all reasonable steps to ensure orderly conduct at that voting station;
(c)may order a member of the security services to assist in ensuring orderly conduct at the voting station;
(d)may exclude from the area within the boundary of a voting station any person other than—
(i)a member, employee or officer of the Commission, or the chief electoral officer;
(ii)an agent who is entitled to be present at a voting station;
(iii)a ward candidate;
(iv)the number of party candidates referred to in subsection (2) as the presiding officer may allow;
(v)a person appointed by an accredited observer;
(vi)a voter present for the purpose of casting a vote; and
(vii)any other person or category of persons authorised by the Commission to be present at the voting station; and
(e)may exercise the other powers and must perform the other duties conferred on or assigned to a presiding officer by or under this Act;
(2)The number of party candidates to be allowed in a voting station is that which the presiding officer can comfortably accommodate within the voting station at any specific time having due regard to the demands of a free and fair election.
(3)
(a)Despite subsection (1)(d) the presiding officer may order any person mentioned in subsection (1)(d) (ii) to (v) 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)On request by a person ordered under paragraph (a) to leave the area of a voting station, the presiding officer must give that person the reasons for the order.
(4)If a person refuses to comply with an order under subsection (3)(a), the presiding officer may order a member of the security services to forcibly remove that person.
(5)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 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.

29. Appointment of voting officers

As soon as practicable after an election has been called, the Commission must appoint for each voting station as many voting officers as are necessary.

30. Powers and duties of voting officers

A voting officer—
(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 conferred on or assigned to a voting officer by or under this Act.

31. Appointment of counting officers

(1)As soon as practicable after an election has been called, 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 Commission may appoint the presiding officer, deputy presiding officer or a voting officer for a voting station as the counting officer or deputy counting officer for that voting station or other venue.

32. Powers and duties of counting officers

(1)The counting officer must manage, co-ordinate and supervise the counting of the votes cast at the voting station concerned.
(2)Section 28(1)(b) to (e), (2), (3) and (4), adjusted as contextually may be necessary, applies in respect of a counting officer.
(3)The deputy counting officer for a voting station or other venue must act as the counting 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.

33. Appointment of counters

(1)As soon as practicable after an election has been called, the Commission must appoint as many persons as counters as may be necessary for each voting station or venue at which the counting of votes is to be conducted.
(2)The Commission may appoint the deputy presiding officer or a voting officer for a voting station as a counter at that voting station or at a venue.

34. Powers and duties of counters

A counter—
(a)must assist a counting officer in the counting of votes; and
(b)may exercise the powers and must perform the duties conferred on or assigned to a counter by or under this Act.

35. Appointment of additional persons

(1)The Commission may appoint 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 in terms of subsection (1) may be—
(a)a natural person; or
(b)an institution, including a juristic person or an organ of State.

36. Powers and duties of additional persons

A person appointed in terms of section 35 may exercise any power and must perform any duty conferred on or assigned to such a person by or under this Act.

37. General provisions concerning appointment of officers

(1)A person may not be appointed as an officer in an election, or remain in that office, if that person—
(a)is a party or ward candidate contesting the election;
(b)is an agent in the election; or
(c)holds political or executive office in a party.
(2)
(a)An officer exercises the powers and performs the duties conferred on or assigned to that officer subject to the directions, control and disciplinary authority of the chief electoral officer.
(b)The chief electoral officer must determine in writing the terms and conditions of appointment of an officer, including remuneration payable to that officer, if any.
(3)The delegation or assignment of a power or duty to an officer does not prevent the Commission or the chief electoral officer from exercising that power or performing that duty.
(4)A person may be appointed as an officer only if that person has signed a prescribed declaration of secrecy.
(5)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 party or candidate contesting an election, or any of the issues in contention between parties or candidates.
(7)An officer may not place in jeopardy that officer’s independence, or harm the credibility, impartiality, independence or integrity of the Commission, by any membership, association, statement or conduct.
(8)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;
(c)bias;
(d)a contravention of this section;
(e)a contravention of the declaration of secrecy; or
(f)any other consideration related to free and fair elections.
(9)An officer may resign from office by giving one calendar month’s notice in writing to the chief electoral officer.
(10)The Commission 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.

38. General provisions concerning appointment of institutions

(1)In this section, unless the context otherwise indicates, “institution” means an institution appointed by the Commission.
(2)
(a)An institution and its employees—
(i)exercise the powers and perform the duties delegated or assigned to the institution; and
(ii)must perform those functions of office subject to the directions, control and disciplinary authority of the chief 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;
(ii)the powers and duties delegated or assigned to that institution; and
(iii)the remuneration payable to that institution.
(3)The delegation of a power or assignment of a duty to an institution does not prevent the Commission or the chief electoral officer from exercising that power or performing that duty.
(4)An institution must ensure that an employee of an institution which exercises a power or performs a duty in terms of this Act is not—
(a)a party or ward candidate contesting the election;
(b)an agent in the election; or
(c)holding a political or executive office in a registered party.
(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 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 party or candidate contesting the election, or any of the issues in contention between parties or candidates.
(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 independence, or harm the credibility, impartiality, independence or integrity of the Commission, by any membership, association, statement or conduct.
(9)The chief electoral officer may revoke the appointment of an institution on account of that institution’s—
(a)incapacity or incompetence;
(b)bias; or
(c)failure to adequately discipline and control its employees exercising a power or performing a duty in terms of this Act.
(10)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—
(a)misconduct, incompetence or incapacity;
(b)absence from duty without leave of the chief electoral officer;
(c)bias;
(d)contravention of this section;
(e)contravention of the declaration of secrecy; or
(f)conduct which is in any other way not conducive to free and fair elections.
(11)An institution may terminate its appointment by giving two calendar months’ notice in writing to the chief electoral officer.

39. Appointment of agents

(1)A party contesting an election may appoint a number of agents for the election equal to—
(a)two agents per voting station or, if voting at the voting station takes place in more than one room or separately enclosed area, two agents in respect of each area or room; and[paragraph (a) substituted by section 6(a) of Act 14 of 2010]
(b)four agents per venue where the counting procedure is performed at a venue other than the voting station.
(2)An independent ward candidate may appoint a number of agents for the election equal to—
(a)one agent per voting station in the ward or, if voting at the voting station takes place in more than one room or separately enclosed area, one agent in respect of each area or room; and[paragraph (a) substituted by section 6(b) of Act 14 of 2010]
(b)two agents per venue where the counting procedure is performed at a venue other than the voting station.
(3)An agent—
(a)must be a South African citizen; and
(b)may not be a party or ward candidate in the election.
(4)A party or independent ward candidate—
(a)appoints a person as an agent by—
(i)issuing to that person the prescribed written proof of appointment; and
(ii)giving notice of the appointment to the presiding officer or counting officer in the prescribed manner; and
(b)revokes the appointment of an agent by—
(i)serving on that person the prescribed revocation of appointment; and
(ii)giving notice of the revocation of the appointment to the presiding officer or counting officer in the prescribed manner.

