LOCAL GOVERNMENT: MUNICIPAL ELECTORAL ACT 27 OF 2000

[ASSENTED TO 6 JULY 2000] [DATE OF COMMENCEMENT: 11 JULY 2000]

(English text signed by the President)
Regulations under this Act
MUNICIPAL ELECTORAL REGULATIONS

ACT
To regulate municipal elections; to amend certain laws; and to provided for matters
connected therewith.
TABLE OF CONTENTS
CHAPTER 1
INTERPRETATION, APPLICATION AND ADMINISTRATION OF ACT
1 Definitions
2 Interpretation of this Act
3 This Act to regulate municipal elections
4 Administration of this Act
CHAPTER 2
VOTERS' ROLL AND ELECTION DATE
5 National common voters' roll to apply to municipal elections
6 Segments of voters' roll to be used in election
7 Who may vote
8 Postponement of elections
9 Postponement of voting at voting station
10 Revote at voting station
CHAPTER 3
PREPARATIONS FOR ELECTION
Part 1
Election timetable and appointment of local representatives
11 Election timetable
12 Appointment of local representatives
Part 2
Parties contesting election and submission of party lists
13 Parties contesting elections
14 Requirements for parties contesting election by way of party lists
15 List of parties contesting election by way of party lists and certification of
party lists
Part 3
Ward candidates
16 Nomination of ward candidates
17 Requirements for ward candidates to contest election
18 List of ward candidates to contest ward election
Part 4
Voting stations
19 Establishment of voting stations
20 Relocation of voting stations
21 Boundaries of voting stations
22 Mobile voting stations
Part 5
Voting materials
23 Ballot papers
24 Ballot boxes

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 25 Voting compartments
26 Voting materials
Part 6
Officers, additional persons, institutions and agents
27 Appointment of presiding officers
28 Powers and duties of presiding officers
29 Appointment of voting officers
30 Powers and duties of voting officers
31 Appointment of counting officers
32 Powers and duties of counting officers
33 Appointment of counters
34 Powers and duties of counters
35 Appointment of additional persons
36 Powers and duties of additional persons
37 General provisions concerning appointment of officers
38 General provisions concerning appointment of institutions
39 Appointment of agents
40 Powers and duties of agents and candidates within voting station
CHAPTER 4
OBSERVERS AND VOTER EDUCATION PROVIDERS
41 Accreditation of observers
42 Powers and duties of accredited observers
43 Accreditation of persons providing voter education
CHAPTER 5
VOTING
44 Officers at voting stations
45 Hours of voting
46 Initial procedures
47 Voting procedure
48 Assistance to certain voters
49 Issue of new ballot papers
50 Marking of hand
51 Objections concerning voting
52 Sealing of ballot boxes
53 Completion of ballot paper statement and sealing of voting materials
54 Voting procedure for mobile voting stations
55 General
CHAPTER 6
COUNTING
56 Commencement of counting procedures
57 Place and time of counting of votes
58 Verification procedure
59 Objections and appeals concerning verification
60 Counting of votes
61 Rejection of ballot papers
62 Objections concerning sorting of ballot papers and counting of votes
63 Procedure concerning results and voting materials
64 Determination and declaration of result of election
65 Objections material to declared results of election
CHAPTER 7
GENERAL PROVISIONS

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 Part 1
Prohibited conduct
66 Contravention of Code
67 Undue influence
68 Impersonation
69 Intentional false statements
70 Infringement of secrecy
71 Prohibitions concerning voting and election materials
72 Prohibitions concerning placards and billboards during election
73 Obstruction of, or non-compliance with, directions of Commission, chief
electoral officer and other officers
74 Temporary obligations
75 Prohibition on certain political activities
76 Prohibition on publication of exit polls
Part 2
Enforcement
77 Institution of and intervention in civil proceedings by chief electoral officer
78 Jurisdiction and powers of Electoral Court
Part 3
Offences and penalties
79 Offences
80 Penalties
Part 4
Other general provisions
81 Access to private places
82 Ownership of voting and election materials, and disposal
83 Return or forfeiture of deposit
84 Effect of certain irregularities
85 Inspection and copying of documents
86 Prohibition on certain strikes and lockouts
Part 5
Codes of conduct and regulations
87 Electoral Code of Conduct
88 Other Codes
89 Regulations
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
91 Delegation of powers and assignment of duties by chief electoral officer
92 Decision of objections and appeals
Part 7
Miscellaneous
93 Amendment of laws
94 Application of Local Government Transition Act, 1993
95 Act binds State
96 Short title
CHAPTER 1
INTERPRETATION, APPLICATION AND ADMINISTRATION OF ACT (ss 1-4)
1 Definitions
In this Act, unless the context otherwise indicates-