40. Powers and duties of agents and candidates within voting station

(1)An agent and a party or ward candidate must wear a prescribed identification tag at a voting station or counting venue.
(2)No party, agent or candidate may within the boundary of a voting station—
(a)display or distribute any billboard, poster, placard or pamphlet;
(b)wear, carry or display any clothing, headwear, footwear or other apparel in such a manner that any writing, picture or sign thereon relating to any party or candidate, other than the prescribed identification tag, is visible;
(c)attempt to induce, influence or persuade a person to vote for or not to vote for a particular party or candidate; or
(d)attempt to induce, influence or persuade a person not to vote.
(3)An agent or candidate may—
(a)observe proceedings concerning voting, counting and the determination and declaration of results;
(b)not interfere with the proceedings;
(c)lodge objections with or bring any alleged irregularities to the attention of the presiding officer or counting officer.
(4)The absence of an agent or candidate from a place where any such proceedings are being conducted does not invalidate those proceedings.
(5)Whilst present at any voting station, or other venue where, the proceedings referred to in subsection (3) take place, an agent or candidate must comply with any order issued by an officer or a member of the security services acting on the instructions of an officer.

Chapter 4
Observers and voter education providers

41. Accreditation of observers

(1)Any organisation may apply to the Commission in accordance with the prescribed procedure 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 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 party or candidate contesting that election;
(ii)be competent and professional in observing that election; and
(iii)subscribe to the Code of Conduct for Accredited Observers governing accredited observers.
(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 accredited observers;
(ii)issue a certificate of accreditation to the applicant stating the 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 an accredited observer fails to comply to a material extent with the conditions of the accreditation, the Commission may cancel that accreditation.
(6)Any person may inspect the register and copies of the certificates of accredited observers kept at the Commission’s head office.
(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 amount.

42. Powers and duties of accredited observers

(1)A person appointed by an accredited observer may, in relation to the election for which that observer is accredited, observe the election and be present at any proceedings concerning voting, the counting of votes, and the determination and declaration of the election results.
(2)Whilst observing an election, a person appointed by an accredited observer must wear a prescribed identification tag.
(3)A person appointed by an accredited observer must comply with any order of an officer or a member of the security services acting on the instructions of an officer.

43. Accreditation of persons providing voter education

(1)Any natural or juristic person may apply to the Commission in the prescribed manner to provide voter education.
(2)The Commission may require further information in support of an application.
(3)The Commission may accredit an applicant to provide voter education 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;
(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 party or candidate that is or may be contesting elections;
(ii)be competent to do so; and
(iii)subscribe to tire Code of Conduct for Accredited Voter Education Providers 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 38(4), (6) and (7), adjusted as contextually may be necessary, applies to the accreditation of persons providing voter education.

Chapter 5
Voting

44. Officers at voting stations

On voting day, each voting station must be staffed by—
(a)the presiding officer and deputy presiding officer appointed for that voting station; and
(b)the voting officers appointed for that voting station.

45. Hours of voting

(1)Unless the Commission determines other voting hours for an election in general or for a particular voting station, a voting station must—
(a)open for voting at 07:00; and
(b)remain open for voting until 21:00.
(2)If the Commission determines other voting hours for an election in general or for a particular voting station, it must make the voting hours known in a way that ensures sufficient publicity of those hours.
(3)No person may be admitted to a voting station for the purpose of voting after the voting station has closed for voting.
(4)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 before the closing time.
(5)To ensure a free and fair election, the Commission may, on the voting day—
(a)temporarily close a voting station for part of the day if it is temporarily impossible to conduct a free and fair election at that voting station; or
(b)extend voting hours at a voting station until as late as midnight on that day.

46. Initial procedures

(1)Immediately before opening a voting station for voting, the presiding officer must show all agents and candidates present that each ballot box to be used at that voting station is empty.
(2)Immediately after all agents and candidates present at the voting station have assured themselves that a ballot box is empty, the presiding officer must seal that box by means of a seal designed and supplied to the presiding officer for that purpose.
(3)The closing and securing of a ballot box must be done by closing all openings, except for the opening through which the ballot papers must be deposited into the ballot box, and securing the openings tightly enough by means of a seal supplied to the presiding officer for that purpose, so that ballot papers cannot be inserted into or removed from the ballot box though those openings.

47. Voting procedure

(1)A voter may vote—
(a)in an election only at the voting station in the voting district in which that voter is registered; and
(b)only once in the election, but, when voting, may cast a vote in each ballot conducted at that voting station.
(2)A voter may 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 on the certified segment of the voters’ roll for the voting district for which that voting station is established.
(3)When a voter produces an identity document to a presiding officer or voting officer, that 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 appears on the certified segment of the voters’ roll for the voting district concerned; and
(c)that voter has not already voted in the election.
(4)For the purposes of subsection 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 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 as described in section 50;
(c)mark the back of the ballot paper or papers to which the voter is entitled with the official stamp for the election; and
(d)hand the ballot paper or papers to the voter.
(6)Once the voter has received a ballot paper or papers marked in terms of subsection (5)(c), the voter must—
(a)enter an empty voting compartment;
(b)mark the ballot paper or papers in secrecy in a way that indicates the party or candidate the voter wishes to vote for;
(c)fold the ballot paper or papers to conceal the voter's vote;
(d)take the ballot paper or papers to a ballot box and show it to the presiding officer or a voting officer in a way that that officer can see the official stamp affixed in terms of subsection (5)(c);
(e)place the ballot paper or papers in the ballot box; and
(f)without delay leave the voting station.
(7)The Commission may prescribe a different voting procedure, which must accord with the provisions of this section, for those voters whose names appear on the voters’ roll, without addresses: Provided that if such voter’s place of ordinary residence is located outside the relevant—
(a)ward on whose segment of the voters’ roll that voter’s name appears, the voter concerned may not vote in the ward election contemplated in section 22(1)(b) of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);
(b)local or metropolitan municipality on whose segment of the voters’ roll that voter’s name appears, the voter concerned may not vote in the election contemplated in section 22(1)(a) or the ward election contemplated in section 22(1)(b) of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);
(c)district municipality on whose segment of the voters’ roll that voter’s name appears, the voter concerned may not vote in the election for members of the district council contemplated in section 23(1)(a) of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998).
[subsection (7) added by section 20 of Act 4 of 2021]

48. Assistance to certain voters

(1)A person, other than the presiding officer or a voting officer, may assist a voter in voting, but only if—
(a)the voter requires assistance due to physical disability, including blindness or other visual impairment;[paragraph (a) substituted by section 7(a) of Act 14 of 2010]
(b)the voter has requested to be assisted by that person; and
(c)the presiding officer is satisfied that the person rendering assistance is—
(i)at least 18 years old; and
(ii)not an agent or a candidate.
(2)The presiding officer or a voting officer, at the request of a voter referred to in subsection (1) or a voter who is unable to read, must assist that voter in voting and provide such assistance in the presence of—
(a)a person appointed by an accredited observer, if available; and
(b)two agents appointed by different parties or candidates, if available.
[subsection (2) amended by section 7(b) of Act 14 of 2010]
(3)In applying this section, the secrecy off voting contemplated in section 47(6)(b) must be preserved as far as possible.

49. Issue of new ballot papers

(1)If a voter—
(a)marks a ballot paper in a way that does not indicate for whom the voter wishes to vote; or
(b)after having marked the ballot paper, changes his or her mind as to how he or she wishes to vote,
and the ballot paper has not yet been placed in the ballot box, the voter may return that ballot paper to the presiding officer or a voting officer.[subsection (1) substituted by section 5(a) of Act 1 of 2016]
(2)Upon receiving the ballot paper from a voter, the presiding officer or voting officer must mark “cancelled” on the back of the ballot paper and file it separately.
(3)The presiding officer or voting officer must then hand the voter a new ballot paper.
(4)The Commission must prescribe the number of times a new ballot paper may be issued in terms of subsection (3), with due regard to section 19 of the Constitution.[subsection (4) added by section 5(b) of Act 1 of 2016]

50. Marking of hand

(1)The hand of a voter must be marked by drawing a short line on the voter’s left thumb and left thumb nail with visible indelible ink.
(2)If the voter does not have a left thumb or thumb nail or if it is impractical due to injury, disease or any other cause to mark the left thumb and left thumb nail, any one of the left hand fingers and nails must be so marked and, if for similar reasons a left hand finger and nail cannot be marked, a finger and nail of the right hand must be so marked.
(3)If for any of the reasons referred to in subsection (3), no finger and nail of a voter can be marked, the presiding officer must record the voter’s name, address, identity number and the reasons why the voter’s hand could not be marked, on a list kept for that purpose.

51. Objections concerning voting

(1)Subject to subsection (1A), at any time before a voter has been handed a ballot paper, an agent or ward candidate may object to that voter being allowed to vote or to vote at the voting station concerned.[subsection (1) substituted by section 20(a) of Act 1 of 2019]
(1A)Where a voter’s name appears on the relevant segment of the voters’ roll concerned, an objection to that voter in terms of subsection (1) may only be made where—
(a)it is based on the contention that the voter was included on the relevant segment of the voters’ roll due to fraud; or
(b)exceptional circumstances exist which justify the objection being made outside the period referred to in terms of section 11(3).
[subsection (1A) inserted by section 20(b) of Act 1 of 2019]
(2)An agent or ward candidate, or the voter concerned, may object if the voter is refused a ballot paper.
(3)An agent or ward candidate, or a voter, may object to any conduct, other than that mentioned in subsection (1), (1A) or (2), of an officer, an agent, or any other person present at a voting station.[subsection (3) substituted by section 20(c) of Act 1 of 2019]
(4)An objection in terms of subsection (1), (1A), (2) or (3) must be made in writing on a prescribed form and handed to the presiding officer concerned.[subsection (4) substituted by section 20(c) of Act 1 of 2019]
(5)The presiding officer must, except for an objection raised in terms of subsection (1A), summarily investigate the factual circumstances underlying the objection, and may for that purpose also direct verbal enquiries to anyone that may be able to assist.[subsection (5) substituted by section 20(c) of Act 1 of 2019]
(6)After having investigated the objection, other than an objection in terms of subsection (1A), the presiding officer must—
(a)decide the objection;
(b)record the decision on the written objection; and
(c)verbally inform the objector and any other parties involved in the objection of the decision.
[subsection (6) amended by section 20(d) of Act 1 of 2019]
(6A)Where an objection is raised in terms of subsection (1A)—
(a)the presiding officer must, in the prescribed manner, allow the voter concerned to vote but deal with the vote as if it were a special vote in terms of section 55; and
(b)the matter must be decided by the Commission as soon as it is reasonably practical before declaring the results.
[subsection (6A) inserted by section 20(e) of Act 1 of 2019]
(7)The presiding officer must keep a written record of each objection and decision taken in terms of this section.

52. Sealing of ballot boxes

(1)The presiding officer, in the presence of any agents and candidates present, must—
(a)as soon as a ballot box is full, seal the ballot box by closing the opening of the ballot box through which the ballot papers were put into the ballot box with a seal supplied by the Commission to the presiding officer for that purpose;
(b)after the last vote has been cast, similarly seal the last ballot box and any unused ballot boxes; and
(c)allow the agents present, if they so wish, to affix their seals thereto.
(2)A sealed ballot box must remain—
(a)sealed until opened for the counting of votes; and
(b)in the voting station, within sight of anyone present, until the counting of the votes commences or, if the votes are not to be counted at that voting station, until transported to the counting officer.

53. Completion of ballot paper statement and sealing of voting materials

As soon as practicable after a voting station has been closed for voting, the presiding officer, in the presence of any agents and candidates present, must—
(a)complete a ballot paper statement on a prescribed form reflecting the number of—
(i)ballot boxes entrusted to that presiding officer;
(ii)used ballot boxes;
(iii)unused ballot boxes;
(iv)ballot papers for each ballot entrusted to that presiding officer;
(v)issued ballot papers for each ballot;
(vi)unissued ballot papers for each ballot; and
(vii)cancelled ballot papers in each ballot;
(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 the voting district;
(ii)the unused ballot papers entrusted to that presiding officer;
(iii)the cancelled ballot papers; and
(iv)the written record, as required by section 51(7), of any objections concerning voting; and
(d)allow the agents present, if they so wish, to affix their seals to the items mentioned in paragraphs (b) and (c).