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 '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;
'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
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 management area' means an area as defined in the Municipal Structures
Act;
'election' or 'municipal election' means-
(a) an election of a municipal council; or
(b) a by-election for a municipal council or in a ward;
'Electoral Act' means the Electoral Act, 1998 (Act 73 of 1998);
'Electoral Code of Conduct' means the Code contained in Schedule 1;
'Electoral Commission Act' means the Electoral Commission Act, 1996 (Act 51
of 1996);
'Electoral Court' means the Court established by section 18 of the Electoral
Commission Act;
'identity document' means-
(a) an identity document issued after 1 July 1986, in terms of section 8 of the
repealed Identification Act, 1986 (Act 72 of 1986); or
(b) a temporary identity certificate issued in terms of the Identification Act,
1997 (Act 68 of 1997);
'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;

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 '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 27 of 1998);
'Municipal Structures Act' means the Local Government: Municipal Structures
Act, 1998 (Act 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

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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 (ss 5-10)
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 existing on the day on which the
notice calling an election is published in terms of the Municipal Structures Act, is the
segment that must be used in that election.
(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'

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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

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 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
PREPARATIONS FOR ELECTION (ss 11-40)
Part 1
Election timetable and appointment of local representatives (ss 11-12)
11 Election timetable
(1) When an election has been called, the Commission must-
(a) compile a timetable for the election; and
(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.
(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.
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 (ss 13-15)
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

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 (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
office of the Commission's local representative-
(a) in the prescribed format-
(i) a notice of its intention to contest the election; and
(ii) a party list; and
(b) a deposit equal to a prescribed amount, if any, payable by means of a bank
guaranteed cheque in favour of the Commission.
(2) If it is an election in a district municipality which has one or more district
management areas, a party intending to contest the election in such an area must submit a
separate party list for the election in that area.
(3) The following documents must be attached to a party list when the list is
submitted to the Commission:
(a) A prescribed acceptance of nomination signed by each party candidate;
and
(b) a certified copy of that page of the candidate's identification document on
which the candidate's photo, name and identity number appear.
(4) If a party omits to attach to its party list all the documents mentioned in
subsection (3), the Commission must-
(a) notify the party in writing; and
(b) allow the party to submit the outstanding documents to the office of the
Commission's local representative by not later than a date stated in the
election timetable.
(5) The Commission must remove from a party list the name of a candidate in
respect of whom an outstanding document has not been submitted by the date referred to
in subsection (4).
15 List 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 (c);
(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

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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 (ss 16-18)
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 office of the
Commission's local representative by not later than a date stated in the timetable for the
election.
(2) The following must be attached to a nomination when the nomination is
submitted to the Commission:
(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 segment of the
voters' roll for any voting district in the ward;
(b) a prescribed acceptance of nomination signed by the ward candidate;
(c) a certified copy of the page of the candidate's identification document on
which the candidate's photo, name and identity number appear; and
(d) a deposit equal to a prescribed amount, if any, payable by means of a bank
guaranteed cheque in favour of the Commission.
(3) The Commission must accept a nomination submitted to it and allow the
nominated person to stand as a candidate in the ward if section 16 (1) and subsections (1)
and (2) of this section have been complied with.
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-
(a) 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

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Commission must furnish such person with a certified copy of a list mentioned in
subsection (1) (a).
Part 4
Voting stations (ss 19-22)
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.
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.

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 (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 (ss 23-26)
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 (ss 27-40)
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;

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 (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

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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

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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

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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; and
(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; and
(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-

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 (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 (ss 41-43)
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

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 (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 the 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.

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 CHAPTER 5
VOTING (ss 44-55)
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 through 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

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 (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 (3) (a), the presiding officer or voting officer
may require that the voter's fingerprints be taken.
(5) If the presiding officer or voting officer is satisfied in respect of all the matters
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.
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;
(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 who is
unable to read, must assist that voter to cast a vote 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.
(3) In applying this section, the secrecy of voting contemplated in section 47 (6)
(b) must be preserved as far as possible.
49 Issue of new ballot papers
(1) If a voter accidentally marks a ballot paper in a way that does not indicate for
whom the voter wishes to vote and the ballot paper has not yet been placed in the ballot

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box, the voter may return that ballot paper to the presiding officer or a voting officer.
(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.
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) 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.
(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) or (2), of an officer, an agent, or any other person
present at a voting station.
(4) An objection in terms of subsection (1), (2) or (3) must be made in writing on
a prescribed form and handed to the presiding officer concerned.
(5) The presiding officer must 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.
(6) After having investigated the objection, 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.
(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

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 (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 the necessary

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 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 General
The Commission may not make any special arrangements whereby a person is
allowed to vote on any day other than voting day or at any place other than the voting
station or a mobile voting station established for the voting district in which that person is
registered as a voter.
CHAPTER 6
COUNTING (ss 56-65)
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.