54. Voting procedure for mobile voting stations

(1)If the Commission decides to use only a mobile voting station for the election in any voting district, the voting procedures set out in this Chapter, adjusted as may contextually be necessary, must be applied.
(2)Voting at a mobile voting station at a particular location must continue at that location until every voter has voted who—
(a)is entitled to vote in the voting district; and
(b)had reported for voting at that location of the mobile voting station before the stopping time at that location expired.
(3)If a voting station and a mobile voting station are used in a voting district, the voting and counting procedures set out in this Chapter and Chapter 6 must be applied, adjusted as follows:
(a)The mobile voting station must be managed as if it is an integral part of the voting station;
(b)the voting material necessary for the election at the mobile voting station, including a certified voters’ roll for the voting district concerned, must be supplied to the presiding officer of the voting station as an integral part of that voting station’s material and that presiding officer, in turn, must supply the presiding officer of the mobile voting station with tire necessary voting material and obtain a receipt from that officer;
(c)the presiding officer of the mobile voting station must deliver to the counting officer of the voting station the items mentioned in section 53;
(d)the counting officer of the voting station must open all the ballot boxes used in the voting station and in the mobile voting station, mix the ballot papers from all the boxes and then proceed with the sorting of ballot papers, the counting of the votes and the determination of results of the count for the voting station.

55. Special votes

Any voter who is unable, on voting day, to cast his or her vote at the voting station in the voting district where he or she is registered, may in the prescribed manner apply and be allowed, prior to voting day, to cast a special vote within that voting district.[section 55 substituted by section 8 of Act 14 of 2010]

Chapter 6
Counting

56. Commencement of counting procedures

(1)The counting officer must ensure that the procedures provided for in this Chapter commence as soon as practicable after the voting station is closed for voting and continue uninterrupted until they are completed.
(2)The procedures provided for in this Chapter 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.

57. Place and time of counting of votes

(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 that those votes be counted at another counting venue.
(2)If the votes 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 the presiding officer for that voting station, the presiding officer must deliver to the counting officer the items mentioned in section 53.
(3)If the votes are not to be counted at the voting station at which those votes were cast, the presiding officer must deliver the following items mentioned in section 53 to the counting officer of a counting venue determined by the Commission:
(a)The ballot paper statement;
(b)the sealed, used ballot boxes;
(c)the sealed, unused ballot boxes; and
(d)the sealed containers.

58. Verification procedure

(1)After receipt of the items mentioned in section 57(3), the counting officer must—
(a)examine whether the seals are intact on those items; and
(b)allow any agents or ward candidates present to examine whether the seals are intact.
(2)After examining the seals, the counting officer must open all the sealed ballot boxes and containers and verify the information on the form completed by the presiding officer in terms of section 53(a) by comparing it with—
(a)the number of used ballot boxes received;
(b)the number of unused ballot boxes received;
(c)the number of containers received; and
(d)the contents of those boxes and containers.
(3)The counting officer must deal with any irregularities and discrepancies found when complying with subsection (2) in the following manner;
(a)The counting officer must immediately call for an explanation by the presiding officer who delivered the material;
(b)the counting officer and the presiding officer must together attempt to resolve the irregularities and discrepancies;
(c)the agents and ward candidates present in the counting station must—
(i)be informed immediately about the irregularities and discrepancies;
(ii)as far as possible be present at all discussions between the counting officer and the presiding officer; and
(iii)be invited to contribute to the discussion and the search for solutions;
(d)if any of the material appears to have been unlawfully tampered with or is missing, the counting officer must call in the assistance of a member of the security forces to investigate the matter and to assist in the search for any missing material.
(4)The counting officer must—
(a)keep a written record of—
(i)the nature of each irregularity and discrepancy;
(ii)the manner in which those irregularities and discrepancies were dealt with; and
(iii)the explanations offered by the presiding officer and any of the agents or ward candidates; and
(b)submit a full report on the matters referred to in paragraph (a) to the chief electoral officer as soon as possible.

59. Objections and appeals concerning verification

(1)At any time before the counting of votes commences, an agent or ward candidate may object to any alleged irregularity or inaccuracy in the verification procedure performed by the counting officer.
(2)The objection must be lodged with the counting officer in writing.
(3)Section 51(5) to (7), adjusted as may contextually be necessary, applies to the objection.

60. Counting of votes

(1)The counting officer must open all the used sealed ballot boxes.
(2)The counting of votes must be conducted in accordance with a prescribed procedure.

61. Rejection of ballot papers

(1)The counting officer must reject a ballot paper—
(a)that indicates the identity of the voter;
(b)on which a vote is cast for more than one party or for more than one ward candidate;
(c)that is unmarked;
(d)that is marked in such a way that it is not reasonably possible to determine the voter’s choice;
(e)that does not bear the official mark on the back of the ballot paper; or
(f)that is not an official ballot paper.
(2)The counting officer must—
(a)mark “rejected” on the back of each rejected ballot paper; and
(b)file the rejected ballot papers in each ballot separately.
(3)If a counting officer’s acceptance or rejection of a ballot paper is disputed by an agent or ward candidate, the counting officer must—
(a)mark “disputed” on the back of that ballot paper;
(b)cause to be counted, the accepted ballot papers that are disputed; and
(c)file the rejected ballot papers that are disputed separately.

62. Objections concerning sorting of ballot papers and counting of votes

(1)An agent or ward candidate may object to an alleged irregularity in the sorting of ballot papers or inaccuracy in the counting of the votes.
(2)The objection must be made to the counting officer in writing at any stage before the counting officer has completed the form mentioned in section 63(1).
(3)The counting officer must summarily investigate the factual circumstances relating to the objection, and may for that purpose also direct verbal enquiries to any person that may be able to assist.
(4)The counting officer must—
(a)decide the objection and the question whether to order a recount;
(b)record the decision on the written objection; and
(c)verbally inform the objector and any other parties involved of the decision.
(5)If the counting officer orders a recount, the counting officer must determine and record the result of the count afresh.
(6)The counting officer must keep a written record in the prescribed manner of each objection and each decision in terms of this section.

63. Procedure concerning results and voting materials

(1)The counting officer must complete a prescribed form reflecting the result of the count in respect of each ballot conducted at the voting station.
(2)Once the counting officer has complied with subsection (1), the counting officer must—
(a)forward the result in respect of each ballot conducted at the voting station, to the Commission at the office of the Commission’s local representative for the municipality concerned;
(b)seal in separate containers the ballot paper statement referred to in section 53(a) and each of the items mentioned in section 53(c) and the written record of any objections in terms of section 62(6); and
(c)deliver the sealed containers to the Commission at the office of the Commission’s local representative.

64. Determination and declaration of result of election

(1)On receipt of all the results of the count in respect of all ballots conducted at the voting stations within the municipality or ward, as the case may be, the Commission must—
(a)determine the result of the election in the municipality or ward, as the case may be;
(b)record the result on a prescribed form; and
(c)declare the result in public.
[subsection (1) substituted by section 6 of Act 1 of 2016]
(2)If the Commission is unable to determine and declare the result of an election within the seven-day period required by section 5 of the Electoral Commission Act, the Commission may, within that period, apply to the Electoral Court for an extension of the period and must furnish the Electoral Court with good reason for doing so.
(3)Despite the provisions of any law, the Electoral Court may, on good cause shown, grant or refuse an application referred to in subsection (2).
[section 64 substituted by section 9 of Act 14 of 2010]

65. Objections material to result of election

(1)An interested party may lodge with the Commission an objection material to the result of an objection, concerning—
(a)any aspect of the voting or counting proceedings provided for in Chapter 5 or Chapter 6, respectively; or
(b)alleged unlawful—
(i)interference with or obstruction of election activities or processes in the vicinity of, at or in a voting station; or
(ii)interference with or influencing, intimidation or obstruction of voters or prospective voters in the vicinity of, at or in a voting station.
(2)An objection must be lodged by serving by no later than 17:00 on the second day after voting day, at the Commission's national office at the prescribed address, a written notice containing—
(a)a reference to the election concerned and the relevant section of the Act in terms of which the objection is brought;
(b)the full name and physical address of the objecting party;
(c)the postal address and telephone number where the objecting party can be contacted and, if available, the party's facsimile number and e-mail address;
(d)the interest of the objecting party in the matter;
(e)details of the objection and the aspect of the election concerned;
(f)detailed reasons for the objection;
(g)the relief sought;
(h)a list of supporting documents accompanying the notice of objection; and
(i)proof of service of copies of the notice and annexures on all other interested parties.
(3)The Commission may, on good cause shown, condone a late objection.
(4)In considering and deciding the objection referred to in this section, the Commission may take any one or more, or all, of the following actions:
(a)Investigate the factual basis of the objection or cause it to be investigated;
(b)afford other interested parties an opportunity to make written or verbal submissions;
(c)call for written or verbal submissions from other persons or parties;
(d)call upon the objecting party to submit further information or arguments in writing or verbally; or
(e)conduct a hearing on the objection.
(5)The Commission must consider the objection and either reject or uphold it.
(6)If the Commission decides to uphold the objection before the result of the election had been determined, the Commission may—
(a)decide that the votes cast at a particular voting station do not count in whole or in part;
(b)decide that the votes cast at a particular voting station in favour of a party or candidate must be deducted in whole or in part from the votes cast in favour of that party or candidate in the election; or
(c)reduce the number of votes cast in favour of a party or a candidate.
(7)If the Commission decides to uphold the objection after the result of the election had been declared, the Commission may—
(a)amend the result; or
(b)if it is of the opinion that the seriousness and extent of unlawful conduct or irregularities that occurred may justify the setting aside of the election, refer the objection to the Electoral Court for its decision.
(8)The Commission must immediately notify the objecting party and any other interested parties involved in the objection of its decision in terms of subsection (5).
(9)An objecting party or other party involved in the objection who feels aggrieved by the decision of the Commission may, within seven days of the Commission's decision, lodge an appeal to the Electoral Court in terms of section 20 of the Electoral Commission Act and the Rules of the Electoral Court.
(10)The Electoral Court must—
(a)consider an appeal contemplated in subsection (9) and either—
(i)reject the appeal;
(ii)amend the decision of the Commission;
(iii)set aside the election; or
(iv)make an appropriate order; and
(b)notify the parties to the appeal of its decision.
(11)The Electoral Court—
(a)may, after having considered an objection referred to it by the Commission in terms of subsection (7)(b), either—
(i)reject the objection;
(ii)amend the result of the election;
(iii)set aside the election; or
(iv)make an appropriate order; and
(b)must notify the objecting party of its decision.
(12)The declared result of an election is not suspended by an appeal in terms of subsection (9) or a referral to the Electoral Court in terms of subsection (7)(b).
[section 65 substituted by section 10 of Act 14 of 2010]

Chapter 7
General provisions

Part 1 – Prohibited conduct

66. Contravention of Code

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

67. Undue influence

(1)No person may—
(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 party or candidate;
(iv)to support or not to support any party or candidate; or
(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 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:
(i)any representative of a 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
(vi)any person accredited to provide voter education;
[paragraph (e) amended by section 21(a) of Act 1 of 2019]
(f)unlawfully prevent the holding of any political meeting, march, demonstration or other political event;[paragraph (f) amended by section 21(b) of Act 1 of 2019]
(g)use public funds, except for the funds allocated to a party in terms of section 5 of the Public Funding of Represented Political Parties Act, 1997 (Act No. 103 of 1997), for the purpose of a political campaign.[paragraph (g) added by section 21(c) of Act 1 of 2019]
(2)Subject to this Act, no person may prevent anyone from exercising a right conferred by this Act.
(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 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.

68. Impersonation

No person—
(a)may apply for a ballot paper at a voting station in the name of another person, whether living, dead or fictitious;
(b)who is not entitled to vote in an election or at a voting station, may vote in that election or at that voting station;
(c)may cast more votes than that person is entitled to; or
(d)may impersonate—
(i)any representative of a party or of a candidate;
(ii)any candidate;
(iii)any member, employee or officer of the Commission;
(iv)the chief electoral officer;
(v)any person appointed by an accredited observer; or
(vi)any person accredited to provide voter education.

69. Intentional false statements

(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
(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
(c)influencing the conduct or outcome of an election.

70. Infringement of secrecy

(1)No person may interfere with a voter’s right to secrecy when 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
(b)open any ballot box or container sealed in terms of this Act, or break its seal.

71. Prohibitions concerning voting and election materials

(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;
(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; or
(b)the removal or destruction of any voting or election material.

72. Prohibitions concerning placards and billboards during election

(1)No person may deface or unlawfully remove any billboard, placard or poster published by a party or candidate for the purpose of an election.
(2)On the voting day, no party or candidate or supporter of a party or candidate may within the boundaries of a voting station put up, display or distribute any billboard, placard, pamphlet or poster or any other item intended to affect the outcome of the election.

73. Obstruction of, or non-compliance with, directions of commission, chief electoral officer and other officers

(1)No person may refuse or fail to give effect to a lawful direction, instruction or 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.