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 (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;

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 (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
On receipt of all the results of the count in respect of all ballots conducted at the

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voting stations within the municipality, the Commission must-
(a) determine the result of the election in the municipality;
(b) record the result on a prescribed form; and
(c) declare the result in public.
65 Objections material to declared results of election
(1) An interested party may lodge an objection concerning any aspect of an
election that is material to the declared result of the election with the Commission by
serving, by not later than 17:00 on the second day after voting day, at its office in Pretoria
a written notice containing-
(a) a reference to the election concerned;
(b) the full name and address of the objector;
(c) the postal address and telephone number where the objector can be
contacted;
(d) the interest of the objector 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 any supporting documents accompanying the notice of objection;
and
(i) proof of service of copies of the notice and annexures on other parties
involved in the objection.
(2) The Commission, on good cause shown, may condone a late objection.
(3) In considering and deciding the objection, the Commission may-
(a) investigate the factual basis of the objection;
(b) afford 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; and
(e) conduct a hearing on the objection.
(4) The Commission must-
(a) consider the objection and decide it within three days after it was served
on the Commission, and either-
(i) reject the objection;
(ii) amend the declared result of the election; or
(iii) rescind the declared result of the election; and
(b) immediately notify the objector and any other parties involved in the
objection, of the decision.
(5) An objector or other party involved in the objection who feels aggrieved by
the decision of the Commission may, within three days of the Commission's decision,
appeal to the Electoral Court in terms of section 20 of the Electoral Commission Act and
the Rules of the Electoral Court.
(6) The Electoral Court must-
(a) consider the appeal and either-
(i) reject the appeal;
(ii) amend the decision of the Commission; or

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 (iii) make another appropriate order; and
(b) notify the parties to the appeal of its decision.
(7) The declared result of an election is not suspended by an appeal to the
Electoral Court.
CHAPTER 7
GENERAL PROVISIONS (ss 66-96)
Part 1
Prohibited conduct (ss 66-76)
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; or
(f) unlawfully prevent the holding of any political meeting, march,
demonstration or other political event.
(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-

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 (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

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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 (ss 77-78)
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

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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 (ss 79-80)
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 (ss 81-86)
81 Access to private places

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 (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 Commission 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
a party list submitted by a party in terms of section 14 does not invalidate that segment of
the voters' roll or that party list.
(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 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 (ss 87-89)
87 Electoral Code of Conduct
The Electoral Code of Conduct binds every party contesting an election and every
party and ward candidate.
88 Other Codes
The Commission may by notice in the Government Gazette-

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 (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 (ss 90-92)
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

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 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 (ss 93-96)
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 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
ELECTORAL CODE OF CONDUCT
(Sections 1 and 87)
1 Purpose of Code
The purpose of this Code is to promote conditions that are conducive to free and
fair elections, including-
(a) tolerance of democratic political activity; and
(b) free political campaigning and open public debate.
2 Promotion of Code
Every 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 laws
Every 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

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 (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-operate
Every 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 women
Every 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.
7 Role of Commission
Every 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,

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 or a member, employee or officer of the Commission, or the chief
electoral officer;
(d) establish and maintain effective lines of communication with-
(i) the Commission; and
(ii) other 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 media
Every 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,

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 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 Code
The Commission may by regulations made in terms of section 89 add provisions
to this Code.
Schedule 2
AMENDMENT OF LAWS
(Section 93)
No and year of law Short title Extent of amendment

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 Act 51 of 1996 Electoral Commission Act, 1996 Amendment 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 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.'.

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 Act 73 of 1998 Electoral Act, 1998 Amendment 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.'.

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 Act 117 of 1998 Local Government: Municipal Amendment of the Municipal Structures Act,
Structures Act, 1998 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 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 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;

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 (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 party 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

candidates

A 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.';

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 (n) by the substitution for item 4 of
Schedule 2 of the following item:

'4 Submission of lists of

candidates

A 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.'

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