74. Temporary obligations

(1)
(a)This section is applicable only from the date on which the notice calling an election is published to the date the result of the election is declared.
(b)For the purposes of this section, “printed matter” means any billboard, placard, poster or pamphlet.
(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—
(i)a party, a person who holds political or executive 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 does not comply with this section.

75. Prohibition on certain political activities

On voting day no person may—
(a)hold or take part in any political meeting, march, demonstration or other political event; or
(b)engage in any political activity, other than casting a vote, in the area within the boundary of a voting station.

76. Prohibition on publication of exit polls

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

Part 2 – Enforcement

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

(1)Subject to this Act and any other law, the chief electoral officer, acting on behalf of the Commission, 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.

78. Jurisdiction and powers of electoral court

(1)The Electoral Court has jurisdiction in respect of all electoral disputes and complaints about infringements of the Code, subject to section 20(4) of the Electoral Commission Act.
(2)If a court having jurisdiction by virtue of section 20(4)(b) of the Electoral Commission Act finds that a person or 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;
(c)the forfeiture of any deposit paid by that person or party in terms of section 14(1)(b) or 17(2)(d);
(d)an order prohibiting that person or party from—
(i)using any public media;
(ii)holding any public meeting, demonstration, march or other political 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;
(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 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.
(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

79. Offences

Any person who contravenes a provision of Part 1 of this Chapter is guilty of an offence.

80. Penalties

Any person convicted of any offence in terms of—
(a)section 66, 67(1)(b), (c) or (d), 69(2), 70, 71 or 73, is liable to a fine or to imprisonment for a period not exceeding 10 years;
(b)section 67(1)(a), (e) or (f), (2), (3) or (4), 68, 69(1), 72, 74(4), 75 or 76, is liable to a fine or to imprisonment for a period not exceeding five years.

Part 4 – Other general provisions

81. Access to private places

(1)Members, employees and officers of the Commission have access to private places if that access is necessary for the exercise of a power or the performance of a duty conferred or assigned to them by or under this Act.
(2)A person mentioned in subsection (1) must ensure that reasonable attempts to notify the occupier of such private place have been made.

82. Ownership of voting and election materials, and disposal

(1)The Commission is regarded as owning all voting and election materials used or provided by it in an election.
(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.

83. Return or forfeiture of deposit

(1)Subject to section 78(2)(c), the Commision must refund to a party or a ward candidate any deposit paid by it in terms of sections 14(1)(b) or 17(2)(d) if—
(a)the party is allocated at least one seat in the municipal council the election of which that party contested; or
(b)the ward candidate received at least 10 per cent of the total number of votes cast in the ward election.
(2)A deposit that is not refundable in terms of subsection (1) is forfeited to the National Revenue Fund.

84. Effect of certain irregularities

(1)A mistake in the certified segment of the voters’ roll referred to in section 6 or the final list of candidates referred to in sections 15 and 18 does not invalidate that segment of the voters’ roll or that list of candidates.[subsection (1) substituted by section 21 of Act 4 of 2021]
(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.

85. Inspection and copying of documents

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

86. Prohibition on certain strikes and lockouts

(1)The service provided by the Commission from the date the notice calling an election is published to the date the result of the election is declared, 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.

Part 5 – Codes of conduct and regulations

87. Electoral Code of Conduct

(1)The Electoral Code of Conduct binds every party contesting an election and every candidate.
(2)The Electoral Code of Conduct is binding from the date on which the notice calling an election is published to the date the result of the election is declared.
[section 87 substituted by section 22 of Act 4 of 2021]

88. Other Codes

The Commission may by notice in the Government Gazette—
(a)compile and issue any other Code in order to promote free, fair and orderly elections; and
(b)amend or replace any Code issued under paragraph (a),

89. Regulations

(1)The Commission must make regulations regarding any matter that must be prescribed in terms of this Act.
(2)The Commission may make regulations regarding any matter—
(a)that may be prescribed under this Act; or
(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.
(4)The Commission must publish any regulations made in terms of this section in the Government Gazette.

Part 6 – Delegation of powers and assignment of duties by Commission and chief electoral officer

90. Delegation of powers and assignment of duties by commission

(1)The Commission may—
(a)delegate any of the Commission’s powers in terms of this Act (excluding the powers contained in sections 88 or 89 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 assignment in terms of subsection (1)—
(a)is subject to any limitations and conditions the Commission may impose; and
(b)does not prevent the Commission from exercising or performing the delegated power or assigned duty.
(3)A delegation or assignment in terms of subsection (1) to the chief electoral officer may authorise that officer to sub-delegate the delegated power or reassign the assigned duty to any other employee or officer of the Commission.
(4)The Commission may vary, confirm or revoke any decision taken in consequence of a delegation or subdelegation under this section, provided that no variation or revocation of a decision may detract from any rights that may have accrued as a result of the decision.

91. Delegation of powers and assignment of duties by chief electoral officer

(1)The chief electoral officer may—
(a)delegate any of the powers conferred on the chief electoral officer by this Act or any other law, to another employee or officer of the Commission; or
(b)instruct an employee or officer of the Commission to perform any of the duties assigned to the chief electoral officer by this Act or any other law.
(2)A delegation or assignment in terms of subsection (1)—
(a)is subject to any limitations and conditions the chief electoral officer may impose; and
(b)does not prevent the chief electoral officer from exercising or performing the delegated power or assigned duty.
(3)The chief electoral officer may vary, confirm or revoke any decision taken in consequence of a delegation or subdelegation under this section, provided that no variation or revocation of a decision may detract from any rights that may have accrued as a result of the decision.

92. Decision of objections and appeals

Whenever the Commission, the chief electoral officer or an 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.

Part 7 – Miscellaneous

93. Amendment of laws

The laws specified in Schedule 2 are hereby amended to the extent set out in the third column of the Schedule.

94. Application of Local Government Transition Act, 1993

The Local Government Transition Act, 1993 (Act No. 209 of 1993), does not apply to a municipal election held after the expiry of the term of municipal councils referred to in section 93(3) of the Municipal Structures Act.

95. Act binds State

This act binds the state except in so far as criminal liability is concerned.

96. Short title

This Act is called the Local Government: Municipal Electoral Act, 2000.

Schedule 1 (sections 1 and 87)

Electoral Code of Conduct

1.Purpose of CodeThe 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.
2.Promotion of CodeEvery party and every candidate 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.
3.Compliance with Code and electoral lawsEvery 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 or executive 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 ward 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 or executive 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 ward candidate, that the representatives and supporters of the candidate comply with this Code and any applicable electoral laws.
4.Public commitment
(1)Every 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 party and every candidate must accept the result of an election or alternatively challenge the result in a court.
5.Duty to co-operateEvery 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.
6.Role of womenEvery 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.
7Role of CommissionEvery 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 die Commission, or the chief electoral officer;
(d)establish and maintain effective lines of communication with—
(i)the Commission; and
(ii)other 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 conferred or 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.
8.Role of mediaEvery 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.
9.Prohibited conduct
(1)No party or candidate may—
(a)use language or act in a way that may provoke—
(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 ward candidate or that candidate’s representatives;
(c)plagiarise the symbols, colours or acronyms of other 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.
10.Additions to CodeThe Commission may by regulations made in terms of section 89 add provisions to this Code.

Schedule 2 (section 93)

Amendment of laws

No. and year of lawShort titleExtent of amendment
Act 51 of 1996Electoral Commission Act, 1996Amendment of the Electoral Com­mission Act, 1996—(a)by the insertion under the “ARRANGEMENT OF SECTIONS” after section 15 of the following expression:“15A. Registration of parties for municipal elections”; and(b)by the insertion after section 15 of the following section:“

15A. Registration of parties for municipal elections

(1)The Chief Electoral Officer shall, upon application by a party in the prescribed form, register such party in re­spect of a particular municipal­ity.
(2)No party not represented in a municipal council in that municipal area or areas may be so registered unless the applica­tion is accompanied by—
(a)that party’s deed of founda­tion;
(b)the prescribed amount, if any; and
(c)proof of publication in a newspaper circulating in that municipal area of the pre­scribed notice of application.
(3)A party registered for a par­ticular municipality or municipali­ties, may under such registration only participate in elections for councils for those municipalities.
(4)Subsections (1), (2), (3) and (4) of section 15 do not apply to a registration under this section.”.
Act 73 of 1998Electoral Act, 1998Amendment of the Electoral Act, 1998, by the addition to section 7 of the following subsection:“
(3)
(a)A person is regarded to be ordinarily resident at the home or place where that person nor­mally lives and to which that per­son regularly returns after any period of temporary absence.
(b)For the purpose of registra­tion on the voters’ roll a person is not regarded to be ordinarily resi­dent at a place where that person is lawfully imprisoned or detained, but at the last home or place where that person normally lived when not imprisoned or de­tained.”.
Act 117 of 1998Local Government: Municipal Struc­tures Act, 1998Amendment of the Municipal Struc­tures Act, 1998—(a)by the substitution in section 1 for the definition of "party" of the following definition:“"party" means a party regis­tered in terms of the Electoral Commission Act, 1996 (Act No. 51 of 1996);”;(b)by the insertion in section 12 after paragraph (e) of subsection (3) of the following paragraph:“
(eA)in the case of a district municipality, the number of councillors, deter­mined in terms of section 23, to—
(i)proportionally represent par­ties;
(ii)be appointed by each of the local councils within the district municipality to di­rectly represent each local municipality; and
(iii)proportionally represent parties from each district management area within that district municipality;”;
(c)by the deletion in section 24 of the words "or dates" wherever they occur;(d)by the substitution in paragraph (a) of subsection (1) of section 25 for the expression “Electoral Act” of the expression “Elec­toral Commission Act, 1996, (Act No. 51 of 1996)”;(e)by the substitution in paragraph (b) of subsection (1) of section 25 for the word “development” of the word “management";(f)by the deletion in section 25 in the words preceding paragraph (a) of subsection (3) of the words “or dates”;(g)by the deletion in paragraph (a) of subsection (3) of section 25 of the words “or last voting day”;(h)by the deletion in subsection (4) of section 25 of the words “or dates” wherever they occur;(i)by the substitution in paragraph (f) of section 27 for subpara­graphs (i) and (ii) of the follow­ing subparagraphs:“
(i)was nominated by a party as a candidate in the ward elec­tion and ceases to be a member of that party; or
(ii)was not nominated by a party as a candidate in the ward election and becomes a member of a party.”;
(j)by the substitution in item 1 of Schedule 1 for the definition of “independent ward councillor” of the following definition:“"independent ward councillor" means a councillor who was not nominated by a patty as a candi­date in a ward election;";(k)by the substitution in item 1 of Schedule 1 for the definition of “ward candidate representing a party” of the following defini­tion:“"ward candidate representing a party" means a ward candidate who was nominated by a party as a candidate in a ward election.”;(l)by the substitution for item 10 of Schedule 1 of the following item:“
10.Submission of lists of candi­datesA list of candidates may be submitted only by a party.”;
(m)by the substitution for subitems (1) and (2) of item 15 of Sched­ule 1 of the following subitem, the existing subitem (3) becom­ing subitem (2):“
(1)If no party submitted a list, a by-election must be held within 90 days of nomination day and the MEC for local government must, after consultation with the Commission, de­termine the date of the election.”;
(n)by the substitution for item 4 of Schedule 2 of the following item:“
4.Submission of lists of candi­datesA list of candidates may be submitted only by a party."; and
(o)by the substitution for subitems (1) and (2) of item 9 of Schedule 2 of the following subitem, the existing subitem (3) becoming subitem (2):“
(1)If no party submitted a list, a by-election must be held within 90 days of nomina­tion day and the MEC for local government must, after consultation with the Commission, determine the date of the election.”.

Schedule 3

Election timetable

[Schedule 3 added by section 11 of Act 14 of 2010]In terms of section 11 of the Local Government: Municipal Electoral Act, 2000 (hereinafter referred to as "the Act"), the Electoral Commission (hereinafter referred to as the Commission) hereby compiled this election timetable 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 Act and a reference to "regulation" is a reference to that regulation in the Municipal Electoral Regulations, 2000.)
1.Cut-off time for act to be performedAn act required in terms of the Act and the Municipal Electoral Regulations, 2000, to be performed by no later than a date stated in the election timetable must be performed before 17:00 on that date.
1A.By ________ [day/month/year], the chief electoral officer must give notice of the periods during which, and the venues where, the segments of the provisionally compiled voters’ roll compiled for the election shall be available for inspection in terms of section 14(1)(e) of the Electoral Act.[item 1A inserted by section 22 of Act 1 of 2019]
1B.By ________ [day/month/year], any objections in terms of section 15 of the Electoral Act in respect of the segments of the provisionally compiled voters’ roll for the election must be made.[item 1B inserted by section 22 of Act 1 of 2019]
1C.By ________ [day/month/year], the Commission must decide any objection made in terms of section 15 of the Electoral Act in respect of the segments of the provisionally compiled voters’ roll for this election and notify the objector and the chief electoral officer and a person other than the objector whose name or registration details are involved.[item 1C inserted by section 22 of Act 1 of 2019]
2.Notice that list of addresses of voting stations is available for inspectionThe Commission must give notice by ________ (date) that from the date of the notice until the voting day copies of a list of all voting stations and their addresses will be available for inspection at the office of the Commission's local representative.
3.Notice of route of mobile voting stationThe Commission must give notice by ________ (date) of the route, including the locations and estimated times of stopping of each mobile voting station.
4.Cut-off date for publication of voters' rollBy ________ (date), the Chief Electoral Officer must certify the voters' roll or the municipality's segments of the voters' roll to be used in this election in terms of section 6(2), and make those segments available for inspection.
5.Cut-off date for submission of notice to contest, list of candidates and nomination of ward candidate
(1)Registered parties that intend to contest this election in terms of section 14 must nominate and submit a party list of their candidates and the prescribed deposit with the supporting documents for the election in the manner provided for in section 14(1A)(a) or (b) in the prescribed form by ________ (date).[subitem (1) substituted by section 7(a) of Act 1 of 2016]
(2)Registered parties and nominators of independent candidates that intend to contest a ward in this election in terms of section 17, must submit their nominations and the prescribed deposits with the supporting documentation for the said ward election in the manner provided for in section 14(1A)(a) or (b) in the prescribed form by________ (date).[subitem (2) substituted by section 7(b) of Act 1 of 2016]
(3)Payment of the prescribed deposits in terms of section 14A must be made by ________ (date).
6.Notice of non-compliance
(1)
(a)The Commission must notify a registered party that has submitted a party list of candidates in terms of section 14 but has not fully complied with section 14(3), of that non-compliance by ________ (date).
(b)If the notified party takes the opportunity to comply with section 14(3), that party must do so by ________ (date).
(2)
(a)The Commission must notify the nominating party or person of a candidate who has not fully complied with section 17(2)(b) and (c), of that non-compliance by ________ (date).
(b)If the nominating party or person takes the opportunity to comply with section 17(2)(b) or (c), that party or person must do so by ________ (date).
6A.Multiple nominations
(1)The Commission must notify a candidate whose name appears on more than one party list for an election submitted in terms of section 14 and all the parties on whose party lists such a candidate appears by ________ (date).
(2)If the notified party decides to act in terms of section 14(4A)(b), that party must do so by ________ (date).
(3)The Commission must notify a ward candidate that has been nominated by more than one party or person for an election, and each party or person who has nominated such candidate, by ________ (date).
(4)If the notified nominating party or person decides to act in terms of section 17(2B)(b), that party or person must do so by ________(date).
[item 6A inserted by section 7(b) of Act 1 of 2016]
7.List of parties entitled to contest election and list of candidatesBy ________ (date), the Commission—
(a)must compile the list of the registered parties entitled to contest this election;
(b)must certify the party lists for this election; and
(c)keep those lists available at the office of the Commission's local representative.
8.List of ward candidates to contest ward electionBy ________ (date), the Commission must—
(a)compile and certify for each ward contested in this election, a list of candidates contesting that ward; and
(b)keep copies of those lists available at the office of the Commission's local representative.
9.Issue of certificate to candidateBy ________ (date), the Commission must issue—
(a)the prescribed candidate certificate to each candidate on the certified party lists in this election; and
(b)the prescribed candidate certificate to each candidate on the certified list of ward candidates in this election.
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History of this document

27 August 2021 this version
06 March 2019
Read this version
03 June 2016
Read this version
28 February 2011
Read this version
11 July 2000
Commenced
Read this version
06 July 2000
Assented to

Cited documents 6

Act 6
1. Local Government: Municipal Structures Act, 1998 4515 citations
2. Labour Relations Act, 1995 2481 citations
3. Local Government Transition Act, 1993 784 citations
4. Electoral Commission Act, 1996 737 citations
5. Electoral Act, 1998 529 citations
6. Identification Act, 1986 59 citations

Documents citing this one 1458

Gazette 1417
1. Eastern Cape Provincial Gazette dated 2002-05-03 number 872
2. Eastern Cape Provincial Gazette dated 2004-01-14 number 1113
3. Eastern Cape Provincial Gazette dated 2004-04-02 number 1142
4. Eastern Cape Provincial Gazette dated 2004-05-25 number 1167
5. Eastern Cape Provincial Gazette dated 2004-06-29 number 1182
6. Eastern Cape Provincial Gazette dated 2004-08-24 number 1204
7. Eastern Cape Provincial Gazette dated 2004-10-12 number 1222
8. Eastern Cape Provincial Gazette dated 2004-12-15 number 1260
9. Eastern Cape Provincial Gazette dated 2005-03-15 number 1336
10. Eastern Cape Provincial Gazette dated 2005-06-29 number 1391
Judgment 37
1. Matatiele Municipality and Others v President of the Republic of South Africa and Others (1) [2006] ZACC 2 (27 February 2006) 34 citations
2. Electoral Commission v Mhlope and Others [2016] ZACC 15 (14 June 2016) 21 citations
3. African Christian Democratic Party v Electoral Commission and Others [2006] ZACC 1 (24 February 2006) 20 citations
4. National Union of Metal Workers of South Africa v Intervalve (Pty) Ltd and Others [2014] ZACC 35 (12 December 2014) 15 citations
5. My Vote Counts v Minister of Justice and Correctional Services and Another [2018] ZACC 17 (21 June 2018) 12 citations
6. Electoral Commission of the Republic of South Africa v Inkatha Freedom Party [2011] ZACC 16 (10 May 2011) 7 citations
7. Democratic Alliance in re Electoral Commission of South Africa v Minister of Cooperative Governance and Others [2021] ZACC 30 (20 September 2021) 6 citations
8. Premier for Province of Gauteng and Others v Democratic Alliance and Others (394/2020) [2020] ZASCA 136 (27 October 2020) 3 citations
9. Action SA v Electoral Commission of South Africa (006/2021/EC) [2022] ZAEC 2 (18 January 2022)
10. African Alliance v Electoral Commission (006/11 IEC) [2011] ZAEC 5 (13 May 2011)
Act 3
1. Local Government: Municipal Structures Act, 1998 4515 citations
2. Electoral Act, 1998 529 citations
3. Protection of Personal Information Act, 2013 344 citations
Provincial Notice 1
1. Regulations Relating to the Kwazulu-Natal Joint Municipal Pension Fund (Superannuation), 2019